I
106TH CONGRESS
1ST SESSION
H. R. 729
To provide for development and implementation of certain plans to reduce
risks to the public health and welfare caused by helicopter operations.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 11, 1999
Mrs. MALONEY of New York (for herself, Mr. TOWNS, Mr. NADLER, and Mr.
BERMAN) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure
A BILL
To provide for development and implementation of certain
plans to reduce risks to the public health and welfare
caused by helicopter operations.
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 ‘‘Helicopter Noise Con-
trol and Safety Act’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definitions
apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal
Aviation Administration.
(2) HELICOPTER OPERATIONS.—The term ‘‘hel-
icopter operations’’ means any function which is rea-
sonably related to helicopter traffic, including heli-
copter takeoffs, landings, and overflights.
SEC. 3. PLAN.
(a) IN GENERAL.—If the Administrator determines,
independently or after review of a study submitted under
section 4, that helicopter operations pose a risk to the pub-
lic health and welfare in a county or municipality with a
population of more than 500,000, the Administrator shall
develop and implement a plan, in accordance with this Act,
to reduce that risk.
(b) REQUIREMENTS.—A plan implemented pursuant
to this Act must—
(1) be related to the risk documented by the
Administrator or by a study submitted under section
4;
(2) reduce the documented risk in a reasonable
way;
(3) not adversely affect aviation safety; and
(4) be technologically practicable and appro-
priate for the particular type of aircraft and aircraft
operation to which it will apply.
(c) OPTIONS.—A plan implemented pursuant to this
Act may—
(1) include curfew restrictions on the number
and time of helicopter operations;
(2) include restrictions on the daily number of
helicopter flights, including different restrictions for
weekday and weekend flights;
(3) include restrictions on the type of helicopter
used;
(4) relate to a particular heliport or heliports,
or to helicopter operations within the city generally;
(5) include exceptions necessary for helicopter
operations relating to administrative, emergency,
media, and military operations; and
(6) include any other restrictions on helicopter
operations that may be necessary to protect public
health and welfare.
SEC. 4. SUBMISSION OF PLAN; REVIEW; PUBLIC COMMENT;
APPROVAL.
(a) SUBMISSION.—A city, State, governmental sub-
division, agency, or instrumentality, or a person respon-
sible for the operation of a heliport may request that the
Administrator implement a plan pursuant to this Act by
submitting to the Administrator—
(1) a study demonstrating that noise or safety
conditions, or both, resulting from helicopter oper-
ations pose a risk to the public health and welfare
of a county or municipality with a population of
more than 500,000; and
(2) a plan to reduce the risk documented by the
study submitted under paragraph (1).
(b) REVIEW.—Not more than 60 days after receipt
of a plan and study submitted under subsection (a), the
Administrator shall complete a review of such plan and
make any modifications necessary to ensure that such plan
is in accordance with section 3.
(c) PUBLIC COMMENT.—Not more than 60 days after
the Administrator has completed a review and, if nec-
essary, modifications of a plan submitted under subsection
(a)(2), or after development of a plan based upon inde-
pendent study by the Administrator, the Administrator
shall—
(1) issue public notice which includes a draft of
the plan;
(2) make copies of the plan and the supporting
study available at the appropriate regional offices of
the Federal Aviation Administration; and
(3) allow 90 days for public comment on the
plan.
(d) APPROVAL
AND IMPLEMENTATION.—Not less
than 60 days after the expiration of the period for public
comment provided under subsection (c)(3), Administrator
shall implement a plan which—
(1) is in accordance with section 3; and
(2) takes into consideration any public com-
ments on the plan.
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