I 
117TH CONGRESS 
1ST SESSION 
H. R. 389 
To impose safety requirements on commercial air tour flights, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2021 
Mr. CASE (for himself, Mr. SIRES, Mr. NEGUSE, Mr. SHERMAN, Mr. NADLER, 
and Ms. NORTON) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To impose safety requirements on commercial air tour 
flights, and for other purposes. 
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 ‘‘Safe and Quiet Skies 
Act of 2021’’. 
SEC. 2. REQUIREMENTS FOR COMMERCIAL AIR TOUR 
FLIGHTS. 
(a) 
PROHIBITION
OF
OVERFLIGHTS.—Notwith-
standing any other provision of law, a commercial air tour 
may not operate within a half mile of the following: 
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(1) A military installation. 
(2) A national cemetery. 
(3) A unit of the National Wilderness Preserva-
tion System. 
(4) A unit of the National Park System. 
(5) A unit of the National Wildlife Refuge Sys-
tem. 
(b) USE
OF AUTOMATIC DEPENDENT SURVEIL-
LANCE-BROADCAST
(ADS–B) OUT
EQUIPMENT.—The 
Administrator of the Federal Aviation Administration 
shall revise section 91.227 of title 14, Code of Federal 
Regulations, to require the use of ADS–B Out (as such 
term is defined in such section) during the entire oper-
ation of a commercial air tour. 
(c) STERILE COCKPIT RULE.—The Administrator 
shall issue such regulations as are necessary to— 
(1) impose the requirements of section 121.542 
of title 14, Code of Federal Regulations, on a com-
mercial air tour and a pilot of a commercial air tour 
(including a commercial air tour that does not hold 
a certificate under part 121 of title 14, Code of Fed-
eral Regulations); 
(2) define tour-giving and providing an oral 
narration of the air tour as duties that are not re-
quired for the safe operation of the aircraft for a 
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commercial air tour (including a commercial air tour 
that does not hold a certificate under part 121 of 
title 14, Code of Federal Regulations); and 
(3) define a critical phase of flight for a com-
mercial air tour (including a commercial air tour 
that does not hold a certificate under part 121 of 
title 14, Code of Federal Regulations) to include all 
ground operations involving taxi, takeoff, and land-
ing, and all other flight operations regardless of alti-
tude of operation. 
(d) MINIMUM ALTITUDES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, a commercial air tour may not op-
erate at an altitude of less than 1,500 feet. 
(2) EXCEPTIONS.— 
(A) SAFE
HARBOR.—An operator of a 
commercial air tour may fly below the altitude 
described in paragraph (1) for reasons of safety 
if unpredictable circumstances occur. 
(B) FAA REQUIREMENTS.—The Adminis-
trator may permit an operator of a commercial 
air tour to operate below the altitude described 
in paragraph (1) for flight operations for take-
off and landing. 
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(3) RULE OF CONSTRUCTION.—If a reasonable 
individual would believe a commercial air tour could 
not safely fly at a minimum altitude of 1,500 feet 
for the duration of the flight given the conditions at 
takeoff, the safe harbor described in paragraph 
(2)(A) shall not apply. 
(e) OCCUPIED AREAS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, a commercial air tour may not op-
erate within half a mile of an occupied area unless 
the aircraft has noise suppression technology that 
brings noise to the lesser of— 
(A) a maximum level of 55 dbA as meas-
ured from such occupied area; and 
(B) a maximum level required in such oc-
cupied area by a requirement imposed pursuant 
to section 3(a) of this Act or section 40128(e) 
of title 49, United States Code. 
(2) REGULATIONS.—The Administrator shall 
revise subparts F and H of part 36 of title 14, Code 
of Federal Regulations, and related appendices, to 
reduce noise limits in accordance with paragraph 
(1). 
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SEC. 3. DELEGATED AUTHORITY TO STATE AND LOCAL 
REGULATORS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a State or locality may impose additional re-
quirements on commercial air tours (but may not waive 
any requirements described in this Act or in the amend-
ments made by this Act), including— 
(1) banning such tours; 
(2) imposing day and time flight restrictions; 
(3) regulating the total number of flights per 
day; 
(4) regulating route requirements over occupied 
areas; 
(5) prohibiting flights over State or local parks, 
ocean recreation, cemeteries, and other areas of 
State interest; and 
(6) requiring commercial air tours to operate at 
lower decibels for purposes of noise requirements. 
(b) FAA EXCEPTIONS.—The Administrator may in-
validate a requirement imposed pursuant to subsection (a) 
if required for flight operations for takeoff and landing. 
SEC. 4. PUBLIC ENGAGEMENT THROUGHOUT FEDERAL 
AND STATE REGULATORY PROCESS. 
During the promulgation of any regulation required 
by this Act or the drafting and update of the Air Tours 
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(6) by redesignating paragraph (4) of sub-
section (a) as paragraph (3); 
(7) by striking subsection (a)(5); 
(8) in subsection (b)(1)(A)— 
(A) by striking ‘‘over the park’’ and insert-
ing ‘‘over the lands’’; and 
(B) by striking ‘‘paragraph (4)’’ and in-
serting ‘‘paragraph (3)’’; 
(9) by striking subsection (b)(1)(C); 
(10) by striking subsection (b)(3); 
(11) by redesignating paragraphs (4) through 
(6) of subsection (b) as paragraphs (3) through (5), 
respectively; 
(12) by striking subsection (b)(7); 
(13) by striking subsection (c)(2)(B); 
(14) 
by 
redesignating 
subparagraphs 
(C) 
through (I) of subsection (c)(2) as subparagraphs 
(B) through (H), respectively; 
(15) in subsection (c)(3)(B), by striking ‘‘at 
the’’ in each place in which it appears; 
(16) in subsection (d)(1)— 
(A) by striking ‘‘over a national park 
under interim operating authority granted 
under subsection (c) or’’; and 
(B) by striking ‘‘or voluntary agreement’’; 
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(17) by striking subsection (e); 
(18) by striking subsection (f) and inserting the 
following: 
‘‘(e) TRIBAL AUTHORITY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, a tribal entity may impose addi-
tional requirements on commercial air tours (but 
may not waive any requirements described in the 
Safe and Quiet Skies Act of 2021 or in the amend-
ments made by the Safe and Quiet Skies Act of 
2021), including— 
‘‘(A) banning such tours; 
‘‘(B) imposing day and time flight restric-
tions; 
‘‘(C) regulating the total number of flights 
per day; 
‘‘(D) regulating route requirements over 
occupied areas; 
‘‘(E) prohibiting flights over tribal parks, 
ocean recreation, cemeteries, and other areas of 
tribal interest; and 
‘‘(F) requiring commercial air tours to op-
erate at lower decibels for purposes of noise re-
quirements. 
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‘‘(2) FAA EXCEPTIONS.—The Administrator of 
the Federal Aviation Administration may invalidate 
a regulation imposed pursuant to paragraph (1) if 
required for flight operations for takeoff and land-
ing. 
‘‘(3) TRIBAL ENTITY.—In this subsection, the 
term ‘tribal entity’ means— 
‘‘(A) a tribal organization (as such term is 
defined in section 4 of the Indian Self-Deter-
mination and Education Assistance Act of 1975 
(25 U.S.C. 5304)); 
‘‘(B) a tribally designated housing entity 
(as such term is defined in section 4 of the Na-
tive American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4103)); or 
‘‘(C) an Indian-owned business or a tribal 
enterprise (as such terms are defined in section 
3 of the Native American Business Develop-
ment, Trade Promotion, and Tourism Act of 
2000 (25 U.S.C. 4302)).’’; 
(19) in subsection (g)(1), by striking ‘‘over a 
national park’’ and inserting ‘‘over tribal lands’’; 
(20) in subsection (g)(2), by striking ‘‘over a 
national park’’ and inserting ‘‘over tribal lands’’; 
(21) by striking subsection (g)(4); 
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(22) by redesignating paragraphs (5) through 
(8) of subsection (g) as paragraphs (4) through (7), 
respectively; and 
(23) by redesignating subsection (g) as sub-
section (f). 
SEC. 7. NTSB RECOMMENDATIONS. 
(a) IN GENERAL.—The Administrator shall imple-
ment all recommendations concerning operators under 
part 135 of title 14, Code of Federal Regulations, that— 
(1) were issued by the National Transportation 
Safety Board; and 
(2) are considered by the Board to be open un-
acceptable response. 
(b) PART 135 REGULATION.—The Administrator— 
(1) shall require all commercial air tours to op-
erate pursuant to part 135 of title 14, Code of Fed-
eral Regulations; and 
(2) may not permit a commercial air tour to op-
erate pursuant to part 91 of title 14, Code of Fed-
eral Regulations. 
SEC. 8. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
Aviation Administration. 
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(2) ALTITUDE.—The term ‘‘altitude’’ means 
the distance above ground level between an aircraft 
and the highest obstacle that is within 2 miles of the 
location over which such aircraft is flying at any 
time. 
(3) COMMERCIAL AIR TOUR.—The term ‘‘com-
mercial air tour’’ means any flight conducted for 
compensation or hire in a powered aircraft where a 
purpose of the flight is sightseeing or intentional 
parachuting. If the operator of a flight asserts that 
the flight is not a commercial air tour, factors that 
can be considered by the Administrator in making a 
determination of whether the flight is a commercial 
air tour include— 
(A) whether there was a holding out to the 
public of willingness to conduct a sightseeing or 
intentional parachuting flight for compensation 
or hire; 
(B) whether a narrative was provided that 
referred to areas or points of interest on the 
surface; 
(C) the area of operation; 
(D) the frequency of flights; 
(E) the route of flight; 
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(F) the inclusion of sightseeing or inten-
tional parachuting flights as part of any travel 
arrangement package; or 
(G) whether the flight in question would or 
would not have been canceled based on poor vis-
ibility of the surface. 
(4) dbA.—The term ‘‘dbA’’ means the A- 
weighted sound level or unit of measurement de-
scribing the total sound level of all noises as meas-
ured with a sound level meter using the A weighting 
network. 
(5) OCCUPIED
AREA.—The term ‘‘occupied 
area’’ means land area that is used by people, in-
cluding residential areas, commercial areas, and rec-
reational areas. 
Æ 
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