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vided for denied boarding compensation and issue a regu-
lation to adjust such compensation as necessary. 
SEC. 422. COMPENSATION FOR DELAYED BAGGAGE. 
(a) STUDY.—The Comptroller General shall conduct 
a study to— 
(1) examine delays in the delivery of checked 
baggage to passengers of air carriers; and 
(2) make recommendations for establishing 
minimum standards to compensate a passenger in 
the case of an unreasonable delay in the delivery of 
checked baggage. 
(b) CONSIDERATION.—In conducting the study, the 
Comptroller General shall take into account the additional 
fees for checked baggage that are imposed by many air 
carriers and how the additional fees should improve an 
air carrier’s baggage performance. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Comptroller General shall 
transmit to Congress a report on the results of the study. 
SEC. 423. SCHEDULE REDUCTION. 
(a) IN GENERAL.—If the Administrator of the Fed-
eral Aviation Administration determines that: (1) the air-
craft operations of air carriers during any hour at an air-
port exceeds the hourly maximum departure and arrival 
rate established by the Administrator for such operations; 
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and (2) the operations in excess of the maximum depar-
ture and arrival rate for such hour at such airport are 
likely to have a significant adverse effect on the national 
or regional airspace system, the Administrator shall con-
vene a conference of such carriers to reduce pursuant to 
section 41722, on a voluntary basis, the number of such 
operations to less than such maximum departure and ar-
rival rate. 
(b) NO AGREEMENT.—If the air carriers partici-
pating in a conference with respect to an airport under 
subsection (a) are not able to agree to a reduction in the 
number of flights to and from the airport to less than the 
maximum departure and arrival rate, the Administrator 
shall take such action as is necessary to ensure such re-
duction is implemented. 
(c) QUARTERLY REPORTS.—Beginning 3 months 
after the date of enactment of this Act and every 3 months 
thereafter, the Administrator shall submit to Congress a 
report regarding scheduling at the 35 airports that have 
the greatest number of passenger enplanements, including 
each occurrence in which hourly scheduled aircraft oper-
ations of air carriers at such an airport exceed the hourly 
maximum departure and arrival rate at any such airport. 
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SEC. 424. EXPANSION OF DOT AIRLINE CONSUMER COM-
PLAINT INVESTIGATIONS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary of Transportation shall inves-
tigate consumer complaints regarding— 
(1) flight cancellations; 
(2) compliance with Federal regulations con-
cerning overbooking seats on flights; 
(3) lost, damaged, or delayed baggage, and dif-
ficulties with related airline claims procedures; 
(4) problems in obtaining refunds for unused or 
lost tickets or fare adjustments; 
(5) incorrect or incomplete information about 
fares, discount fare conditions and availability, over-
charges, and fare increases; 
(6) the rights of passengers who hold frequent 
flier miles or equivalent redeemable awards earned 
through customer-loyalty programs; and 
(7) deceptive or misleading advertising. 
(b) BUDGET NEEDS REPORT.—The Secretary shall 
provide, as an annex to its annual budget request, an esti-
mate of resources which would have been sufficient to in-
vestigate all such claims the Department of Transpor-
tation received in the previous fiscal year. The annex shall 
be transmitted to Congress when the President submits 
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the budget of the United States to the Congress under 
section 1105 of title 31, United States Code. 
SEC. 425. PROHIBITIONS AGAINST VOICE COMMUNICA-
TIONS USING MOBILE COMMUNICATIONS DE-
VICES ON SCHEDULED FLIGHTS. 
(a) IN GENERAL.—Subchapter I of chapter 417 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 41724. Prohibitions against voice communications 
using mobile communications devices on 
scheduled flights 
‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPOR-
TATION.— 
‘‘(1) IN GENERAL.—An individual may not en-
gage in voice communications using a mobile com-
munications device in an aircraft during a flight in 
scheduled passenger interstate air transportation or 
scheduled passenger intrastate air transportation. 
‘‘(2) EXCEPTIONS.—The prohibition described 
in paragraph (1) shall not apply to— 
‘‘(A) a member of the flight crew or flight 
attendants on an aircraft; or 
‘‘(B) a Federal law enforcement officer 
acting in an official capacity. 
‘‘(b) FOREIGN AIR TRANSPORTATION.— 
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‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall require all air carriers and foreign air 
carriers to adopt the prohibition described in sub-
section (a) with respect to the operation of an air-
craft in scheduled passenger foreign air transpor-
tation. 
‘‘(2) ALTERNATE PROHIBITION.—If a foreign 
government objects to the application of paragraph 
(1) on the basis that paragraph (1) provides for an 
extraterritorial application of the laws of the United 
States, the Secretary may waive the application of 
paragraph (1) to a foreign air carrier licensed by 
that foreign government until such time as an alter-
native prohibition on voice communications using a 
mobile communications device during flight is nego-
tiated by the Secretary with such foreign govern-
ment through bilateral negotiations. 
‘‘(c) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) FLIGHT.—The term ‘flight’ means the pe-
riod beginning when an aircraft takes off and ending 
when an aircraft lands. 
‘‘(2) VOICE COMMUNICATIONS USING A MOBILE 
COMMUNICATIONS DEVICE.— 
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‘‘(A) INCLUSIONS.—The term ‘voice com-
munications using a mobile communications de-
vice’ includes voice communications using— 
‘‘(i) a commercial mobile radio service 
or other wireless communications device; 
‘‘(ii) a broadband wireless device or 
other wireless device that transmits data 
packets using the Internet Protocol or 
comparable technical standard; or 
‘‘(iii) a device having voice override 
capability. 
‘‘(B) EXCLUSION.—Such term does not in-
clude voice communications using a phone in-
stalled on an aircraft. 
‘‘(d) SAFETY REGULATIONS.—This section shall not 
be construed to affect the authority of the Secretary to 
impose limitations on voice communications using a mobile 
communications device for safety reasons. 
‘‘(e) REGULATIONS.—The Secretary shall prescribe 
such regulations as are necessary to carry out this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
‘‘41724. Prohibitions against voice communications using mobile communica-
tions devices on scheduled flights.’’. 
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connection with international alliances should be 
treated as mergers, and therefore be exclusively sub-
ject to a traditional merger analysis by the Attorney 
General and be subject to advance notification re-
quirements and a confidential review process similar 
to those required under section 7A of the Clayton 
Act (15 U.S.C. 18a). 
(9) Whether the Secretary should amend, mod-
ify, or revoke any exemption from the antitrust laws 
granted by the Secretary in connection with an 
international alliance. 
(10) The effect of international alliances on the 
number and quality of jobs for United States air 
carrier flight crew employees, including the share of 
alliance flying done by those employees. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Comptroller General shall 
submit to the Secretary of Transportation, the Committee 
on Transportation and Infrastructure of the House of 
Representatives, and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the study under subsection (a), including any 
recommendations of the Comptroller General as to wheth-
er there should be changes in the authority of the Sec-
retary under title 49, United States Code, or policy 
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changes that the Secretary can implement administra-
tively, with respect to approving international alliances 
and granting exemptions from the antitrust laws in con-
nection with such international alliances. 
(d) 
ADOPTION
OF
RECOMMENDED
POLICY 
CHANGES.—Not later than one year after the date of re-
ceipt of the report under subsection (c), and after pro-
viding notice and an opportunity for public comment, the 
Secretary shall issue a written determination as to wheth-
er the Secretary will adopt the policy changes, if any, rec-
ommended by the Comptroller General in the report or 
make any other policy changes with respect to approving 
international alliances and granting exemptions from the 
antitrust laws in connection with such international alli-
ances. 
(e) SUNSET PROVISION.— 
(1) IN GENERAL.—An exemption from the anti-
trust laws granted by the Secretary on or before the 
last day of the 3-year period beginning on the date 
of enactment of this Act in connection with an inter-
national alliance, including an exemption granted be-
fore the date of enactment of this Act, shall cease 
to be effective after such last day unless the exemp-
tion is renewed by the Secretary. 
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(2) TIMING
FOR
RENEWALS.—The Secretary 
may not renew an exemption under paragraph (1) 
before the date on which the Secretary issues a writ-
ten determination under subsection (d). 
(3) STANDARDS
FOR
RENEWALS.—The Sec-
retary shall make a decision on whether to renew an 
exemption under paragraph (1) based on the policies 
of the Department in effect after the Secretary 
issues a written determination under subsection (d). 
(f) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) 
EXEMPTION
FROM
THE
ANTITRUST 
LAWS.—The term ‘‘exemption from the antitrust 
laws’’ means an exemption from the antitrust laws 
granted by the Secretary under section 41308 of 
title 49, United States Code. 
(2) IMMUNIZED INTERNATIONAL ALLIANCE.— 
The term ‘‘immunized international alliance’’ means 
an international alliance for which the Secretary has 
granted an exemption from the antitrust laws. 
(3) INTERNATIONAL
ALLIANCE.—The term 
‘‘international alliance’’ means a cooperative agree-
ment between an air carrier and a foreign air carrier 
to provide foreign air transportation subject to ap-
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proval or disapproval by the Secretary under section 
41309 of title 49, United States Code. 
(4) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Transportation. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 427. MUSICAL INSTRUMENTS. 
(a) IN GENERAL.—Subchapter I of chapter 417 (as 
amended by this Act) is further amended by adding at 
the end the following: 
‘‘§ 41725. Musical instruments 
‘‘(a) IN GENERAL.— 
‘‘(1) INSTRUMENTS IN THE PASSENGER COM-
PARTMENT.—An air carrier providing air transpor-
tation shall permit a passenger to carry a musical 
instrument in the aircraft passenger compartment in 
a closet, baggage, or cargo stowage compartment ap-
proved by the Administrator without charge if— 
‘‘(A) the instrument can be stowed in ac-
cordance with the requirements for carriage of 
carry-on baggage or cargo set forth by the Ad-
ministrator of the Federal Aviation Administra-
tion; and 
‘‘(B) there is space for such stowage on 
the aircraft. 
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‘‘(2) LARGE INSTRUMENTS IN THE PASSENGER 
COMPARTMENT.—An air carrier providing air trans-
portation shall permit a passenger to carry a musi-
cal instrument in the aircraft passenger compart-
ment that is too large to be secured in a closet, bag-
gage, or cargo stowage compartment approved by 
the Administrator, if— 
‘‘(A) the instrument can be stowed in a 
seat, in accordance with the requirements for 
carriage of carry-on baggage or cargo set forth 
by the Administrator for such stowage; and 
‘‘(B) the passenger wishing to carry the in-
strument in the aircraft cabin has purchased a 
seat to accommodate the instrument. 
‘‘(3) INSTRUMENTS AS CHECKED BAGGAGE.— 
An air carrier shall transport as baggage a musical 
instrument that is the property of a passenger on a 
flight and that may not be carried in the aircraft 
passenger compartment if— 
‘‘(A) the sum of the length, width, and 
height measured in inches of the outside linear 
dimensions of the instrument (including the 
case) does not exceed 150 inches and the size 
restrictions for that aircraft; 
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‘‘(B) the weight of the instrument does not 
exceed 165 pounds and the weight restrictions 
for that aircraft; and 
‘‘(C) the instrument can be stowed in ac-
cordance with the requirements for carriage of 
baggage or cargo set forth by the Administrator 
for such stowage. 
‘‘(4) AIR
CARRIER
TERMS.—Nothing in this 
section shall be construed as prohibiting an air car-
rier from limiting its liability for carrying a musical 
instrument or requiring a passenger to purchase in-
surance to cover the value of a musical instrument 
transported by the air carrier. 
‘‘(b) REGULATIONS.—The Secretary may prescribe 
such regulations as may be necessary or appropriate to 
implement subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
‘‘41725. Musical instruments.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 30 days after the date of en-
actment of this Act. 
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‘‘(C) LIST OF PARKS.—The Director shall 
inform the Administrator, in writing, of each 
determination under subparagraph (B). The Di-
rector and Administrator shall publish an an-
nual list of national parks that are covered by 
the exemption provided by this paragraph. 
‘‘(D) ANNUAL REPORT.—A commercial air 
tour operator conducting commercial air tours 
in a national park that is exempt from the re-
quirements of this section shall submit to the 
Administrator and the Director an annual re-
port regarding the number of commercial air 
tour flights it conducts each year in such 
park.’’; 
(3) in subsection (b) 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 applicant and an oper-
ator that has interim operating authority) that 
has applied to conduct air tour operations over 
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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 operations over a national 
park shall address the management issues nec-
essary 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 vol-
untary agreement; and 
‘‘(iii) provide for fees for such oper-
ations. 
‘‘(C) PUBLIC.—The Director and the Ad-
ministrator shall provide an opportunity for 
public review of a proposed voluntary agree-
ment under this paragraph and shall consult 
with any Indian tribe whose tribal lands are, or 
may be, flown over by a commercial air tour op-
erator under a voluntary agreement under this 
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paragraph. After such opportunity for public re-
view and consultation, the voluntary agreement 
may be implemented without further adminis-
trative or environmental process beyond that 
described in this subsection. 
‘‘(D) TERMINATION.—A voluntary agree-
ment under this paragraph may be terminated 
at any time at the discretion of the Director or 
the Administrator if the Director determines 
that the agreement is not adequately protecting 
park resources or visitor experiences or the Ad-
ministrator determines that the agreement is 
adversely affecting aviation safety or the na-
tional aviation system. If a voluntary agreement 
for a national park is terminated, 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.’’; 
(4) in subsection (c) by striking paragraph 
(2)(I) and inserting the following: 
‘‘(I) may allow for modifications of the in-
terim operating authority without further envi-
ronmental review beyond that described in this 
section if— 
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‘‘(i) adequate information regarding 
the operator’s existing and proposed oper-
ations under the interim operating author-
ity is provided to the Administrator 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 Director’s pro-
fessional expertise regarding the protection 
of the park resources and values and vis-
itor use and enjoyment.’’; 
(5) in subsection (c)(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 oper-
ator’s proposed operations 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 avia-
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tion safety or the air traffic control sys-
tem; and 
‘‘(iii) the Director agrees, based on 
the Director’s professional expertise re-
garding the protection of park resources 
and values and visitor use and enjoy-
ment.’’; 
(6) by redesignating subsections (d), (e), and 
(f) as subsections (e), (f), and (g), respectively; and 
(7) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) COMMERCIAL
AIR
TOUR
OPERATOR
RE-
PORTS.— 
‘‘(1) REPORT.—Each commercial air tour oper-
ator providing a commercial air tour over a national 
park under interim operating authority granted 
under subsection (c) or in accordance with an air 
tour management plan under subsection (b) shall 
submit a report to the Administrator and Director 
regarding the number of its commercial air tour op-
erations over each national park and such other in-
formation as the Administrator and Director may 
request in order to facilitate administering the provi-
sions of this section. 
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‘‘(2) REPORT SUBMISSION.—Not later than 3 
months after the date of enactment of the FAA Re-
authorization Act of 2009, the Administrator and 
Director shall jointly issue an initial request for re-
ports under this subsection. The reports shall be 
submitted to the Administrator and Director on a 
frequency and in a format prescribed by the Admin-
istrator and 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 ‘‘regula-
tions’’ 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 
REQUIREMENTS.—Section 47128 is amended by adding at 
the end the following: 
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‘‘(d) ENVIRONMENTAL ANALYSIS
AND COORDINA-
TION REQUIREMENTS.—A Federal agency, other than the 
Federal Aviation Administration, that is responsible for 
issuing an approval, license, or permit to ensure compli-
ance 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) supplement such analysis, as necessary, to 
meet applicable Federal requirements.’’. 
SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR RE-
VIEWS. 
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 completion of environmental activities associated 
with an airport development project; 
‘‘(2) to conduct special environmental studies 
related to an airport project funded with Federal 
funds; 
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‘‘(3) to conduct special studies or reviews to 
support approved noise compatibility measures de-
scribed in part 150 of title 14, Code of Federal Reg-
ulations; or 
‘‘(4) to conduct special studies or reviews to 
support environmental mitigation in a record of deci-
sion or finding of no significant impact by the Fed-
eral Aviation Administration.’’. 
SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 
PROCEDURES. 
Section 47504 is amended by adding at the end the 
following: 
‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE-
DURES.— 
‘‘(1) IN
GENERAL.—In accordance with sub-
section (c)(1), the Secretary may make a grant to an 
airport operator to assist in completing environ-
mental review and assessment activities for pro-
posals to implement flight procedures at such airport 
that have been approved as part of an airport noise 
compatibility program under subsection (b). 
‘‘(2) ADDITIONAL STAFF.—The Administrator 
may accept funds from an airport operator, includ-
ing funds provided to the operator under paragraph 
(1), to hire additional staff or obtain the services of 
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consultants in order to facilitate the timely proc-
essing, review, and completion of environmental ac-
tivities associated with proposals to implement flight 
procedures at such airport that have been approved 
as part of an airport noise compatibility program 
under subsection (b). 
‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL-
LECTIONS.—Notwithstanding section 3302 of title 
31, any funds accepted under this section— 
‘‘(A) shall be credited as offsetting collec-
tions 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 ex-
pended.’’. 
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: 
‘‘(g) DETERMINATION OF FAIR MARKET VALUE OF 
RESIDENTIAL PROPERTIES.—In approving a project to 
acquire residential real property using financial assistance 
made available under this section or chapter 471, the Sec-
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retary 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 likeli-
hood that the property would be acquired for the project, 
other than that due to physical deterioration within the 
reasonable control of the owner.’’. 
SEC. 506. SOUNDPROOFING OF RESIDENCES. 
(a) SOUNDPROOFING AND ACQUISITION OF CERTAIN 
RESIDENTIAL
BUILDINGS
AND
PROPERTIES.—Section 
47504(c)(2)(D) is amended to read as follows: 
‘‘(D) to an airport operator and unit of local 
government referred to in paragraph (1)(A) or 
(1)(B) to soundproof— 
‘‘(i) a building in the noise impact area 
surrounding the airport that is used primarily 
for educational or medical purposes and that 
the Secretary decides is adversely affected by 
airport noise; and 
‘‘(ii) residential buildings located on resi-
dential properties in the noise impact area sur-
rounding the airport that the Secretary decides 
is adversely affected by airport noise, if— 
‘‘(I) the residential properties are 
within airport noise contours prepared by 
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the airport owner or operator using the 
Secretary’s methodology and guidance, and 
the noise contours have been found accept-
able by the Secretary; 
‘‘(II) the residential properties cannot 
be removed from airport noise contours for 
at least a 5-year period by changes in air-
port configuration or flight procedures; 
‘‘(III) the land use jurisdiction has 
taken, or will take, appropriate action, in-
cluding the adoption of zoning laws, to the 
extent reasonable to restrict the use of 
land to uses that are compatible with nor-
mal airport operations; and 
‘‘(IV) the Secretary determines that 
the project is compatible with the purposes 
of this chapter; and’’ 
(b) REQUIREMENTS
APPLICABLE
TO
CERTAIN 
GRANTS.—Section 44705 (as amended by this Act) is fur-
ther amended by adding at the end the following: 
‘‘(f) REQUIREMENTS
APPLICABLE
TO
CERTAIN 
GRANTS.— 
‘‘(1) ESTABLISHMENT
OF
CRITERIA.—Before 
awarding a grant under subsection (c)(2)(D), the 
Secretary shall establish criteria to determine which 
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