IB 

Union Calendar No. 580 

110TH CONGRESS 

2D SESSION H. R. 5788 

[Report No. 110–900] 

To amend title 49, United States Code, to establish prohibitions against 

voice communications using a mobile communications device on commercial airline flights, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2008 

Mr. DEFAZIO (for himself, Mr. COSTELLO, Mr. PETRI, Mr. DUNCAN, Mr. 

OBERSTAR, Mr. LIPINSKI, Mr. FILNER, Mr. COHEN, Mr. BOOZMAN, Mr. 

CAPUANO, and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

SEPTEMBER 28, 2008 

Additional sponsors: Ms. MATSUI, Ms. HIRONO, Mrs. MYRICK, Mr. 

BLUMENAUER, Mr. BAIRD, Mr. UDALL of Colorado, Mr. WAMP, Ms. 

DEGETTE, Mrs. TAUSCHER, Mr. FARR, Ms. MCCOLLUM of Minnesota, 

Mr. HINOJOSA, Mr. HILL, and Mr. ROTHMAN

SEPTEMBER 28, 2008 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend title 49, United States Code, to establish prohibitions against voice communications using a mobile comVerDate Aug 31 2005 02:49 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H5788.RH H5788

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munications device on commercial airline flights, 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 ‘‘Halting Airplane Noise 

5 to Give Us Peace Act of 2008’’. 

6 SEC. 2. PROHIBITIONS AGAINST VOICE COMMUNICATIONS 

7 USING MOBILE COMMUNICATIONS DEVICES 

8 ON SCHEDULED FLIGHTS. 

9 (a) IN GENERAL.—Subchapter I of chapter 417 of 

10 title 49, United States Code, is amended by adding at the 

11 end the following: 

12 ‘‘§ 41724. Prohibitions against voice communications 

13 using mobile communications devices on 

14 scheduled flights 

15 ‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPOR16 TATION.— 

17 ‘‘(1) IN GENERAL.—An individual may not en18 gage in voice communications using a mobile com19 munications device in an aircraft during a flight in 

20 scheduled passenger interstate air transportation or 

21 scheduled passenger intrastate air transportation. 

22 ‘‘(2) FLIGHT CREW AND FLIGHT ATTEND23 ANTS.—The prohibition described in paragraph (1) 


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1 shall not apply to a member of the flight crew or 

2 flight attendants on an aircraft. 

3 ‘‘(b) FOREIGN AIR TRANSPORTATION.— 

4 ‘‘(1) IN GENERAL.—The Secretary of Transpor5 tation shall require all air carriers and foreign air 

6 carriers to adopt the prohibition described in sub7 section (a) with respect to the operation of an air8 craft in scheduled passenger foreign air transpor9 tation. 

10 ‘‘(2) ALTERNATE PROHIBITION.—If a foreign 

11 government objects to the application of paragraph 

12 (1) on the basis that paragraph (1) provides for an 

13 extraterritorial application of the laws of the United 

14 States, the Secretary shall waive the application of 

15 paragraph (1) to a foreign air carrier licensed by 

16 that foreign government at such time as an alter17 native prohibition on voice communications using a 

18 mobile communications device during flight is nego19 tiated by the Secretary with such foreign govern20 ment through bilateral negotiations. 

21 ‘‘(c) DEFINITIONS.—In this section, the following 

22 definitions apply: 

23 ‘‘(1) FLIGHT.—The term ‘flight’ means the pe24 riod beginning when an aircraft takes off and ending 

25 when an aircraft lands. 


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1 ‘‘(2) VOICE COMMUNICATIONS USING A MOBILE

2 COMMUNICATIONS DEVICE.— 

3 ‘‘(A) INCLUSIONS.—The term ‘voice com4 munications using a mobile communications de5 vice’ includes voice communications using— 

6 ‘‘(i) a commercial mobile radio service 

7 or other wireless communications device; 

8 ‘‘(ii) a broadband wireless device or 

9 other wireless device that transmits data 

10 packets using the Internet Protocol or 

11 comparable technical standard; or 

12 ‘‘(iii) a device having voice override 

13 capability. 

14 ‘‘(B) EXCLUSION.—Such term does not in15 clude voice communications using a phone in16 stalled on an aircraft. 

17 ‘‘(d) SAFETY REGULATIONS.—This section shall not 

18 be construed to affect the authority of the Secretary to 

19 impose limitations on voice communications using a mobile 

20 communications device for safety reasons. 

21 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

22 such regulations as are necessary to carry out this sec23 tion.’’. 

24 (b) CLERICAL AMENDMENT.—The analysis for such 

25 subchapter is amended by adding at the end the following: 


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‘‘Sec. 41724. Prohibitions against voice communications using mobile communications devices on scheduled flights.’’. 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Halting Airplane Noise 

3 to Give Us Peace Act of 2008’’. 

4 SEC. 2. PROHIBITIONS AGAINST VOICE COMMUNICATIONS 

5 USING MOBILE COMMUNICATIONS DEVICES 

6 ON SCHEDULED FLIGHTS. 

7 (a) IN GENERAL.—Subchapter I of chapter 417 of title 

8 49, United States Code, is amended by adding at the end 

9 the following: 

10 ‘‘§ 41724. Prohibitions against voice communications 

11 using mobile communications devices on 

12 scheduled flights 

13 ‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPOR14 TATION.— 

15 ‘‘(1) IN GENERAL.—An individual may not en16 gage in voice communications using a mobile commu17 nications device in an aircraft during a flight in 

18 scheduled passenger interstate air transportation or 

19 scheduled passenger intrastate air transportation. 

20 ‘‘(2) EXCEPTIONS.—The prohibition described in 

21 paragraph (1) shall not apply to— 

22 ‘‘(A) a member of the flight crew or flight 

23 attendants on an aircraft; or 


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1 ‘‘(B) a Federal law enforcement officer act2 ing in an official capacity. 

3 ‘‘(b) FOREIGN AIR TRANSPORTATION.— 

4 ‘‘(1) IN GENERAL.—The Secretary of Transpor5 tation shall require all air carriers and foreign air 

6 carriers to adopt the prohibition described in sub7 section (a) with respect to the operation of an aircraft 

8 in scheduled passenger foreign air transportation. 

9 ‘‘(2) ALTERNATE PROHIBITION.—If a foreign 

10 government objects to the application of paragraph 

11 (1) on the basis that paragraph (1) provides for an 

12 extraterritorial application of the laws of the United 

13 States, the Secretary may waive the application of 

14 paragraph (1) to a foreign air carrier licensed by 

15 that foreign government until such time as an alter16 native prohibition on voice communications using a 

17 mobile communications device during flight is nego18 tiated by the Secretary with such foreign government 

19 through bilateral negotiations. 

20 ‘‘(c) DEFINITIONS.—In this section, the following defi21 nitions apply: 

22 ‘‘(1) FLIGHT.—The term ‘flight’ means the pe23 riod beginning when an aircraft takes off and ending 

24 when an aircraft lands. 


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•HR 5788 RH

1 ‘‘(2) VOICE COMMUNICATIONS USING A MOBILE

2 COMMUNICATIONS DEVICE.— 

3 ‘‘(A) INCLUSIONS.—The term ‘voice commu4 nications using a mobile communications device’ 

5 includes voice communications using— 

6 ‘‘(i) a commercial mobile radio service 

7 or other wireless communications device; 

8 ‘‘(ii) a broadband wireless device or 

9 other wireless device that transmits data 

10 packets using the Internet Protocol or com11 parable technical standard; or 

12 ‘‘(iii) a device having voice override 

13 capability. 

14 ‘‘(B) EXCLUSION.—Such term does not in15 clude voice communications using a phone in16 stalled on an aircraft. 

17 ‘‘(d) SAFETY REGULATIONS.—This section shall not be 

18 construed to affect the authority of the Secretary to impose 

19 limitations on voice communications using a mobile com20 munications device for safety reasons. 

21 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

22 such regulations as are necessary to carry out this section.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for such 

24 subchapter is amended by adding at the end the following: 

‘‘41724. Prohibitions against voice communications using mobile communications 

devices on scheduled flights.’’. 


wwoods2 on PRODPC68 with BILLS
Union Calendar No. 580 

110TH CONGRESS 

2D SESSION H. R. 5788 

[Report No. 110–900] 

A BILL 

To amend title 49, United States Code, to establish 

airline flights, and for other purposes. a mobile communications device on commercial prohibitions against voice communications using 

SEPTEMBER 28, 2008 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


wwoods2 on PRODPC68 with BILLS