H. R. 3539—72
Committee on Transportation and Infrastructure of the House of
Representatives.
(d) DEFINITIONS.—For purposes of this section, the following
definitions apply:
(1) ADJUSTED
AIR
FARE.—The term ‘‘adjusted air fare’’
means an actual air fare that is adjusted for distance traveled
by a passenger.
(2) AIR CARRIER.—The term ‘‘air carrier’’ is defined in sec-
tion 40102(a)(2) of title 49, United States Code.
(3) AIRPORT.—The term ‘‘airport’’ is defined in section
40102(9) of such title.
(4) COMMERCIAL AIR CARRIER.—The term ‘‘commercial air
carrier’’ means an air carrier that provides air transportation
for commercial purposes (as determined by the Secretary).
(5) HUB AIRPORT.—The term ‘‘hub airport’’ is defined in
section 41731(a)(2) of such title.
(6) LARGE
HUB
AIRPORT.—The term ‘‘large hub airport’’
shall be defined by the Secretary but the definition may not
include a small hub airport, as that term is defined in section
41731(a)(5) of such title.
(7) MAJOR AIR CARRIER.—The term ‘‘major air carrier’’ shall
be defined by the Secretary.
(8) NONHUB
AIRPORT.—The term ‘‘nonhub airport’’ is
defined in section 41731(a)(4) of such title.
(9) REGIONAL COMMUTER AIR CARRIER.—The term ‘‘regional
commuter air carrier’’ shall be defined by the Secretary.
SEC. 1214. CARRIAGE OF CANDIDATES IN STATE AND LOCAL
ELECTIONS.
The Administrator of the Federal Aviation Administration shall
revise section 91.321 of the Administration’s regulations (14 C.F.R.
91.321), relating to the carriage of candidates in Federal elections,
to make the same or similar rules applicable to the carriage of
candidates for election to public office in State and local government
elections.
SEC. 1215. SPECIAL FLIGHT RULES IN THE VICINITY OF GRAND
CANYON NATIONAL PARK.
The Secretary of Transportation, acting through the Adminis-
trator of the Federal Aviation Administration, shall take such action
as may be necessary to provide 45 additional days for comment
by interested persons on the special flight rules in the vicinity
of Grand Canyon National Park and the Draft Environmental
Assessment described in the notice of proposed rulemaking issued
on July 31, 1996, at 61 Fed. Reg. 40120 et seq.
SEC. 1216. TRANSFER OF AIR TRAFFIC CONTROL TOWER; CLOSING
OF FLIGHT SERVICE STATIONS.
(a) HICKORY, NORTH CAROLINA TOWER.—
(1) TRANSFER.—The Administrator of the Federal Aviation
Administration may transfer any title, right, or interest the
United States has in the air traffic control tower located at
the Hickory Regional Airport to the City of Hickory, North
Carolina, for the purpose of enabling the city to provide air
traffic control services to operators of aircraft.
(2) STUDY.—The Administrator shall conduct a study to
determine whether the number of operations at Hickory
Regional Airport meet the criteria for contract towers and shall
H. R. 3539—73
certify in writing to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Com-
merce and Infrastructure of the House of Representatives
whether that airport meets those criteria.
(b) NEW BERN-CRAVEN COUNTY STATION.—The Administrator
shall not close the New Bern-Craven County flight services station
or the Hickory Regional Airport flight service station unless the
Administrator certifies in writing to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
that such closure will not result in a degradation of air safety
and that it will reduce costs to taxpayers.
(c) PIERRE, SOUTH DAKOTA STATION.—The Administrator shall
not close the Pierre, South Dakota Regional Airport flight service
station unless following the 180th day after the date of the enact-
ment of this Act the Administrator certifies in writing to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives that such closure will not result in a
degradation of air safety, air service, or the loss of meteorological
services or data that cannot otherwise be obtained in a more cost-
effective manner, and that it will reduce costs to taxpayers.
SEC. 1217. LOCATION OF DOPPLER RADAR STATIONS, NEW YORK.
(a) STUDY.—The Administrator of the Federal Aviation
Administration shall conduct a study of the feasibility of construct-
ing 2 offshore platforms to serve as sites for the location of Doppler
radar stations for John F. Kennedy International Airport and
LaGuardia Airport in New York City, New York.
(b) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Administrator shall transmit to Congress
a report on the results of the study conducted under subsection
(a), including proposed locations for the offshore platforms. Such
locations shall be as far as possible from populated areas while
providing appropriate safety measures for John F. Kennedy Inter-
national Airport and LaGuardia Airport.
SEC. 1218. TRAIN WHISTLE REQUIREMENTS.
(a) IN GENERAL.—Section 20153 is amended by adding at the
end the following:
‘‘(i) REGULATIONS.—In issuing regulations under this section,
the Secretary—
‘‘(1) shall take into account the interest of communities
that—
‘‘(A) have in effect restrictions on the sounding of a
locomotive horn at highway-rail grade crossings; or
‘‘(B) have not been subject to the routine (as defined
by the Secretary) sounding of a locomotive horn at highway-
rail grade crossings;
‘‘(2) shall work in partnership with affected communities
to provide technical assistance and shall provide a reasonable
amount of time for local communities to install supplementary
safety measures, taking into account local safety initiatives
(such as public awareness initiatives and highway-rail grade
crossing traffic law enforcement programs) subject to such
terms and conditions as the Secretary deems necessary, to
protect public safety; and
H. R. 3539—74
‘‘(3) may waive (in whole or in part) any requirement
of this section (other than a requirement of this subsection
or subsection (j)) that the Secretary determines is not likely
to contribute significantly to public safety.
‘‘(j) EFFECTIVE DATE OF REGULATIONS.—Any regulations under
this section shall not take effect before the 365th day following
the date of publication of the final rule.’’.
SEC. 1219. INCREASED FEES.
(a) IN GENERAL.—Notwithstanding any other provision of law,
the Surface Transportation Board shall not increase fees for services
to be collected from small shippers in connection with rail maximum
rate complaints pursuant to part 1002 of title 49, Code of Federal
Regulations, Ex Parte No. 542.
(b) APPLICABILITY.—Subsection (a) shall no longer be effective
after September 30, 1998.
SEC. 1220. STRUCTURES INTERFERING WITH AIR COMMERCE.
(a) LANDFILLS.—Section 44718 is amended by adding at the
end the following:
‘‘(d) LANDFILLS.—For the purposes of enhancing aviation safety,
in a case in which 2 landfills have been proposed to be constructed
or established within 6 miles of a commercial service airport with
fewer than 50,000 enplanements per year, no person shall construct
or establish either landfill if an official of the Federal Aviation
Administration has stated in writing within the 3-year period end-
ing on the date of the enactment of this subsection that 1 of
the landfills would be incompatible with aircraft operations at the
airport, unless the landfill is already active on such date of
enactment or the airport operator agrees to the construction or
establishment of the landfill.’’.
(b) CIVIL PENALTIES.—Section 46301 is amended by inserting
‘‘44718(d),’’ after ‘‘44716,’’ in each of subsections (a)(1)(A), (d)(2),
and (f)(1)(A)(i).
SEC. 1221. HAWAII CARGO.
Notwithstanding any other provision of law, and for a period
that shall not extend beyond September 30, 1998, an air carrier
which commenced all-cargo turnaround service during November
1995 with Stage 2 aircraft with a maximum weight of more than
75,000 pounds may operate no more than one Stage 2 aircraft
in all-cargo turnaround service and may also maintain a second
such aircraft in reserve. The reserve aircraft may only be used
as a replacement aircraft when the first aircraft is not airworthy
or is unavailable due to closure of an airport at which the first
aircraft is located in the State of Hawaii.
SEC. 1222. LIMITATION ON AUTHORITY OF STATES TO REGULATE
GAMBLING DEVICES ON VESSELS.
Subsection (b)(2) of section 5 of the Act of January 2, 1951
(commonly referred to as the ‘‘Johnson Act’’) (64 Stat. 1135, chapter
1194; 15 U.S.C. 1175), is amended by adding at the end the
following:
‘‘(C) EXCLUSION OF CERTAIN VOYAGES AND SEGMENTS.—
Except for a voyage or segment of a voyage that occurs
within the boundaries of the State of Hawaii, a voyage
or segment of a voyage is not described in subparagraph
H. R. 3539—75
(B) if such voyage or segment includes or consists of a
segment—
‘‘(i) that begins and ends in the same State;
‘‘(ii) that is part of a voyage to another State
or to a foreign country; and
‘‘(iii) in which the vessel reaches the other State
or foreign country within 3 days after leaving the State
in which such segment begins.’’.
SEC. 1223. CLARIFYING AMENDMENT.
Section 1 of the Railway Labor Act (45 U.S.C. 151) is amended
by inserting ‘‘, any express company that would have been subject
to subtitle IV of title 49, United States Code, as of December
31, 1995,’’ after ‘‘Board’’ the first place it appears in the first
paragraph.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.