I 
114TH CONGRESS 
2D SESSION 
H. R. 5744 
To amend the FAA Modernization and Reform Act of 2012 with respect 
to categorical exclusions granted for next generation flight procedures, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2016 
Mr. SCHWEIKERT (for himself and Mr. GALLEGO) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure 
A BILL 
To amend the FAA Modernization and Reform Act of 2012 
with respect to categorical exclusions granted for next 
generation flight procedures, 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 ‘‘NextGen Flight Path 
Review and Notification Act of 2016’’. 
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SEC. 2. REVIEW AND NOTIFICATION OF CATEGORICAL EX-
CLUSIONS GRANTED FOR NEXT GENERATION 
FLIGHT PROCEDURES. 
Section 213(c) of the FAA Modernization and Re-
form Act of 2012 (49 U.S.C. 40101 note) is amended by 
adding at the end the following: 
‘‘(3) NOTIFICATIONS
AND
CONSULTATIONS.— 
As part of the process to apply a categorical exclu-
sion under this subsection, the Administrator shall— 
‘‘(A) notify and consult with the operator 
of the airport at which the new procedure would 
be implemented regarding appropriate commu-
nity involvement practices; and 
‘‘(B) consider consultations or other en-
gagement with the community in which the air-
port is located to inform the public of the new 
procedure. 
‘‘(4) REVIEW
OF
CERTAIN
CATEGORICAL
EX-
CLUSIONS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall review each decision of the Administrator 
made between February 14, 2012, and Sep-
tember 30, 2014, to grant a categorical exclu-
sion under this subsection with respect to a pro-
cedure to be implemented at an OEP airport 
that was a material change from procedures 
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previously in effect at the airport to determine 
if the implementation of the procedure had a 
significant effect on the human environment in 
the community in which the airport is located. 
‘‘(B) CONTENT OF REVIEW.—If, in con-
ducting a review under subparagraph (A) with 
respect to a procedure implemented at an OEP 
airport, the Administrator, in consultation with 
the operator of the airport, determines that im-
plementing the procedure had a significant ef-
fect on the human environment in the commu-
nity in which the airport is located, the Admin-
istrator shall— 
‘‘(i) consult with the operator of the 
airport to identify measures to mitigate the 
effect of the procedure on the human envi-
ronment; and 
‘‘(ii) in conducting such consultations, 
consider the use of alternative flight paths 
that do not substantially degrade the effi-
ciencies achieved by the implementation of 
the procedure being reviewed. 
‘‘(C) HUMAN
ENVIRONMENT
DEFINED.— 
In this paragraph, the term ‘human environ-
ment’ has the meaning given that term in sec-
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tion 1508.14 of title 40, Code of Federal Regu-
lations (as in effect on the day before the date 
of enactment of this paragraph).’’. 
Æ 
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