H. R. 1000—104
(2) in subsection (d)(7)(A) by striking ‘‘an individual’’ the
first place it appears and inserting ‘‘a person’’; and
(3) in subsection (g) by inserting ‘‘or the Administrator’’
after ‘‘Secretary’’.
SEC. 721. WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT.
(a) REPEAL.—Section 231 of H.R. 3425 of the 106th Congress,
as enacted into law by section 1000(a)(5) of Public Law 106–113,
is repealed and the provisions of law amended by such section
shall be read as if such section had not been enacted into law.
(b) EXEMPTION
FOR AIRCRAFT MODIFICATION
OR DISPOSAL,
SCHEDULED HEAVY MAINTENANCE, OR LEASING-RELATED FLIGHTS.—
Section 47528 is amended—
(1) in subsection (a) by striking ‘‘subsection (b)’’ and
inserting ‘‘subsection (b) or (f )’’;
(2) in subsection (e) by adding at the end the following:
‘‘(4) An air carrier operating stage 2 aircraft under this sub-
section may transport stage 2 aircraft to or from the 48 contiguous
States on a nonrevenue basis in order—
‘‘(A) to perform maintenance (including major alterations)
or preventative maintenance on aircraft operated, or to be
operated, within the limitations of paragraph (2)(B); or
‘‘(B) conduct operations within the limitations of paragraph
(2)(B).’’; and
(3) by adding at the end the following:
‘‘(f ) AIRCRAFT MODIFICATION, DISPOSAL, SCHEDULED HEAVY
MAINTENANCE, OR LEASING.—
‘‘(1) IN
GENERAL.—The Secretary shall permit a person
to operate after December 31, 1999, a stage 2 aircraft in nonrev-
enue service through the airspace of the United States or
to or from an airport in the contiguous 48 States in order
to—
‘‘(A) sell, lease, or use the aircraft outside the contig-
uous 48 States;
‘‘(B) scrap the aircraft;
‘‘(C) obtain modifications to the aircraft to meet stage
3 noise levels;
‘‘(D) perform scheduled heavy maintenance or signifi-
cant modifications on the aircraft at a maintenance facility
located in the contiguous 48 States;
‘‘(E) deliver the aircraft to an operator leasing the
aircraft from the owner or return the aircraft to the lessor;
‘‘(F) prepare or park or store the aircraft in anticipation
of any of the activities described in subparagraphs (A)
through (E); or
‘‘(G) divert the aircraft to an alternative airport in
the contiguous 48 States on account of weather, mechanical,
fuel, air traffic control, or other safety reasons while con-
ducting a flight in order to perform any of the activities
described in subparagraphs (A) through (F).
‘‘(2) PROCEDURE TO BE PUBLISHED.—Not later than 30
days after the date of the enactment of this subsection, the
Secretary shall establish and publish a procedure to implement
paragraph (1) through the use of categorical waivers, ferry
permits, or other means.
‘‘(g) STATUTORY CONSTRUCTION.—Nothing in this section may
be construed as interfering with, nullifying, or otherwise affecting
H. R. 1000—105
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 Federal Regulations, that were
pending on November 1, 1999.’’.
(c) NOISE STANDARDS FOR EXPERIMENTAL AIRCRAFT.—
(1) IN GENERAL.—Section 47528(a) is amended by inserting
‘‘(for which an airworthiness certificate other than an experi-
mental certificate has been issued by the Administrator)’’ after
‘‘civil subsonic turbojet’’.
(2) REGULATIONS.—Regulations contained in title 14, Code
of Federal Regulations, that implement section 47528 of title
49, United States Code, and related provisions shall be deemed
to incorporate the amendment made by paragraph (1) on the
date of the enactment of this Act.
(d) WAIVERS FOR AIRCRAFT NOT COMPLYING WITH STAGE 3
NOISE LEVELS.—Section 47528(b)(1) is amended—
(1) in the first sentence by inserting ‘‘or foreign air carrier’’
after ‘‘air carrier’’; and
(2) by inserting after ‘‘January 1, 1999,’’ the following:
‘‘or, in the case of a foreign air carrier, the 15th day following
the date of the enactment of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century’’.
SEC. 722. LAND USE COMPLIANCE REPORT.
Section 47131 is amended—
(1) by inserting ‘‘(a) GENERAL RULE.—’’ before ‘‘Not later’’;
(2) by striking ‘‘and’’ at the end of paragraph (3);
(3) by striking the period at the end of paragraph (4)
and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(5) a detailed statement listing airports that the Secretary
believes are not in compliance with grant assurances or other
requirements with respect to airport lands and including the
circumstances of such noncompliance, the timelines for correc-
tive action, and the corrective action the Secretary intends
to take to bring the airport sponsor into compliance.
‘‘(b) SPECIAL RULE FOR LISTING NONCOMPLIANT AIRPORTS.—
The Secretary does not have to conduct an audit or make a final
determination before including an airport on the list referred to
in subsection (a)(5).’’.
SEC. 723. CHARTER AIRLINES.
Section 41104 is amended—
(1) by redesignating subsections (b) and (c) as (c) and
(d), respectively; and
(2) by inserting after subsection (a) the following:
‘‘(b) SCHEDULED OPERATIONS.—
‘‘(1) IN
GENERAL.—An air carrier, including an indirect
air carrier, which operates aircraft designed for more than
nine passenger seats, may not provide regularly scheduled
charter air transportation for which the general public is pro-
vided in advance a schedule containing the departure location,
departure time, and arrival location of the flights to or from
an airport that is not located in Alaska and that does not
have an operating certificate issued under part 139 of title
14, Code of Federal Regulations (or any subsequent similar
regulations).
H. R. 1000—106
‘‘(2) DEFINITION.—In this paragraph, the term ‘regularly
scheduled charter air transportation’ does not include oper-
ations for which the departure time, departure location, and
arrival location are specifically negotiated with the customer
or the customer’s representative.’’.
SEC. 724. CREDIT FOR EMERGENCY SERVICES PROVIDED.
(a) STUDY.—The Administrator shall conduct a study of the
appropriateness of allowing an airport that agrees to provide serv-
ices to the Federal Emergency Management Agency or to a State
or local agency in the event of an emergency a credit of the value
of such services against the airport’s local share under the airport
improvement program.
(b) NOTIFICATION.—The Administrator shall notify nonhub and
general aviation airports that the Administrator is conducting the
study under subsection (a) and give them an opportunity to explain
how the credit described in subsection (a) would benefit such air-
ports.
(c) REPORT.—Not later than 180 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). The report shall identify, at a minimum, the airports that
would be affected by providing the credit described in subsection
(a), explain what sort of emergencies could qualify for such credit,
and explain how the costs would be quantified to determine the
credit against the local share.
SEC. 725. PASSENGER CABIN AIR QUALITY.
(a) STUDY OF AIR QUALITY IN PASSENGER CABINS IN COMMER-
CIAL AIRCRAFT.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Administrator shall arrange
for and provide necessary data to the National Academy of
Sciences to conduct a 12-month, independent study of air
quality in passenger cabins of aircraft used in air transportation
and foreign air transportation, including the collection of new
data, in coordination with the Federal Aviation Administration,
to identify contaminants in the aircraft air and develop rec-
ommendations for means of reducing such contaminants.
(2) ALTERNATIVE AIR SUPPLY.—The study should examine
whether contaminants would be reduced by the replacement
of engine and auxiliary power unit bleed air with an alternative
supply of air for the aircraft passengers and crew.
(3) SCOPE.—The study shall include an assessment and
quantitative analysis of each of the following:
(A) Contaminants of concern, as determined by the
National Academy of Sciences.
(B) The systems of air supply on aircraft, including
the identification of means by which contaminants may
enter such systems.
(C) The toxicological and health effects of the contami-
nants of concern, their byproducts, and the products of
their degradation.
(D) Any contaminant used in the maintenance, oper-
ation, or treatment of aircraft, if a passenger or a member
of the air crew may be directly exposed to the contaminant.
(E) Actual measurements of the contaminants of con-
cern in the air of passenger cabins during actual flights
H. R. 1000—107
in air transportation or foreign air transportation, along
with comparisons of such measurements to actual measure-
ments taken in public buildings.
(4) PROVISION OF CURRENT DATA.—The Administrator shall
collect all data of the Federal Aviation Administration that
is relevant to the study and make the data available to the
National Academy of Sciences in order to complete the study.
(b) COLLECTION OF AIRCRAFT AIR QUALITY DATA.—
(1) IN GENERAL.—The Administrator may consider the fea-
sibility of using the flight data recording system on aircraft
to monitor and record appropriate data related to air inflow
quality, including measurements of the exposure of persons
aboard the aircraft to contaminants during normal aircraft
operation and during incidents involving air quality problems.
(2) PASSENGER CABINS.—The Administrator may also con-
sider the feasibility of using the flight data recording system
to monitor and record data related to the air quality in pas-
sengers cabins of aircraft.
SEC. 726. STANDARDS FOR AIRCRAFT AND AIRCRAFT ENGINES TO
REDUCE NOISE LEVELS.
(a) DEVELOPMENT OF NEW STANDARDS.—The Secretary shall
continue to work to develop through the International Civil Aviation
Organization new performance standards for aircraft and aircraft
engines that will lead to a further reduction in aircraft noise levels.
(b) GOALS TO BE CONSIDERED IN DEVELOPING NEW STAND-
ARDS.—In negotiating standards under subsection (a), the Secretary
shall give high priority to developing standards that—
(1) are performance based and can be achieved by use
of a full range of certifiable noise reduction technologies;
(2) protect the useful economic value of existing Stage
3 aircraft in the United States fleet;
(3) ensure that United States air carriers and aircraft
engine and hushkit manufacturers are not competitively dis-
advantaged;
(4) use dynamic economic modeling capable of determining
impacts on all aircraft in service in the United States fleet;
and
(5) continue the use of a balanced approach to address
aircraft environmental issues, taking into account aircraft tech-
nology, land use planning, economic feasibility, and airspace
operational improvements.
(c) ANNUAL REPORT.—Not later than July 1, 2000, and annually
thereafter, the Secretary shall transmit to Congress a report
regarding the application of new standards or technologies to reduce
aircraft noise levels.
SEC. 727. TAOS PUEBLO AND BLUE LAKES WILDERNESS AREA DEM-
ONSTRATION PROJECT.
Not later than 18 months after the date of the enactment
of this Act, the Administrator shall work with the Taos Pueblo
to study the feasibility of conducting a demonstration project to
require all aircraft that fly over Taos Pueblo and the Blue Lake
Wilderness Area of Taos Pueblo, New Mexico, to maintain a manda-
tory minimum altitude of at least 5,000 feet above ground level.
In conducting the study, the Administrator shall determine whether
itinerant general aviation aircraft should be exempt from any such
requirement.