I 

118TH CONGRESS 

1ST SESSION H. R. 6562 

To provide for a nighttime airport access restriction, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 1, 2023 

Mr. PANETTA (for himself, Mr. CA ́RDENAS, Ms. ESHOO, Mr. MULLIN, and Mr. 

SHERMAN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To provide for a nighttime airport access restriction, 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 ‘‘Restore Everyone’s 

5 Sleep Tonight Act of 2023’’ or the ‘‘REST Act of 2023’’. 

6 SEC. 2. AIRPORT ACCESS RESTRICTION. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law and except as provided in subsection (b), an 

9 airport may impose an access restriction between the 

10 hours of 10 p.m. and 7 a.m. for aircrafts. 


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1 (b) ACCOMMODATIONS FOR CERTAIN FLIGHTS.— 

2 (1) TYPES OF FLIGHTS.—In imposing an access 

3 restriction under subsection (a), an airport shall per4 mit, within the hours of such access restriction, the 

5 operation of military, law enforcement, and Coast 

6 Guard flights. 

7 (2) EXCEPTIONAL CIRCUMSTANCES.—In impos8 ing an access restriction under subsection (a), an 

9 airport may not prohibit access for— 

10 (A) a flight that is scheduled to arrive or 

11 depart during hours not covered by the access 

12 restriction imposed under subsection (a) and 

13 which arrives or departs during such access re14 striction due solely to weather or the safe oper15 ation of the aircraft, including compliance with 

16 any safety-related requirements; 

17 (B) emergency flights; 

18 (C) flights to evacuate natural disasters; 

19 and 

20 (D) flights for the purpose of the preserva21 tion of life, health, or safety. 

22 (c) PENALTIES.— 

23 (1) IN GENERAL.—An airport may impose a 

24 noise deterrence penalty on an air carrier or aircraft 


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1 operator for a violation of the access restriction im2 posed under subsection (a). 

3 (2) AMOUNT OF PENALTY.—An airport apply4 ing penalties under this subsection shall set a base 

5 level for a noise deterrence penalty under paragraph 

6 (1) at an amount sufficient to deter future violations 

7 of the access restriction imposed under subsection 

8 (a). 

9 (3) INCREASE IN PENALTY.—The airport apply10 ing penalties under this subsection may increase a 

11 penalty for a violation of the access restriction im12 posed under subsection (a) above the base amount 

13 set under paragraph (2) if an aircraft takeoff or 

14 landing resulted in noise to residents of any unit of 

15 local government exceeding 80 dBA, as evidenced by 

16 a noise monitoring device recognized as authoritative 

17 by the airport. 

18 (4) CONSIDERATIONS FOR A PENALTY IN19 CREASE.—In determining whether to increase the 

20 penalty above the base amount set under paragraph 

21 (2), an airport may consider the following: 

22 (A) The certified noise level and engine 

23 model of the aircraft. 

24 (B) The time of violation. 


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1 (C) Repeat violations by the air carrier or 

2 aircraft operator. 

3 (D) Any other criteria that the airport de4 termines reflects the noise impacts to residents 

5 of the unit of local government impacted by the 

6 violation of subsection (a). 

7 (5) USE OF PENALTY.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (C), penalties collected for a vio10 lation of the access restriction imposed under 

11 subsection (a) shall be remitted to the unit of 

12 local government that experienced the impact of 

13 the noise deterrence violation. 

14 (B) MULTIPLE UNITS OF LOCAL GOVERN15 MENT.—If multiple units of local government 

16 are impacted by a violation of the access re17 striction imposed under subsection (a), an air18 port shall remit the penalty to the jurisdictions 

19 impacted in equal parts. 

20 (C) ADMINISTRATIVE COSTS.—An airport 

21 may deduct reasonable costs of administering a 

22 noise deterrence penalty from a penalty col23 lected under this paragraph before remitting 

24 the penalty under subparagraphs (A) and (B). 


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1 (d) LIMITATION.—With respect to any action taken 

2 in carrying out this section, the airport is not required 

3 to seek the approval or comment of the Federal Aviation 

4 Administration or the Secretary of Transportation, any air 

5 carrier or aircraft operator or any other entity. 

6 (e) DEFINITION OF WEATHER.—In this section, the 

7 term ‘‘weather’’ is defined as the state of the atmosphere 

8 at a location or along a route over the short-term. 

9 (f) DEFINITION OF ACCESS RESTRICTION.—For pur10 poses of this Act, an access restriction is a prohibition on 

11 the landing or takeoff of aircraft. 

Æ 


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