REST Act of 2023

To provide for a nighttime airport access restriction, and for other purposes. 1. Short title This Act may be cited as the Restore Everyone’s Sleep Tonight Act of 2023 REST Act of 2023 2. Airport access restriction (a) In general Notwithstanding any other provision of law and except as provided in subsection (b), an airport may impose an access restriction between the hours of 10 p.m. and 7 a.m. for aircrafts. (b) Accommodations for certain flights (1) Types of flights In imposing an access restriction under subsection (a), an airport shall permit, within the hours of such access restriction, the operation of military, law enforcement, and Coast Guard flights. (2) Exceptional circumstances In imposing an access restriction under subsection (a), an airport may not prohibit access for— (A) a flight that is scheduled to arrive or depart during hours not covered by the access restriction imposed under subsection (a) and which arrives or departs during such access restriction due solely to weather or the safe operation of the aircraft, including compliance with any safety-related requirements; (B) emergency flights; (C) flights to evacuate natural disasters; and (D) flights for the purpose of the preservation of life, health, or safety. (c) Penalties (1) In general An airport may impose a noise deterrence penalty on an air carrier or aircraft operator for a violation of the access restriction imposed under subsection (a). (2) Amount of penalty An airport applying penalties under this subsection shall set a base level for a noise deterrence penalty under paragraph (1) at an amount sufficient to deter future violations of the access restriction imposed under subsection (a). (3) Increase in penalty The airport applying penalties under this subsection may increase a penalty for a violation of the access restriction imposed under subsection (a) above the base amount set under paragraph (2) if an aircraft takeoff or landing resulted in noise to residents of any unit of local government exceeding 80 dBA, as evidenced by a noise monitoring device recognized as authoritative by the airport. (4) Considerations for a penalty increase In determining whether to increase the penalty above the base amount set under paragraph (2), an airport may consider the following: (A) The certified noise level and engine model of the aircraft. (B) The time of violation. (C) Repeat violations by the air carrier or aircraft operator. (D) Any other criteria that the airport determines reflects the noise impacts to residents of the unit of local government impacted by the violation of subsection (a). (5) Use of penalty (A) In general Except as provided in subparagraph (C), penalties collected for a violation of the access restriction imposed under subsection (a) shall be remitted to the unit of local government that experienced the impact of the noise deterrence violation. (B) Multiple units of local government If multiple units of local government are impacted by a violation of the access restriction imposed under subsection (a), an airport shall remit the penalty to the jurisdictions impacted in equal parts. (C) Administrative costs An airport may deduct reasonable costs of administering a noise deterrence penalty from a penalty collected under this paragraph before remitting the penalty under subparagraphs (A) and (B). (d) Limitation With respect to any action taken in carrying out this section, the airport is not required to seek the approval or comment of the Federal Aviation Administration or the Secretary of Transportation, any air carrier or aircraft operator or any other entity. (e) Definition of weather In this section, the term weather (f) Definition of access restriction For purposes of this Act, an access restriction is a prohibition on the landing or takeoff of aircraft.

Summary: Restore Everyone's Sleep Tonight Act of 2023 or the REST Act of 2023This bill authorizes an airport to impose an access restriction (i.e., a prohibition on the landing or takeoff of aircraft) between the hours of 10 p.m. and 7 a.m. for aircraft, with exceptions.The authorization to impose the restriction does not apply to exceptional circumstances, such as (1) a scheduled flight that is delayed in takeoff or landing due to weather; (2) emergency flights; and (3) flights for the purpose of preserving life, health, or safety.An airport may impose a noise deterrence penalty on an air carrier or aircraft operator for a violation of the access restriction.The restriction does not apply to the operation of military, law enforcement, and U.S. Coast Guard flights.Further, the bill specifies that an airport may impose the restriction without approval or comment by the Federal Aviation Administration, the Department of Transportation, any air carrier or aircraft operator, or any other entity.