I
104TH CONGRESS
2D SESSION
H. R. 4093
To require the Federal Aviation Administration to address the aircraft noise
problems of New Jersey and Staten Island, New York.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 17, 1996
Mr. 
FRANKS
of 
New 
Jersey 
(for 
himself, 
Ms. 
MOLINARI, 
Mr.
FRELINGHUYSEN, and Mr. MARTINI) introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure
A BILL
To require the Federal Aviation Administration to address
the aircraft noise problems of New Jersey and Staten
Island, New York.
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 ‘‘Bi-State Aircraft Noise
Correction Act of 1996’’.
SEC. 2. FINDINGS, DECLARATION, AND PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) the Expanded East Coast Plan of the Fed-
eral Aviation Administration has resulted in signifi-
cantly increased levels of aircraft noise over New
Jersey;
(2) over the past 30 years, and especially since
the implementation of the Expanded East Coast
Plan, relentless noise from aircraft departing from
Newark International Airport has adversely affected
the residents of northwestern Staten Island, New
York;
(3) the Federal Aviation Administration has
stalled, obfuscated, resisted, and delayed any mean-
ingful attempt to mitigate the aircraft noise problem
in New Jersey created by the Administration
through implementation of the Expanded East Coast
Plan; and
(4) the efforts of the Federal Aviation Adminis-
tration to mitigate aircraft noise levels on Staten Is-
land have been inadequate.
(b) DECLARATION.—Congress declares that the Fed-
eral Aviation Administration should remedy the problem
it has created, to the maximum extent practicable, by for-
mulating and implementing plans to mitigate aircraft
noise over certain areas of New Jersey and Staten Island.
(c) PURPOSE.—It is the purpose of this Act to compel
the Administrator to mitigate aircraft noise over certain
areas of New Jersey and Staten Island.
SEC. 3. REDUCTION IN AIRCRAFT NOISE OVER NEW
JERSEY.
Not later than 6 months after the date of the enact-
ment of this Act, the Administrator of the Federal Avia-
tion Administration (hereinafter in this Act referred to as
the ‘‘Administrator’’) shall develop and publish, without
compromising safety, a comprehensive plan to reduce air-
craft generated noise in New Jersey by 6 decibels (yearly
day-night average sound level) for at least 80 percent of
the people residing within 18 nautical miles of Newark
International Airport, relative to the noise values reported
in the Federal Aviation Administration document, ‘‘Envi-
ronmental Impact Statement, Runway 11 ILS at Newark
International Airport (September 16, 1993)’’, and exclud-
ing regions where aircraft-generated noise exceeds 65 deci-
bels (yearly day-night average sound level).
SEC. 4. REDUCTION IN AIRCRAFT NOISE OVER STATEN
ISLAND.
Not later than 6 months after the date of the enact-
ment of this Act, the Administrator shall develop and pub-
lish a plan to investigate and test southbound departure
procedures from runway 22 of Newark International Air-
port that will fully utilize, without compromising safety,
all of the allowable and available climbout airspace and
that will result in a minimum 25 percent decrease in air-
craft noise on the ground in northwestern Staten Island.
The Administrator shall also investigate a straight-out
southbound departure from runway 22.
SEC. 5. OTHER MEASURES.
(a) REMEDIATION EFFORTS.—The Administrator
shall undertake such remediation efforts as may be nec-
essary to mitigate aircraft noise within the sound level
contour described in section 3 pursuant to part 150 of
title 14, Code of Federal Regulations.
(b) NONAPPLICABILITY OF EIS REQUIREMENT.—In
carrying out the activities under this Act, the Adminis-
trator shall not be required to prepare an environmental
impact statement in accordance with the National Envi-
ronment Policy Act of 1969 or any other law.
SEC. 6. PROCEDURE.
(a) STANDING.—In order to ensure compliance with
this Act by the Administrator—
(1) the New Jersey Citizens for Environmental
Research, and
(2) a group to be designated by the Staten Is-
land Borough President,
shall have standing in United States district court to com-
pel the Administrator to comply with this Act.
(b) VENUE.—The venue for any such action shall be
the United States district court in Newark, New Jersey.
(c) ATTORNEY’S FEES.—