H. R. 658—79 
(c) VACANCIES.—A vacancy in the advisory committee shall 
be filled in the manner in which the original appointment was 
made. 
(d) TRAVEL EXPENSES.—Members of the advisory committee 
shall serve without pay but shall receive travel expenses, including 
per diem in lieu of subsistence, in accordance with subchapter 
I of chapter 57 of title 5, United States Code. 
(e) CHAIRPERSON.—The Secretary shall designate, from among 
the individuals appointed under subsection (b), an individual to 
serve as chairperson of the advisory committee. 
(f) DUTIES.—The duties of the advisory committee shall 
include— 
(1) evaluating existing aviation consumer protection pro-
grams and providing recommendations for the improvement 
of such programs, if needed; and 
(2) providing recommendations for establishing additional 
aviation consumer protection programs, if needed. 
(g) REPORT TO CONGRESS.—Not later than February 1 of each 
of the first 2 calendar years beginning after the date of enactment 
of this Act, the Secretary shall transmit to Congress a report 
containing— 
(1) the recommendations made by the advisory committee 
during the preceding calendar year; and 
(2) an explanation of how the Secretary has implemented 
each recommendation and, for each recommendation not imple-
mented, the Secretary’s reason for not implementing the rec-
ommendation. 
(h) TERMINATION.—The advisory committee established under 
this section shall terminate on September 30, 2015. 
SEC. 412. DISCLOSURE OF SEAT DIMENSIONS TO FACILITATE THE USE 
OF CHILD SAFETY SEATS ON AIRCRAFT. 
Not later than 1 year after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
initiate a rulemaking to require each air carrier operating under 
part 121 of title 14, Code of Federal Regulations, to post on the 
Internet Web site of the air carrier the maximum dimensions of 
a child safety seat that can be used on each aircraft operated 
by the air carrier to enable passengers to determine which child 
safety seats can be used on those aircraft. 
SEC. 413. SCHEDULE REDUCTION. 
(a) IN GENERAL.—If the Administrator of the Federal Aviation 
Administration determines that— 
(1) the aircraft operations of air carriers during any hour 
at an airport exceed the hourly maximum departure and arrival 
rate established by the Administrator for such operations; and 
(2) the operations in excess of the maximum departure 
and arrival rate for such hour at such airport are likely to 
have a significant adverse effect on the safe and efficient use 
of navigable airspace, 
the Administrator shall convene a meeting of such carriers to reduce 
pursuant to section 41722 of title 49, United States Code, on a 
voluntary basis, the number of such operations so as not to exceed 
the maximum departure and arrival rate. 
(b) NO AGREEMENT.—If the air carriers participating in a 
meeting with respect to an airport under subsection (a) are not 
able to agree to a reduction in the number of flights to and from
H. R. 658—80 
the airport so as not to exceed the maximum departure and arrival 
rate, the Administrator shall take such action as is necessary to 
ensure such reduction is implemented. 
(c) SUBSEQUENT SCHEDULE INCREASES.—Subsequent to any 
reduction in operations under subsection (a) or (b) at an airport, 
if the Administrator determines that the hourly number of aircraft 
operations at that airport is less than the amount that can be 
handled safely and efficiently, the Administrator shall ensure that 
priority is given to United States air carriers in permitting addi-
tional aircraft operations with respect to that hour. 
SEC. 414. RONALD REAGAN WASHINGTON NATIONAL AIRPORT SLOT 
EXEMPTIONS. 
(a) INCREASE IN NUMBER OF SLOT EXEMPTIONS.—Section 41718 
is amended by adding at the end the following: 
‘‘(g) ADDITIONAL SLOT EXEMPTIONS.— 
‘‘(1) INCREASE
IN
SLOT
EXEMPTIONS.—Not later than 90 
days after the date of enactment of the FAA Modernization 
and Reform Act of 2012, the Secretary shall grant, by order 
16 exemptions from— 
‘‘(A) the application of sections 49104(a)(5), 49109, and 
41714 to air carriers to operate limited frequencies and 
aircraft on routes between Ronald Reagan Washington 
National Airport and airports located beyond the perimeter 
described in section 49109; and 
‘‘(B) the requirements of subparts K and S of part 
93, Code of Federal Regulations. 
‘‘(2) NEW ENTRANTS AND LIMITED INCUMBENTS.—Of the slot 
exemptions made available under paragraph (1), the Secretary 
shall make 8 available to limited incumbent air carriers or 
new entrant air carriers (as such terms are defined in section 
41714(h)). Such exemptions shall be allocated pursuant to the 
application process established by the Secretary under sub-
section (d). The Secretary shall consider the extent to which 
the exemptions will— 
‘‘(A) provide air transportation with domestic network 
benefits in areas beyond the perimeter described in section 
49109; 
‘‘(B) increase competition in multiple markets; 
‘‘(C) not reduce travel options for communities served 
by small hub airports and medium hub airports within 
the perimeter described in section 49109; 
‘‘(D) not result in meaningfully increased travel delays; 
‘‘(E) enhance options for nonstop travel to and from 
the beyond-perimeter airports that will be served as a 
result of those exemptions; 
‘‘(F) have a positive impact on the overall level of 
competition in the markets that will be served as a result 
of those exemptions; or 
‘‘(G) produce public benefits, including the likelihood 
that the service to airports located beyond the perimeter 
described in section 49109 will result in lower fares, higher 
capacity, and a variety of service options. 
‘‘(3) IMPROVED NETWORK SLOTS.—Of the slot exemptions 
made available under paragraph (1), the Secretary shall make 
8 available to incumbent air carriers qualifying for status as 
a non-limited incumbent carrier at Ronald Reagan Washington
H. R. 658—81 
National Airport as of the date of enactment of the FAA Mod-
ernization and Reform Act of 2012. Each such non-limited 
incumbent air carrier— 
‘‘(A) may operate up to a maximum of 2 of the newly 
authorized slot exemptions; 
‘‘(B) prior to exercising an exemption made available 
under paragraph (1), shall discontinue the use of a slot 
for service between Ronald Reagan Washington National 
Airport and a large hub airport within the perimeter as 
described in section 49109, and operate, in place of such 
service, service between Ronald Reagan Washington 
National Airport and an airport located beyond the perim-
eter described in section 49109; 
‘‘(C) shall be entitled to return of the slot by the Sec-
retary if use of the exemption made available to the carrier 
under paragraph (1) is discontinued; 
‘‘(D) shall have sole discretion concerning the use of 
an exemption made available under paragraph (1), 
including the initial or any subsequent beyond perimeter 
destinations to be served; and 
‘‘(E) shall file a notice of intent with the Secretary 
and subsequent notices of intent, when appropriate, to 
inform the Secretary of any change in circumstances con-
cerning the use of any exemption made available under 
paragraph (1). 
‘‘(4) NOTICES OF INTENT.—Notices of intent under para-
graph (3)(E) shall specify the beyond perimeter destination 
to be served and the slots the carrier shall discontinue using 
to serve a large hub airport located within the perimeter. 
‘‘(5) CONDITIONS.—Beyond-perimeter flight operations car-
ried out by an air carrier using an exemption granted under 
this subsection shall be subject to the following conditions: 
‘‘(A) An air carrier may not operate a multi-aisle or 
widebody aircraft in conducting such operations. 
‘‘(B) An air carrier granted an exemption under this 
subsection is prohibited from transferring the rights to 
its beyond-perimeter exemptions pursuant to section 
41714(j). 
‘‘(h) SCHEDULING PRIORITY.—In administering this section, the 
Secretary shall— 
‘‘(1) afford a scheduling priority to operations conducted 
by new entrant air carriers and limited incumbent air carriers 
over operations conducted by other air carriers granted addi-
tional slot exemptions under subsection (g) for service to air-
ports located beyond the perimeter described in section 49109; 
‘‘(2) afford a scheduling priority to slot exemptions currently 
held by new entrant air carriers and limited incumbent air 
carriers for service to airports located beyond the perimeter 
described in section 49109, to the extent necessary to protect 
viability of such service; and 
‘‘(3) consider applications from foreign air carriers that 
are certificated by the government of Canada if such consider-
ation is required by the bilateral aviation agreement between 
the United States and Canada and so long as the conditions 
and limitations under this section apply to such foreign air 
carriers.’’.
H. R. 658—82 
(b) HOURLY LIMITATION.—Section 41718(c)(2) is amended to 
read as follows: 
‘‘(2) GENERAL EXEMPTIONS.— 
‘‘(A) HOURLY LIMITATION.—The exemptions granted— 
‘‘(i) under subsections (a) and (b) and departures 
authorized under subsection (g)(2) may not be for oper-
ations between the hours of 10:00 p.m. and 7:00 a.m.; 
and 
‘‘(ii) under subsections (a), (b), and (g) may not 
increase the number of operations at Ronald Reagan 
Washington National Airport in any 1-hour period 
during the hours between 7:00 a.m. and 9:59 p.m. 
by more than 5 operations. 
‘‘(B) USE OF EXISTING SLOTS.—A non-limited incumbent 
air carrier utilizing an exemption authorized under sub-
section (g)(3) for an arrival permitted between the hours 
of 10:01 p.m. and 11:00 p.m. under this section shall dis-
continue use of an existing slot during the same time 
period the arrival exemption is operated.’’. 
(c) LIMITED INCUMBENT DEFINITION.—Section 41714(h)(5) is 
amended— 
(1) in subparagraph (A) by striking ‘‘20’’ and inserting 
‘‘40’’; 
(2) by amending subparagraph (B) to read as follows: 
‘‘(B) for purposes of such sections, the term ‘slot’ shall 
not include— 
‘‘(i) ‘slot exemptions’; 
‘‘(ii) slots operated by an air carrier under a fee- 
for-service arrangement for another air carrier, if the 
air carrier operating such slots does not sell flights 
in its own name, and is under common ownership 
with an air carrier that seeks to qualify as a limited 
incumbent and that sells flights in its own name; or 
‘‘(iii) slots held under a sale and license-back 
financing arrangement with another air carrier, where 
the slots are under the marketing control of the other 
air carrier; and’’. 
(d) TRANSFER OF EXEMPTIONS.—Section 41714(j) is amended 
by striking the period at the end and inserting ‘‘, except through 
an air carrier merger or acquisition.’’. 
(e) DEFINITION OF AIRPORT PURPOSES.—Section 49104(a)(2)(A) 
is amended— 
(1) in clause (ii) by striking ‘‘or’’ at the end; 
(2) in clause (iii) by striking the period at the end and 
inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(iv) a business or activity not inconsistent with 
the needs of aviation that has been approved by the 
Secretary.’’. 
SEC. 415. PASSENGER AIR SERVICE IMPROVEMENTS. 
(a) IN GENERAL.—Subtitle VII is amended by inserting after 
chapter 421 the following:
H. R. 658—83 
‘‘CHAPTER 423—PASSENGER AIR SERVICE 
IMPROVEMENTS 
‘‘Sec. 
‘‘42301. Emergency contingency plans. 
‘‘42302. Consumer complaints. 
‘‘42303. Use of insecticides in passenger aircraft. 
‘‘§ 42301. Emergency contingency plans 
‘‘(a) SUBMISSION OF AIR CARRIER AND AIRPORT PLANS.—Not 
later than 90 days after the date of enactment of this section, 
each of the following air carriers and airport operators shall submit 
to the Secretary of Transportation for review and approval an 
emergency contingency plan in accordance with the requirements 
of this section: 
‘‘(1) An air carrier providing covered air transportation 
at a commercial airport. 
‘‘(2) An operator of a commercial airport. 
‘‘(3) An operator of an airport used by an air carrier 
described in paragraph (1) for diversions. 
‘‘(b) AIR CARRIER PLANS.— 
‘‘(1) PLANS FOR INDIVIDUAL AIRPORTS.—An air carrier shall 
submit an emergency contingency plan under subsection (a) 
for— 
‘‘(A) each airport at which the carrier provides covered 
air transportation; and 
‘‘(B) each airport at which the carrier has flights for 
which the carrier has primary responsibility for inventory 
control. 
‘‘(2) CONTENTS.—An emergency contingency plan submitted 
by an air carrier for an airport under subsection (a) shall 
contain a description of how the carrier will— 
‘‘(A) provide adequate food, potable water, restroom 
facilities, comfortable cabin temperatures, and access to 
medical treatment for passengers onboard an aircraft at 
the airport when the departure of a flight is delayed or 
the disembarkation of passengers is delayed; 
‘‘(B) share facilities and make gates available at the 
airport in an emergency; and 
‘‘(C) allow passengers to deplane following an excessive 
tarmac delay in accordance with paragraph (3). 
‘‘(3) DEPLANING FOLLOWING AN EXCESSIVE TARMAC DELAY.— 
For purposes of paragraph (2)(C), an emergency contingency 
plan submitted by an air carrier under subsection (a) shall 
incorporate the following requirements: 
‘‘(A) A passenger shall have the option to deplane 
an aircraft and return to the airport terminal when there 
is an excessive tarmac delay. 
‘‘(B) The option described in subparagraph (A) shall 
be offered to a passenger even if a flight in covered air 
transportation is diverted to a commercial airport other 
than the originally scheduled airport. 
‘‘(C) Notwithstanding the requirements described in 
subparagraphs (A) and (B), a passenger shall not have 
an option to deplane an aircraft and return to the airport 
terminal in the case of an excessive tarmac delay if—
H. R. 658—84 
‘‘(i) an air traffic controller with authority over 
the aircraft advises the pilot in command that permit-
ting a passenger to deplane would significantly disrupt 
airport operations; or 
‘‘(ii) the pilot in command determines that permit-
ting a passenger to deplane would jeopardize passenger 
safety or security. 
‘‘(c) AIRPORT PLANS.—An emergency contingency plan sub-
mitted by an airport operator under subsection (a) shall contain 
a description of how the operator, to the maximum extent prac-
ticable, will— 
‘‘(1) provide for the deplanement of passengers following 
excessive tarmac delays; 
‘‘(2) provide for the sharing of facilities and make gates 
available at the airport in an emergency; and 
‘‘(3) provide a sterile area following excessive tarmac delays 
for passengers who have not yet cleared United States Customs 
and Border Protection. 
‘‘(d) UPDATES.— 
‘‘(1) AIR CARRIERS.—An air carrier shall update each emer-
gency contingency plan submitted by the carrier under sub-
section (a) every 3 years and submit the update to the Secretary 
for review and approval. 
‘‘(2) AIRPORTS.—An airport operator shall update each 
emergency contingency plan submitted by the operator under 
subsection (a) every 5 years and submit the update to the 
Secretary for review and approval. 
‘‘(e) APPROVAL.— 
‘‘(1) IN GENERAL.—Not later than 60 days after the date 
of the receipt of an emergency contingency plan submitted 
under subsection (a) or an update submitted under subsection 
(d), the Secretary shall review and approve or, if necessary, 
require modifications to the plan or update to ensure that 
the plan or update will effectively address emergencies and 
provide for the health and safety of passengers. 
‘‘(2) FAILURE TO APPROVE OR REQUIRE MODIFICATIONS.— 
If the Secretary fails to approve or require modifications to 
a plan or update under paragraph (1) within the timeframe 
specified in that paragraph, the plan or update shall be deemed 
to be approved. 
‘‘(3) ADHERENCE REQUIRED.—An air carrier or airport oper-
ator shall adhere to an emergency contingency plan of the 
carrier or operator approved under this section. 
‘‘(f) MINIMUM STANDARDS.—The Secretary shall establish, as 
necessary or desirable, minimum standards for elements in an 
emergency contingency plan required to be submitted under this 
section. 
‘‘(g) PUBLIC ACCESS.—An air carrier or airport operator required 
to submit an emergency contingency plan under this section shall 
ensure public access to the plan after its approval under this 
section on the Internet Web site of the carrier or operator or 
by such other means as determined by the Secretary. 
‘‘(h) REPORTS.—Not later than 30 days after any flight experi-
ences an excessive tarmac delay, the air carrier responsible for 
such flight shall submit a written description of the incident and 
its resolution to the Aviation Consumer Protection Division of the 
Department of Transportation.
H. R. 658—85 
‘‘(i) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) COMMERCIAL AIRPORT.—The term ‘commercial airport’ 
means a large hub, medium hub, small hub, or nonhub airport. 
‘‘(2) COVERED AIR TRANSPORTATION.—The term ‘covered air 
transportation’ means scheduled or public charter passenger 
air transportation provided by an air carrier that operates 
an aircraft that as originally designed has a passenger capacity 
of 30 or more seats. 
‘‘(3) TARMAC DELAY.—The term ‘tarmac delay’ means the 
period during which passengers are on board an aircraft on 
the tarmac— 
‘‘(A) awaiting takeoff after the aircraft doors have been 
closed or after passengers have been boarded if the pas-
sengers have not been advised they are free to deplane; 
or 
‘‘(B) awaiting deplaning after the aircraft has landed. 
‘‘(4) EXCESSIVE TARMAC DELAY.—The term ‘excessive tarmac 
delay’ means a tarmac delay that lasts for a length of time, 
as determined by the Secretary. 
‘‘§ 42302. Consumer complaints 
‘‘(a) IN GENERAL.—The Secretary of Transportation shall estab-
lish a consumer complaints toll-free hotline telephone number for 
the use of passengers in air transportation and shall take actions 
to notify the public of— 
‘‘(1) that telephone number; and 
‘‘(2) the Internet Web site of the Aviation Consumer Protec-
tion Division of the Department of Transportation. 
‘‘(b) NOTICE TO PASSENGERS ON THE INTERNET.—An air carrier 
or foreign air carrier providing scheduled air transportation using 
any aircraft that as originally designed has a passenger capacity 
of 30 or more passenger seats shall include on the Internet Web 
site of the carrier— 
‘‘(1) the hotline telephone number established under sub-
section (a); 
‘‘(2) the e-mail address, telephone number, and mailing 
address of the air carrier for the submission of complaints 
by passengers about air travel service problems; and 
‘‘(3) the Internet Web site and mailing address of the 
Aviation Consumer Protection Division of the Department of 
Transportation for the submission of complaints by passengers 
about air travel service problems. 
‘‘(c) NOTICE TO PASSENGERS ON BOARDING DOCUMENTATION.— 
An air carrier or foreign air carrier providing scheduled air transpor-
tation using any aircraft that as originally designed has a passenger 
capacity of 30 or more passenger seats shall include the hotline 
telephone number established under subsection (a) on— 
‘‘(1) prominently displayed signs of the carrier at the airport 
ticket counters in the United States where the air carrier 
operates; and 
‘‘(2) any electronic confirmation of the purchase of a pas-
senger ticket for air transportation issued by the air carrier. 
‘‘§ 42303. Use of insecticides in passenger aircraft 
‘‘(a) INFORMATION TO BE PROVIDED ON THE INTERNET.—The 
Secretary of Transportation shall establish, and make available
H. R. 658—86 
to the general public, an Internet Web site that contains a listing 
of countries that may require an air carrier or foreign air carrier 
to treat an aircraft passenger cabin with insecticides prior to a 
flight in foreign air transportation to that country or to apply 
an aerosol insecticide in an aircraft cabin used for such a flight 
when the cabin is occupied with passengers. 
‘‘(b) REQUIRED DISCLOSURES.—An air carrier, foreign air carrier, 
or ticket agent selling, in the United States, a ticket for a flight 
in foreign air transportation to a country listed on the Internet 
Web site established under subsection (a) shall refer the purchaser 
of the ticket to the Internet Web site established under subsection 
(a) for additional information.’’. 
(b) PENALTIES.—Section 46301 is amended in subsections 
(a)(1)(A) and (c)(1)(A) by inserting ‘‘chapter 423,’’ after ‘‘chapter 
421,’’. 
(c) APPLICABILITY OF REQUIREMENTS.—Except as otherwise pro-
vided, the requirements of chapter 423 of title 49, United States 
Code, as added by this section, shall begin to apply 60 days after 
the date of enactment of this Act. 
(d) CLERICAL AMENDMENT.—The analysis for subtitle VII is 
amended by inserting after the item relating to chapter 421 the 
following: 
‘‘423. Passenger Air Service Improvements .........................................................42301’’. 
Subtitle B—Essential Air Service 
SEC. 421. LIMITATION ON ESSENTIAL AIR SERVICE TO LOCATIONS 
THAT AVERAGE FEWER THAN 10 ENPLANEMENTS PER DAY. 
Section 41731 is amended— 
(1) in subsection (a)(1) by amending subparagraph (B) to 
read as follows: 
‘‘(B) had an average of 10 enplanements per service 
day or more, as determined by the Secretary, during 
the most recent fiscal year beginning after September 
30, 2012;’’; 
(2) by amending subsection (c) to read as follows: 
‘‘(c) EXCEPTION FOR LOCATIONS IN ALASKA AND HAWAII.—Sub-
paragraphs (B), (C), and (D) of subsection (a)(1) shall not apply 
with respect to locations in the State of Alaska or the State of 
Hawaii.’’; 
(3) by amending subsection (d) to read as follows: 
‘‘(d) EXCEPTIONS
FOR LOCATIONS MORE THAN 175 DRIVING 
MILES FROM
THE NEAREST LARGE
OR MEDIUM HUB AIRPORT.— 
Subsection (a)(1)(B) shall not apply with respect to locations that 
are more than 175 driving miles from the nearest large or medium 
hub airport.’’; and 
(4) by adding at the end the following: 
‘‘(e) WAIVERS.—For fiscal year 2013 and each fiscal year there-
after, the Secretary may waive, on an annual basis, subsection 
(a)(1)(B) with respect to a location if the location demonstrates 
to the Secretary’s satisfaction that the reason the location averages 
fewer than 10 enplanements per day is due to a temporary decline 
in enplanements. 
‘‘(f) DEFINITION.—For purposes of subsection (a)(1)(B), the term 
‘enplanements’ means the number of passengers enplaning, at an
H. R. 658—87 
eligible place, on flights operated by the subsidized essential air 
service carrier.’’. 
SEC. 422. ESSENTIAL AIR SERVICE ELIGIBILITY. 
Section 41731(a)(1) is further amended— 
(1) in subparagraph (C) by striking the period at the end 
and inserting ‘‘; and’’; and 
(2) by adding at the end the following: 
‘‘(D) is a community that, at any time during the 
period between September 30, 2010, and September 30, 
2011, inclusive— 
‘‘(i) received essential air service for which com-
pensation was provided to an air carrier under this 
subchapter; or 
‘‘(ii) received a 90-day notice of intent to terminate 
essential air service and the Secretary required the 
air carrier to continue to provide such service to the 
community.’’. 
SEC. 423. ESSENTIAL AIR SERVICE MARKETING. 
Section 41733(c)(1) is amended— 
(1) by redesignating subparagraph (E) as subparagraph 
(F); 
(2) by striking ‘‘and’’ at the end of subparagraph (D); and 
(3) by inserting after subparagraph (D) the following: 
‘‘(E) whether the air carrier has included a plan in its 
proposal to market its services to the community; and’’. 
SEC. 424. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGI-
BILITY FOR SUBSIDIZED ESSENTIAL AIR SERVICE. 
Section 41733 is amended by adding at the end the following: 
‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGI-
BILITY.— 
‘‘(1) IN GENERAL.—The Secretary shall notify each commu-
nity receiving basic essential air service for which compensation 
is being paid under this subchapter on or before the 45th 
day before issuing any final decision to end the payment of 
such compensation due to a determination by the Secretary 
that providing such service requires a rate of subsidy per pas-
senger in excess of the subsidy cap. 
‘‘(2) PROCEDURES TO AVOID TERMINATION.—The Secretary 
shall establish, by order, procedures by which each community 
notified of an impending loss of subsidy under paragraph (1) 
may work directly with an air carrier to ensure that the air 
carrier is able to submit a proposal to the Secretary to provide 
essential air service to such community for an amount of com-
pensation that would not exceed the subsidy cap. 
‘‘(3) ASSISTANCE PROVIDED.—The Secretary shall provide, 
by order, information to each community notified under para-
graph (1) regarding— 
‘‘(A) the procedures established pursuant to paragraph 
(2); and 
‘‘(B) the maximum amount of compensation that could 
be provided under this subchapter to an air carrier serving 
such community that would comply with basic essential 
air service and the subsidy cap.’’.
H. R. 658—88 
SEC. 425. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED 
TO BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR 
SERVICE. 
Section 41733 is further amended by adding at the end the 
following: 
‘‘(g) PROPOSALS
OF
STATE
AND
LOCAL
GOVERNMENTS
TO 
RESTORE ELIGIBILITY.— 
‘‘(1) IN GENERAL.—If the Secretary, after the date of enact-
ment of this subsection, ends payment of compensation to an 
air carrier for providing basic essential air service to an eligible 
place because the Secretary has determined that providing 
such service requires a rate of subsidy per passenger in excess 
of the subsidy cap or that the place is no longer an eligible 
place pursuant to section 41731(a)(1)(B), a State or local govern-
ment may submit to the Secretary a proposal for restoring 
compensation for such service. Such proposal shall be a joint 
proposal of the State or local government and an air carrier. 
‘‘(2) DETERMINATION BY SECRETARY.—The Secretary shall 
issue an order restoring the eligibility of the otherwise eligible 
place to receive basic essential air service by an air carrier 
for compensation under subsection (c) if— 
‘‘(A) a State or local government submits to the Sec-
retary a proposal under paragraph (1); and 
‘‘(B) the Secretary determines that— 
‘‘(i) the rate of subsidy per passenger under the 
proposal does not exceed the subsidy cap; 
‘‘(ii) the proposal is likely to result in an average 
number of enplanements per day that will satisfy the 
requirement in section 41731(a)(1)(B); and 
‘‘(iii) the proposal is consistent with the legal and 
regulatory requirements of the essential air service 
program. 
‘‘(h) SUBSIDY CAP DEFINED.—In this section, the term ‘subsidy 
cap’ means the subsidy-per-passenger cap established by section 
332 of the Department of Transportation and Related Agencies 
Appropriations Act, 2000 (Public Law 106–69; 113 Stat. 1022).’’. 
SEC. 426. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY 
INCREASED COSTS. 
(a) EMERGENCY ACROSS-THE-BOARD ADJUSTMENT.—Subject to 
the availability of funds, the Secretary may increase the rates 
of compensation payable to air carriers under subchapter II of 
chapter 417 of title 49, United States Code, to compensate such 
carriers for increased aviation fuel costs without regard to any 
agreement or requirement relating to the renegotiation of contracts 
or any notice requirement under section 41734 of such title. 
(b) EXPEDITED PROCESS FOR ADJUSTMENTS TO INDIVIDUAL CON-
TRACTS.— 
(1) IN GENERAL.—Section 41734(d) is amended by striking 
‘‘continue to pay’’ and all that follows through ‘‘compensation 
sufficient—’’ and inserting ‘‘provide the carrier with compensa-
tion sufficient—’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall apply to compensation to air carriers for air service 
provided after the 30th day following the date of enactment 
of this Act.
H. R. 658—89 
(c) SUBSIDY CAP.—Subject to the availability of funds, the Sec-
retary may waive, on a case-by-case basis, the subsidy-per-pas-
senger cap established by section 332 of the Department of 
Transportation and Related Agencies Appropriations Act, 2000 
(Public Law 106–69; 113 Stat. 1022). A waiver issued under this 
subsection shall remain in effect for a limited period of time, as 
determined by the Secretary. 
SEC. 427. ESSENTIAL AIR SERVICE CONTRACT GUIDELINES. 
(a) 
COMPENSATION
GUIDELINES.—Section 
41737(a)(1) 
is 
amended— 
(1) by striking ‘‘and’’ at the end of subparagraph (B); 
(2) in subparagraph (C) by striking the period at the end 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(D) include provisions under which the Secretary may 
encourage an air carrier to improve air service for which com-
pensation is being paid under this subchapter by incorporating 
financial incentives in an essential air service contract based 
on specified performance goals, including goals related to 
improving on-time performance, reducing the number of flight 
cancellations, establishing reasonable fares (including joint 
fares beyond the hub airport), establishing convenient connec-
tions to flights providing service beyond hub airports, and 
increasing marketing efforts; and 
‘‘(E) include provisions under which the Secretary may 
execute a long-term essential air service contract to encourage 
an air carrier to provide air service to an eligible place if 
it would be in the public interest to do so.’’. 
(b) DEADLINE FOR ISSUANCE OF REVISED GUIDANCE.—Not later 
than 1 year after the date of enactment of this Act, the Secretary 
of Transportation shall issue revised guidelines governing the rate 
of compensation payable under subchapter II of chapter 417 that 
incorporate the amendments made by this section. 
(c) UPDATE.—Not later than 2 years after the date of issuance 
of revised guidelines pursuant to subsection (b), the Secretary shall 
submit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate an update of the extent 
to which the revised guidelines have been implemented and the 
impact, if any, such implementation has had on air carrier perform-
ance and community satisfaction with air service for which com-
pensation is being paid under subchapter II of chapter 417. 
SEC. 428. ESSENTIAL AIR SERVICE REFORM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 41742(a) is 
amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘for each fiscal year’’ before ‘‘is author-
ized’’; and 
(B) by striking ‘‘under this subchapter for each fiscal 
year’’ and inserting ‘‘under this subchapter’’; and 
(2) in paragraph (2) by striking ‘‘and $54,699,454 for the 
period beginning on October 1, 2011, and ending on February 
17, 2012,’’ and inserting ‘‘, $143,000,000 for fiscal year 2012, 
$118,000,000 for fiscal year 2013, $107,000,000 for fiscal year 
2014, and $93,000,000 for fiscal year 2015’’.
H. R. 658—90 
(b) DISTRIBUTION OF ADDITIONAL FUNDS.—Section 41742(b) is 
amended to read as follows: 
‘‘(b) DISTRIBUTION
OF ADDITIONAL FUNDS.—Notwithstanding 
any other provision of law, in any fiscal year in which funds credited 
to the account established under section 45303, including the funds 
derived from fees imposed under the authority contained in section 
45301(a), exceed the $50,000,000 made available under subsection 
(a)(1), such funds shall be made available immediately for obligation 
and expenditure to carry out the essential air service program 
under this subchapter.’’. 
(c) AVAILABILITY
OF FUNDS.—Section 41742 is amended by 
adding at the end the following: 
‘‘(c) AVAILABILITY OF FUNDS.—The funds made available under 
this section shall remain available until expended.’’. 
SEC. 429. SMALL COMMUNITY AIR SERVICE. 
(a) PRIORITIES.—Section 41743(c)(5) is amended— 
(1) by striking ‘‘and’’ at the end of subparagraph (D); 
(2) in subparagraph (E) by striking ‘‘fashion.’’ and inserting 
‘‘fashion; and’’; and 
(3) by adding at the end the following: 
‘‘(F) multiple communities cooperate to submit a 
regional or multistate application to consolidate air service 
into one regional airport.’’. 
(b) EXTENSION
OF
AUTHORIZATION.—Section 41743(e)(2) is 
amended to read as follows: 
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary $6,000,000 for each 
of fiscal years 2012 through 2015 to carry out this section. 
Such sums shall remain available until expended.’’. 
SEC. 430. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION 
PROGRAM. 
Section 41747, and the item relating to section 41747 in the 
analysis for chapter 417, are repealed. 
SEC. 431. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE 
ADJUSTMENT ELIGIBILITY. 
Section 409(d) of the Vision 100—Century of Aviation Reauthor-
ization Act (49 U.S.C. 41731 note) is amended by striking ‘‘February 
17, 2012.’’ and inserting ‘‘September 30, 2015.’’. 
TITLE V—ENVIRONMENTAL 
STREAMLINING 
SEC. 501. OVERFLIGHTS OF NATIONAL PARKS. 
(a) 
GENERAL
REQUIREMENTS.—Section 
40128(a)(1)(C) 
is 
amended by inserting ‘‘or voluntary agreement under subsection 
(b)(7)’’ before ‘‘for the park’’. 
(b) EXEMPTION
FOR NATIONAL PARKS WITH 50 OR FEWER 
FLIGHTS EACH YEAR.—Section 40128(a) is amended by adding at 
the end the following: 
‘‘(5) EXEMPTION FOR NATIONAL PARKS WITH 50 OR FEWER 
FLIGHTS EACH YEAR.— 
‘‘(A) IN GENERAL.—Notwithstanding paragraph (1), a 
national park that has 50 or fewer commercial air tour
H. R. 658—91 
operations over the park each year shall be exempt from 
the requirements of this section, except as provided in 
subparagraph (B). 
‘‘(B) WITHDRAWAL
OF
EXEMPTION.—If the Director 
determines that an air tour management plan or voluntary 
agreement is necessary to protect park resources and values 
or park visitor use and enjoyment, the Director shall with-
draw the exemption of a park under subparagraph (A). 
‘‘(C) LIST OF PARKS.— 
‘‘(i) IN GENERAL.—The Director and Administrator 
shall jointly publish a list each year of national parks 
that are covered by the exemption provided under this 
paragraph. 
‘‘(ii) NOTIFICATION
OF
WITHDRAWAL
OF
EXEMP-
TION.—The Director shall inform the Administrator, 
in writing, of each determination to withdraw an 
exemption under subparagraph (B). 
‘‘(D) ANNUAL REPORT.—A commercial air tour operator 
conducting commercial air tour operations over a national 
park that is exempt from the requirements of this section 
shall submit to the Administrator and the Director a report 
each year that includes the number of commercial air tour 
operations the operator conducted during the preceding 
1-year period over such park.’’. 
(c) AIR
TOUR
MANAGEMENT
PLANS.—Section 40128(b) is 
amended— 
(1) in paragraph (1) by adding at the end the following: 
‘‘(C) EXCEPTION.—An application to begin commercial 
air tour operations at Crater Lake National Park may 
be denied without the establishment of an air tour manage-
ment plan by the Director of the National Park Service 
if the Director determines that such operations would 
adversely affect park resources or visitor experiences.’’; and 
(2) by adding at the end the following: 
‘‘(7) VOLUNTARY AGREEMENTS.— 
‘‘(A) IN GENERAL.—As an alternative to an air tour 
management plan, the Director and the Administrator may 
enter into a voluntary agreement with a commercial air 
tour operator (including a new entrant commercial air tour 
operator and an operator that has interim operating 
authority) that has applied to conduct commercial air tour 
operations over a national park to manage commercial 
air tour operations over such national park. 
‘‘(B) PARK PROTECTION.—A voluntary agreement under 
this paragraph with respect to commercial air tour oper-
ations over a national park shall address the management 
issues necessary to protect the resources of such park and 
visitor use of such park without compromising aviation 
safety or the air traffic control system and may— 
‘‘(i) include provisions such as those described in 
subparagraphs (B) through (E) of paragraph (3); 
‘‘(ii) include provisions to ensure the stability of, 
and compliance with, the voluntary agreement; and 
‘‘(iii) provide for fees for such operations. 
‘‘(C) PUBLIC REVIEW.—The Director and the Adminis-
trator shall provide an opportunity for public review of 
a proposed voluntary agreement under this paragraph and
H. R. 658—92 
shall consult with any Indian tribe whose tribal lands 
are, or may be, flown over by a commercial air tour operator 
under a voluntary agreement under this paragraph. After 
such opportunity for public review and consultation, the 
voluntary agreement may be implemented without further 
administrative or environmental process beyond that 
described in this subsection. 
‘‘(D) TERMINATION.— 
‘‘(i) IN GENERAL.—A voluntary agreement under 
this paragraph may be terminated at any time at the 
discretion of— 
‘‘(I) the Director, if the Director determines 
that the agreement is not adequately protecting 
park resources or visitor experiences; or 
‘‘(II) the Administrator, if the Administrator 
determines that the agreement is adversely 
affecting aviation safety or the national aviation 
system. 
‘‘(ii) EFFECT
OF
TERMINATION.—If a voluntary 
agreement with respect to a national park is termi-
nated under this subparagraph, the operators shall 
conform to the requirements for interim operating 
authority under subsection (c) until an air tour 
management plan for the park is in effect.’’. 
(d) INTERIM
OPERATING
AUTHORITY.—Section 40128(c) is 
amended— 
(1) by striking paragraph (2)(I) and inserting the following: 
‘‘(I) may allow for modifications of the interim oper-
ating authority without further environmental review 
beyond that described in this subsection, if— 
‘‘(i) adequate information regarding the existing 
and proposed operations of the operator under the 
interim operating authority is provided to the Adminis-
trator and the Director; 
‘‘(ii) the Administrator determines that there 
would be no adverse impact on aviation safety or the 
air traffic control system; and 
‘‘(iii) the Director agrees with the modification, 
based on the professional expertise of the Director 
regarding the protection of the resources, values, and 
visitor use and enjoyment of the park.’’; and 
(2) in paragraph (3)(A) by striking ‘‘if the Administrator 
determines’’ and all that follows through the period at the 
end and inserting ‘‘without further environmental process 
beyond that described in this paragraph, if— 
‘‘(i) adequate information on the proposed oper-
ations of the operator is provided to the Administrator 
and the Director by the operator making the request; 
‘‘(ii) the Administrator agrees that there would 
be no adverse impact on aviation safety or the air 
traffic control system; and 
‘‘(iii) the Director agrees, based on the Director’s 
professional expertise regarding the protection of park 
resources and values and visitor use and enjoyment.’’. 
(e) OPERATOR REPORTS.—Section 40128 is amended— 
(1) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; and
H. R. 658—93 
(2) by inserting after subsection (c) the following: 
‘‘(d) COMMERCIAL AIR TOUR OPERATOR REPORTS.— 
‘‘(1) REPORT.—Each commercial air tour operator con-
ducting a commercial air tour operation over a national park 
under interim operating authority granted under subsection 
(c) or in accordance with an air tour management plan or 
voluntary agreement under subsection (b) shall submit to the 
Administrator and the Director a report regarding the number 
of commercial air tour operations over each national park that 
are conducted by the operator and such other information as 
the Administrator and Director may request in order to facili-
tate administering the provisions of this section. 
‘‘(2) REPORT SUBMISSION.—Not later than 90 days after 
the date of enactment of the FAA Modernization and Reform 
Act of 2012, the Administrator and the Director shall jointly 
issue an initial request for reports under this subsection. The 
reports shall be submitted to the Administrator and the 
Director with a frequency and in a format prescribed by the 
Administrator and the Director.’’. 
SEC. 502. STATE BLOCK GRANT PROGRAM. 
(a) GENERAL REQUIREMENTS.—Section 47128(a) is amended— 
(1) in the first sentence by striking ‘‘prescribe regulations’’ 
and inserting ‘‘issue guidance’’; and 
(2) in the second sentence by striking ‘‘regulations’’ and 
inserting ‘‘guidance’’. 
(b) APPLICATIONS
AND
SELECTION.—Section 47128(b)(4) is 
amended by inserting before the semicolon the following: ‘‘, 
including the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), State and local environmental policy acts, Executive 
orders, agency regulations and guidance, and other Federal environ-
mental requirements’’. 
(c) ENVIRONMENTAL ANALYSIS
AND COORDINATION REQUIRE-
MENTS.—Section 47128 is amended by adding at the end the fol-
lowing: 
‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDINATION REQUIRE-
MENTS.—A Federal agency, other than the Federal Aviation 
Administration, that is responsible for issuing an approval, license, 
or permit to ensure compliance with a Federal environmental 
requirement applicable to a project or activity to be carried out 
by a State using amounts from a block grant made under this 
section shall— 
‘‘(1) coordinate and consult with the State; 
‘‘(2) use the environmental analysis prepared by the State 
for the project or activity if such analysis is adequate; and 
‘‘(3) as necessary, consult with the State to describe the 
supplemental analysis the State must provide to meet 
applicable Federal requirements.’’. 
SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS. 
Section 47173(a) is amended by striking ‘‘services of consultants 
in order to’’ and all that follows through the period at the end 
and inserting ‘‘services of consultants— 
‘‘(1) to facilitate the timely processing, review, and comple-
tion of environmental activities associated with an airport 
development project; 
‘‘(2) to conduct special environmental studies related to 
an airport project funded with Federal funds;
H. R. 658—94 
‘‘(3) to conduct special studies or reviews to support 
approved noise compatibility measures described in part 150 
of title 14, Code of Federal Regulations; 
‘‘(4) to conduct special studies or reviews to support 
environmental mitigation in a record of decision or finding 
of no significant impact by the Federal Aviation Administration; 
and 
‘‘(5) to facilitate the timely processing, review, and comple-
tion of environmental activities associated with new or amended 
flight procedures, including performance-based navigation 
procedures, such as required navigation performance proce-
dures and area navigation procedures.’’. 
SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCE-
DURES. 
Section 47504 is amended by adding at the end the following: 
‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCEDURES.— 
‘‘(1) IN GENERAL.—In accordance with subsection (c)(1), the 
Secretary may make a grant to an airport operator to assist 
in completing environmental review and assessment activities 
for proposals to implement flight procedures at such airport 
that have been approved as part of an airport noise compat-
ibility program under subsection (b). 
‘‘(2) ADDITIONAL
STAFF.—The Administrator may accept 
funds from an airport operator, including funds provided to 
the operator under paragraph (1), to hire additional staff or 
obtain the services of consultants in order to facilitate the 
timely processing, review, and completion of environmental 
activities associated with proposals to implement flight proce-
dures at such airport that have been approved as part of 
an airport noise compatibility program under subsection (b). 
‘‘(3) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Not-
withstanding section 3302 of title 31, any funds accepted under 
this section— 
‘‘(A) shall be credited as offsetting collections to the 
account that finances the activities and services for which 
the funds are accepted; 
‘‘(B) shall be available for expenditure only to pay 
the costs of activities and services for which the funds 
are accepted; and 
‘‘(C) shall remain available until expended.’’. 
SEC. 505. DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL 
PROPERTIES. 
Section 47504 (as amended by this Act) is further amended 
by adding at the end the following: 
‘‘(f) DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL 
PROPERTIES.—In approving a project to acquire residential real 
property using financial assistance made available under this sec-
tion or chapter 471, the Secretary shall ensure that the appraisal 
of the property to be acquired disregards any decrease or increase 
in the fair market value of the real property caused by the project 
for which the property is to be acquired, or by the likelihood 
that the property would be acquired for the project, other than 
that due to physical deterioration within the reasonable control 
of the owner.’’.
H. R. 658—95 
SEC. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 
75,000 POUNDS OR LESS NOT COMPLYING WITH STAGE 3 
NOISE LEVELS. 
(a) IN GENERAL.—Subchapter II of chapter 475 is amended 
by adding at the end the following: 
‘‘§ 47534. Prohibition on operating certain aircraft weighing 
75,000 pounds or less not complying with stage 
3 noise levels 
‘‘(a) PROHIBITION.—Except as otherwise provided by this section, 
after December 31, 2015, a person may not operate a civil subsonic 
jet airplane with a maximum weight of 75,000 pounds or less, 
and for which an airworthiness certificate (other than an experi-
mental certificate) has been issued, to or from an airport in the 
United States unless the Secretary of Transportation finds that 
the aircraft complies with stage 3 noise levels. 
‘‘(b) AIRCRAFT OPERATIONS OUTSIDE 48 CONTIGUOUS STATES.— 
Subsection (a) shall not apply to aircraft operated only outside 
the 48 contiguous States. 
‘‘(c) TEMPORARY OPERATIONS.—The Secretary may allow tem-
porary operation of an aircraft otherwise prohibited from operation 
under subsection (a) to or from an airport in the contiguous United 
States by granting a special flight authorization for one or more 
of the following circumstances: 
‘‘(1) To sell, lease, or use the aircraft outside the 48 contig-
uous States. 
‘‘(2) To scrap the aircraft. 
‘‘(3) To obtain modifications to the aircraft to meet stage 
3 noise levels. 
‘‘(4) To perform scheduled heavy maintenance or significant 
modifications on the aircraft at a maintenance facility located 
in the contiguous 48 States. 
‘‘(5) To deliver the aircraft to an operator leasing the air-
craft from the owner or return the aircraft to the lessor. 
‘‘(6) To prepare, park, or store the aircraft in anticipation 
of any of the activities described in paragraphs (1) through 
(5). 
‘‘(7) To provide transport of persons and goods in the relief 
of an emergency situation. 
‘‘(8) To divert the aircraft to an alternative airport in the 
48 contiguous States on account of weather, mechanical, fuel, 
air traffic control, or other safety reasons while conducting 
a flight in order to perform any of the activities described 
in paragraphs (1) through (7). 
‘‘(d) REGULATIONS.—The Secretary may prescribe such regula-
tions or other guidance as may be necessary for the implementation 
of this section. 
‘‘(e) STATUTORY CONSTRUCTION.— 
‘‘(1) AIP GRANT
ASSURANCES.—Noncompliance with sub-
section (a) shall not be construed as a violation of section 
47107 or any regulations prescribed thereunder. 
‘‘(2) PENDING APPLICATIONS.—Nothing in this section may 
be construed as interfering with, nullifying, or otherwise 
affecting determinations made by the Federal Aviation 
Administration, or to be made by the Administration, with 
respect to applications under part 161 of title 14, Code of
H. R. 658—96 
Federal Regulations, that were pending on the date of enact-
ment of this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) PENALTIES.—Section 47531 is amended— 
(A) in the section heading by striking ‘‘for violating 
sections 47528–47530’’; and 
(B) by striking ‘‘47529, or 47530’’ and inserting ‘‘47529, 
47530, or 47534’’. 
(2) JUDICIAL
REVIEW.—Section 47532 is amended by 
inserting ‘‘or 47534’’ after ‘‘47528–47531’’. 
(3) ANALYSIS.—The analysis for subchapter II of chapter 
475 is amended— 
(A) by striking the item relating to section 47531 and 
inserting the following: 
‘‘47531. Penalties.’’; 
and 
(B) by adding at the end the following: 
‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not 
complying with stage 3 noise levels.’’. 
SEC. 507. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PRO-
GRAM. 
(a) IN GENERAL.—The Secretary of Transportation shall carry 
out a pilot program at not more than 5 public-use airports under 
which the Federal Aviation Administration shall use funds made 
available under section 48101(a) to test air traffic flow management 
tools, methodologies, and procedures that will allow air traffic 
controllers of the Administration to better manage the flow of 
aircraft on the ground and reduce the length of ground holds 
and idling time for aircraft. 
(b) SELECTION CRITERIA.—In selecting from among airports at 
which to conduct the pilot program, the Secretary shall give priority 
consideration to airports at which improvements in ground control 
efficiencies are likely to achieve the greatest fuel savings or air 
quality or other environmental benefits, as measured by the amount 
of reduced fuel, reduced emissions, or other environmental benefits 
per dollar of funds expended under the pilot program. 
(c) MAXIMUM AMOUNT.—Not more than a total of $2,500,000 
may be expended under the pilot program at any single public- 
use airport. 
SEC. 508. HIGH PERFORMANCE, SUSTAINABLE, AND COST-EFFECTIVE 
AIR TRAFFIC CONTROL FACILITIES. 
The Administrator of the Federal Aviation Administration may 
implement, to the extent practicable, sustainable practices for the 
incorporation of energy-efficient design, equipment, systems, and 
other measures in the construction and major renovation of air 
traffic control facilities of the Administration in order to reduce 
energy consumption at, improve the environmental performance 
of, and reduce the cost of maintenance for such facilities. 
SEC. 509. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the European Union directive extending the European 
Union’s emissions trading proposal to international civil avia-
tion without working through the International Civil Aviation 
Organization (in this section referred to as the ‘‘ICAO’’) in
H. R. 658—97 
a consensus-based fashion is inconsistent with the Convention 
on International Civil Aviation, completed in Chicago on 
December 7, 1944 (TIAS 1591; commonly known as the ‘‘Chicago 
Convention’’), and other relevant air services agreements and 
antithetical to building international cooperation to address 
effectively the problem of greenhouse gas emissions by aircraft 
engaged in international civil aviation; 
(2) the European Union and its member states should 
instead work with other contracting states of ICAO to develop 
a consensual approach to addressing aircraft greenhouse gas 
emissions through ICAO; and 
(3) officials of the United States Government, and particu-
larly the Secretary of Transportation and the Administrator 
of the Federal Aviation Administration, should use all political, 
diplomatic, and legal tools at the disposal of the United States 
to ensure that the European Union’s emissions trading scheme 
is not applied to aircraft registered by the United States or 
the operators of those aircraft, including the mandates that 
United States carriers provide emissions data to and purchase 
emissions allowances from or surrender emissions allowances 
to the European Union Member States. 
SEC. 510. AVIATION NOISE COMPLAINTS. 
Not later than 90 days after the date of enactment of this 
Act, each owner or operator of a large hub airport (as defined 
in section 40102(a) of title 49, United States Code) shall publish 
on an Internet Web site of the airport a telephone number to 
receive aviation noise complaints related to the airport. 
SEC. 511. PILOT PROGRAM FOR ZERO-EMISSION AIRPORT VEHICLES. 
(a) IN GENERAL.—Chapter 471 is amended by inserting after 
section 47136 the following: 
‘‘§ 47136a. Zero-emission airport vehicles and infrastructure 
‘‘(a) IN GENERAL.—The Secretary of Transportation may estab-
lish a pilot program under which the sponsor of a public-use airport 
may use funds made available under section 47117 or section 48103 
for use at such airport to carry out activities associated with the 
acquisition and operation of zero-emission vehicles (as defined in 
section 88.102–94 of title 40, Code of Federal Regulations), including 
the construction or modification of infrastructure to facilitate the 
delivery of fuel and services necessary for the use of such vehicles. 
‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT AREAS.— 
‘‘(1) IN GENERAL.—A public-use airport may be eligible for 
participation in the program only if the airport is located in 
a nonattainment area (as defined in section 171 of the Clean 
Air Act (42 U.S.C. 7501)). 
‘‘(2) SHORTAGE OF APPLICANTS.—If the Secretary receives 
an insufficient number of applications from public-use airports 
located in such areas, the Secretary may permit public-use 
airports that are not located in such areas to participate in 
the program. 
‘‘(c) SELECTION CRITERIA.—In selecting from among applicants 
for participation in the program, the Secretary shall give priority 
consideration to applicants that will achieve the greatest air quality 
benefits measured by the amount of emissions reduced per dollar 
of funds expended under the program.