I
103D CONGRESS
1ST SESSION
H. R. 556
To provide for aviation noise management and reduction in residential areas.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 21, 1993
Mr. ZIMMER (for himself, Mr. GALLO, and Mr. TORRICELLI) introduced the
following bill; which was referred to the Committee on Public Works and
Transportation
A BILL
To provide for aviation noise management and reduction
in residential areas.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Aviation Noise Limit
Act of 1993’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The accurate assessment and control of
aviation noise impact is necessary to protect the
public health and welfare while increasing and im-
proving aviation capacity.
(2) Airspace management without noise impact
assessment and moderation can have a significant
impact on an area distant from an airport.
(3) The Federal system for determining noise
impact at airports, which currently serves as the
basis of noise compatibility programs receiving Fed-
eral assistance, does not adequately protect the pub-
lic health and welfare.
(4) The Federal system for determining noise
impact at airports does not take into account the
characteristics of an area, including the area’s prox-
imity to an airport and the area’s non-aircraft back-
ground noise.
(5) The Federal system for determining noise
impact at airports is less restrictive than the criteria
used by many State and local governments, usurping
a zoning role normally allocated to the States.
(6) The Federal system for determining noise
impact at airports is inconsistent with the mainte-
nance of accepted interior levels of quiet for existing
residences and has been demonstrated unsuccessful
in identifying problems and predicting community
reaction.
(7) The Federal system for determining noise
impact at airports does not protect against signifi-
cant disturbances in human activities such as sleep
and conversation and promotes Federal interference
with the constitutionally protected right to quiet en-
joyment of private property.
(8) Research showing that low levels of noise
affects human health and welfare requires changes
in Federal programs managing noise levels.
(9) Population density, background noise levels,
and distance from an airport are factors which af-
fect an individual’s expectations with respect to avia-
tion noise and an individual’s acceptance of aviation
noise.
(10) Changes to the noise environment of a de-
veloped and populated area should be treated dif-
ferently from changes to the noise environment of a
nonpopulated or industrial area.
SEC. 3. AVIATION NOISE LIMITS.
(a) REDUCTION OF AVIATION NOISE IN AREAS IN
THE VICINITY OF AIRPORTS.—
(1) DEVELOPMENT OF PLAN.—The Secretary
shall develop a staged plan to reduce by at least 75
percent on or before January 1, 2001, the number
of individuals residing in residential areas in the vi-
cinity of an airport who are exposed to a yearly day-
night average sound level of 60 decibels or above.
(2) CONSIDERATIONS.—In developing the plan
pursuant to paragraph (1), the Secretary shall con-
sider various methods for aviation noise reduction,
including soundproofing, relocation incentives, use of
quieter aircraft, operations restrictions, and revision
of air routes.
(3) FEDERAL DEPARTMENTS AND AGENCIES.—
As part of the plan to be developed pursuant to
paragraph (1), the Secretary shall make rec-
ommendations on actions and policy changes on the
part of Federal departments and agencies (including
but not limited to the Department of Transpor-
tation) which could assist in meeting the objective
described in paragraph (1).
(4) MODIFICATION
OF
REGULATIONS.—The
Secretary shall modify regulations issued pursuant
to section 102 of the Aviation and Safety Noise
Abatement Act of 1979 to assist in meeting the ob-
jective described in paragraph (1).
(b) MANAGEMENT
AND REDUCTION
OF AVIATION
NOISE IN OTHER AREAS.—
(1) AIRSPACE
TRAFFIC
CHANGES.—Beginning
on the date of the enactment of this Act, the Admin-
istrator may make an airspace traffic change only if
the Administrator determines that the change will
not result in an increase in aviation noise in viola-
tion of paragraph (2).
(2) REQUIREMENTS.—A violation of any of the
following requirements, which apply only to residen-
tial areas that are not in the vicinity of an airport,
shall be considered to be a violation of this para-
graph:
(A) HOURLY
AVERAGE
SOUND
LEVEL.—
The hourly average sound level, with combined
aviation and nonaviation sources, over any 1-
hour period may not exceed 6 decibels above the
background sound level for such 1-hour period.
(B) SINGLE
EVENT
MAXIMUM
SOUND
LEVEL.—Under normal circumstances, the sin-
gle event maximum sound level—
(i) may not exceed 70 decibels;
(ii) during nighttime hours, may not
exceed 55 decibels; and
(iii) may not be more than 20 decibels
above the background sound level for the
1-hour period in which the event occurs.
The requirement of this subparagraph shall be
considered to have been met if there are no