I
105TH CONGRESS
2D SESSION
H. R. 4866
To require the Federal Aviation Administration to address the aircraft noise
problems of Staten Island, New York.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 20, 1998
Mr. FOSSELLA 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 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 ‘‘Staten Island Aircraft
Noise Correction Act of 1998’’.
SEC. 2. FINDINGS, DECLARATION, AND PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) 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; and
(2) 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 Staten Island.
(c) PURPOSE.—It is the purpose of this Act to compel
the Administrator to mitigate aircraft noise over certain
areas of Staten Island.
SEC. 3. REDUCTION IN AIRCRAFT NOISE OVER STATEN IS-
LAND.
Not later than 6 months after the date of enactment
of this Act, the Administrator of the Federal Aviation Ad-
ministration (in this Act referred to as the ‘‘Adminis-
trator’’) shall develop and publish a plan to investigate
and test southbound departure procedures from Runway
22 of Newark International Airport that will fully utilize,
without compromising safety, all of the allowable and
available climbout airspace and that will result in at least
a 25 percent decrease in aircraft noise on the ground in
northwestern Staten Island.
SEC. 4. NONAPPLICABILITY OF EIS REQUIREMENT.
In carrying out the activities under this Act, the Ad-
ministrator shall not be required to prepare an environ-
mental impact statement in accordance with the National
Environment Policy Act of 1969 or any other law.
SEC. 5. PROCEDURE.
(a) STANDING.—In order to ensure compliance with
this Act by the Administrator, any resident of Staten Is-
land, New York, shall have standing in United States dis-
trict court to compel the Administrator to comply with this
Act.
(b) VENUE.—The venue for any such action shall be
the United States district court in Brooklyn, New York.
(c) ATTORNEY’S FEES.—
(1) AWARD.—Except as provided in paragraph
(2), the Administrator shall pay court costs and rea-
sonable attorney fees incurred with respect to an ac-
tion to compel the Administrator to comply with this
Act. Punitive damages may not be awarded.
(2) LIMITATION.—Paragraph (1) shall not
apply if the judge imposes a sanction under Rule 11
of the Federal Rules of Civil Procedure on an attor-
ney, law firm, or party in the plaintiff’s case or if
the suit is dismissed by a judge on a motion by the
defendants for summary judgment.
SEC. 6. IMPLEMENTATION.
(a) DEADLINES.—The Administrator shall begin im-
plementation of the plan described in section 3 on or be-
fore the 90th day following the earlier of—
(1) the date of publication of the plan; and
(2) the date of any judicial order or settlement
agreement which is issued or entered into in re-
sponse to a civil action brought in accordance with
section 5(a) and which requires the implementation
of such plan.
(b) LIMITATION.—The plan described in section 3
shall not have the effect of reducing aircraft arrivals to
or departures from Newark International Airport.
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