I

106TH CONGRESS

1ST SESSION H. R. 129

To amend title 49, United States Code, to exempt noise and access restrictions on aircraft operations to and from metropolitan airports from

certain Federal review and approval requirements, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. ENGEL introduced the following bill; which was referred to the Committee

on Transportation and Infrastructure

A BILL

To amend title 49, United States Code, to exempt noise

and access restrictions on aircraft operations to and from

metropolitan airports from certain Federal review and

approval requirements, 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. NONMETROPOLITAN AIRPORT DEFINED.

2 Section 47522 of title 49, United States Code, is

3 amended by redesignating paragraph (2) as paragraph (3)

4 and by inserting after paragraph (1) the following:

5 ‘‘(2) ‘nonmetropolitan airport’ means an airport

6 serving an area with a population of less than

7 1,000,000 individuals.’’.

8 SEC. 3. REVIEW OF AIRPORT NOISE AND ACCESS RESTRIC9 TIONS.

10 Section 47524 of title 49, United States Code, is

11 amended—

12 (1) in subsection (a) by inserting ‘‘to and from

13 nonmetropolitan airports’’ after ‘‘stage 3 aircraft’’;

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

15 a nonmetropolitan airport’’ after ‘‘stage 2 aircraft’’;

16 (3) in subsection (c)(1) by inserting ‘‘to or from

17 a nonmetropolitan airport’’ after ‘‘operation of stage

18 3 aircraft’’;

19 (4) in subsection (c)(2) by inserting ‘‘to or from

20 a nonmetropolitan airport’’ after ‘‘stage 3 aircraft’’;

21 and

22 (5) in subsection (e) by striking ‘‘facility’’ and

23 inserting ‘‘nonmetropolitan airport’’.
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1 SEC. 4. ADDITIONAL REQUIREMENT FOR APPLICATIONS TO

2 WAIVE STAGE 3 NOISE LEVELS FOR CERTAIN

3 AIRCRAFT.

4 The second sentence of section 47528(b) of title 49,

5 United States Code, is amended by inserting after

6 ‘‘1999,’’ the following: ‘‘must contain assurances that op7 erations of aircraft which do not comply with stage 3 noise

8 levels will not be concentrated at one or more airports if

9 the waiver is granted,’’.

10 SEC. 5. PROHIBITION ON ROLLBACK OF AIRCRAFT RE11 STRICTIONS.

12 (a) GENERAL.—Subchapter II of chapter 475 of title

13 49, United States Code, is amended by adding at the end

14 the following:

15 ‘‘§ 47534. Prohibition on rollback of aircraft restric16 tions

17 ‘‘(a) GENERAL RULE.—No airport noise or access re18 striction on the operation of stage 2 or stage 3 aircraft

19 to or from a metropolitan or nonmetropolitan airport in

20 effect on November 5, 1990, may be modified, superseded,

21 or repealed so as to make such restriction less stringent.

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

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

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

25 notify the sponsor of any facility operating under airport

26 noise or access restrictions in violation of subsection (a)
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1 of such violation and recommend actions necessary for

2 compliance with subsection (a).

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

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

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

6 a violation of subsection (a), such sponsor shall not be eli7 gible to receive a grant under section 47104 of this title

8 or to impose a passenger facility fee under section 40117

9 of this title until such date as the Secretary determines

10 that the facility is operating under airport noise and

11 access restrictions in compliance with subsection (a).’’.

12 (b) CONFORMING AMENDMENT.—The analysis to

13 chapter 475 is amended by inserting after the item relat14 ing to section 47533 the following:

‘‘47534. Prohibition on rollback of aircraft restrictions.’’.

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