IB 
Union Calendar No. 580 
110TH CONGRESS 
2D SESSION 
H. R. 5788 
[Report No. 110–900] 
To amend title 49, United States Code, to establish prohibitions against 
voice communications using a mobile communications device on commer-
cial airline flights, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2008 
Mr. DEFAZIO (for himself, Mr. COSTELLO, Mr. PETRI, Mr. DUNCAN, Mr. 
OBERSTAR, Mr. LIPINSKI, Mr. FILNER, Mr. COHEN, Mr. BOOZMAN, Mr. 
CAPUANO, and Mr. GEORGE MILLER of California) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure 
SEPTEMBER 28, 2008 
Additional sponsors: Ms. MATSUI, Ms. HIRONO, Mrs. MYRICK, Mr. 
BLUMENAUER, Mr. BAIRD, Mr. UDALL of Colorado, Mr. WAMP, Ms. 
DEGETTE, Mrs. TAUSCHER, Mr. FARR, Ms. MCCOLLUM of Minnesota, 
Mr. HINOJOSA, Mr. HILL, and Mr. ROTHMAN 
SEPTEMBER 28, 2008 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
A BILL 
To amend title 49, United States Code, to establish prohibi-
tions against voice communications using a mobile com-
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munications device on commercial airline flights, 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 ‘‘Halting Airplane Noise 
to Give Us Peace Act of 2008’’. 
SEC. 2. PROHIBITIONS AGAINST VOICE COMMUNICATIONS 
USING MOBILE COMMUNICATIONS DEVICES 
ON SCHEDULED FLIGHTS. 
(a) IN GENERAL.—Subchapter I of chapter 417 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 41724. Prohibitions against voice communications 
using mobile communications devices on 
scheduled flights 
‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPOR-
TATION.— 
‘‘(1) IN GENERAL.—An individual may not en-
gage in voice communications using a mobile com-
munications device in an aircraft during a flight in 
scheduled passenger interstate air transportation or 
scheduled passenger intrastate air transportation. 
‘‘(2)
FLIGHT
CREW
AND
FLIGHT
ATTEND-
ANTS.—The prohibition described in paragraph (1) 
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shall not apply to a member of the flight crew or 
flight attendants on an aircraft. 
‘‘(b) FOREIGN AIR TRANSPORTATION.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall require all air carriers and foreign air 
carriers to adopt the prohibition described in sub-
section (a) with respect to the operation of an air-
craft in scheduled passenger foreign air transpor-
tation. 
‘‘(2) ALTERNATE PROHIBITION.—If a foreign 
government objects to the application of paragraph 
(1) on the basis that paragraph (1) provides for an 
extraterritorial application of the laws of the United 
States, the Secretary shall waive the application of 
paragraph (1) to a foreign air carrier licensed by 
that foreign government at such time as an alter-
native prohibition on voice communications using a 
mobile communications device during flight is nego-
tiated by the Secretary with such foreign govern-
ment through bilateral negotiations. 
‘‘(c) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) FLIGHT.—The term ‘flight’ means the pe-
riod beginning when an aircraft takes off and ending 
when an aircraft lands. 
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‘‘(2) VOICE COMMUNICATIONS USING A MOBILE 
COMMUNICATIONS DEVICE.— 
‘‘(A) INCLUSIONS.—The term ‘voice com-
munications using a mobile communications de-
vice’ includes voice communications using— 
‘‘(i) a commercial mobile radio service 
or other wireless communications device; 
‘‘(ii) a broadband wireless device or 
other wireless device that transmits data 
packets using the Internet Protocol or 
comparable technical standard; or 
‘‘(iii) a device having voice override 
capability. 
‘‘(B) EXCLUSION.—Such term does not in-
clude voice communications using a phone in-
stalled on an aircraft. 
‘‘(d) SAFETY REGULATIONS.—This section shall not 
be construed to affect the authority of the Secretary to 
impose limitations on voice communications using a mobile 
communications device for safety reasons. 
‘‘(e) REGULATIONS.—The Secretary shall prescribe 
such regulations as are necessary to carry out this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
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‘‘Sec. 41724. Prohibitions against voice communications using mobile commu-
nications devices on scheduled flights.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Halting Airplane Noise 
to Give Us Peace Act of 2008’’. 
SEC. 2. PROHIBITIONS AGAINST VOICE COMMUNICATIONS 
USING MOBILE COMMUNICATIONS DEVICES 
ON SCHEDULED FLIGHTS. 
(a) IN GENERAL.—Subchapter I of chapter 417 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘§ 41724. Prohibitions against voice communications 
using mobile communications devices on 
scheduled flights 
‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPOR-
TATION.— 
‘‘(1) IN GENERAL.—An individual may not en-
gage in voice communications using a mobile commu-
nications device in an aircraft during a flight in 
scheduled passenger interstate air transportation or 
scheduled passenger intrastate air transportation. 
‘‘(2) EXCEPTIONS.—The prohibition described in 
paragraph (1) shall not apply to— 
‘‘(A) a member of the flight crew or flight 
attendants on an aircraft; or 
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‘‘(B) a Federal law enforcement officer act-
ing in an official capacity. 
‘‘(b) FOREIGN AIR TRANSPORTATION.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall require all air carriers and foreign air 
carriers to adopt the prohibition described in sub-
section (a) with respect to the operation of an aircraft 
in scheduled passenger foreign air transportation. 
‘‘(2) ALTERNATE
PROHIBITION.—If a foreign 
government objects to the application of paragraph 
(1) on the basis that paragraph (1) provides for an 
extraterritorial application of the laws of the United 
States, the Secretary may waive the application of 
paragraph (1) to a foreign air carrier licensed by 
that foreign government until such time as an alter-
native prohibition on voice communications using a 
mobile communications device during flight is nego-
tiated by the Secretary with such foreign government 
through bilateral negotiations. 
‘‘(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) FLIGHT.—The term ‘flight’ means the pe-
riod beginning when an aircraft takes off and ending 
when an aircraft lands. 
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‘‘(2) VOICE COMMUNICATIONS USING A MOBILE 
COMMUNICATIONS DEVICE.— 
‘‘(A) INCLUSIONS.—The term ‘voice commu-
nications using a mobile communications device’ 
includes voice communications using— 
‘‘(i) a commercial mobile radio service 
or other wireless communications device; 
‘‘(ii) a broadband wireless device or 
other wireless device that transmits data 
packets using the Internet Protocol or com-
parable technical standard; or 
‘‘(iii) a device having voice override 
capability. 
‘‘(B) EXCLUSION.—Such term does not in-
clude voice communications using a phone in-
stalled on an aircraft. 
‘‘(d) SAFETY REGULATIONS.—This section shall not be 
construed to affect the authority of the Secretary to impose 
limitations on voice communications using a mobile com-
munications device for safety reasons. 
‘‘(e) REGULATIONS.—The Secretary shall prescribe 
such regulations as are necessary to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
‘‘41724. Prohibitions against voice communications using mobile communications 
devices on scheduled flights.’’. 
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Union Calendar No. 580 
110TH CONGRESS 
2D SESSION 
H. R. 5788 
[Report No. 110–900] 
A BILL 
To amend title 49, United States Code, to establish 
prohibitions against voice communications using 
a mobile communications device on commercial 
airline flights, and for other purposes. 
SEPTEMBER 28, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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02:49 Sep 29, 2008
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PO 00000
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