I

103D CONGRESS

1ST SESSION H. R. 1219

To amend the Airport Noise and Capacity Act of 1990 to exempt noise

and access restrictions on aircraft operations to and from metropolitan

airports from Federal review and approval requirements under that Act,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 4, 1993

Mr. ENGEL (for himself, Mr. HYDE, and Mr. SHAYS) introduced the following

bill; which was referred to the Committee on Public Works and Transportation

A BILL

To amend the Airport Noise and Capacity Act of 1990

to exempt noise and access restrictions on aircraft operations to and from metropolitan airports from Federal

review and approval requirements under that Act, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Metropolitan Airport

5 Noise Reduction Act’’.
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1 SEC. 2. REVIEW OF AIRPORT NOISE AND ACCESS RESTRIC2 TIONS.

3 (a) LIMITATION ON APPLICABILITY OF FEDERAL RE4 VIEW REQUIREMENTS.—Section 9304 of the Airport

5 Noise and Capacity Act of 1990 (49 U.S.C. App. 2153)

6 is amended—

7 (1) in subsection (a)(1) by inserting ‘‘to and

8 from nonmetropolitan airports’’ after ‘‘Stage 3 air9 craft’’;

10 (2) in subsection (b) by inserting ‘‘to or from

11 a nonmetropolitan airport’’ after ‘‘operation of a

12 Stage 3 aircraft’’;

13 (3) in subsection (c) by inserting ‘‘to or from

14 a nonmetropolitan airport’’ after ‘‘Stage 2 aircraft’’;

15 (4) in subsection (d)(1) by inserting ‘‘to or

16 from a nonmetropolitan airport’’ after ‘‘Stage 3 air17 craft’’;

18 (5) in subsection (d)(2) by inserting ‘‘to or

19 from a nonmetropolitan airport’’ after ‘‘Stage 3 air20 craft operations’’; and

21 (6) in subsection (e) by striking ‘‘facilities’’ and

22 inserting ‘‘nonmetropolitan airports’’.

23 (b) NONMETROPOLITAN AIRPORT DEFINED.—Sec24 tion 9304 of such Act is further amended by adding at

25 the end the following new subsection:
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1 ‘‘(i) NONMETROPOLITAN AIRPORT DEFINED.—For

2 the purposes of this section, the term ‘nonmetropolitan

3 airport’ means an airport serving an area with a popu4 lation of less than 1,000,000 individuals.’’.

5 SEC. 3. ADDITIONAL REQUIREMENT FOR APPLICATIONS TO

6 WAIVE STAGE 3 NOISE LEVELS FOR CERTAIN

7 AIRCRAFT.

8 The second sentence of section 9308(b)(1) of the Air9 port Noise and Capacity Act of 1990 (49 U.S.C. App.

10 2157(b)(1)) is amended by inserting after ‘‘1999,’’ the fol11 lowing: ‘‘must contain assurances that operations of air12 craft which do not comply with Stage 3 noise levels will

13 not be concentrated at one or more airports if the waiver

14 is granted,’’.

15 SEC. 4. PROHIBITION ON ROLLBACK OF AIRCRAFT RE16 STRICTIONS.

17 The Airport Noise and Capacity Act of 1990 (49

18 U.S.C. App. 2151–2158) is amended by adding at the end

19 the following new section:

20 ‘‘SEC. 9310. PROHIBITION ON ROLLBACK OF AIRCRAFT RE21 STRICTIONS.

22 ‘‘(a) GENERAL RULE.—No airport noise or access re23 striction on the operation of Stage 2 or Stage 3 aircraft

24 to or from a metropolitan or nonmetropolitan airport in

25 effect on November 5, 1990, may be modified, superseded,
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1 or repealed so as to make such restriction less stringent.

2 This subsection shall apply to any action taken on, before,

3 or after the date of the enactment of this section.

4 ‘‘(b) NOTIFICATION.—The Secretary shall promptly

5 notify the sponsor of any facility operating under airport

6 noise or access restrictions in violation of subsection (a)

7 of such violation and recommend actions necessary for

8 compliance with subsection (a).

9 ‘‘(c) INELIGIBILITY FOR PFC’S AND AIP FUNDS.—

10 After the 90th day following the date on which the sponsor

11 of a facility receives pursuant to subsection (b) notice of

12 a violation of subsection (a), such sponsor shall not be eli13 gible to impose a passenger facility charge under section

14 1113(e) of the Federal Aviation Act of 1958 and shall not

15 be eligible for grants authorized by section 505 of the Air16 port and Airway Improvement Act of 1982 until such date

17 as the Secretary determines that the facility is operating

18 under airport noise and access restrictions in compliance

19 with subsection (a).’’.

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