FAA Community Accountability Act of 2016

Bill: 114-s-2761
Sponsor: full_name: Sen. Warren, Elizabeth [D-MA]
Introduced: 2016-04-07
Policy area: Transportation and Public Works
Subjects: Administrative law and regulatory procedures

Air quality

Aviation and airports

Community life and organization

Congressional oversight

Department of Transportation

Environmental assessment, monitoring, research

Land use and conservation

Noise pollution

Transportation safety and security
Latest action: action_date: 2016-04-07
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2016-04-07
action_desc: Introduced in Senate
text: <p><strong>FAA Community Accountability Act of 2016</strong></p> <p>This bill requires the Federal Aviation Administration (FAA), in considering flight paths or procedures as part of the implementation of the Next Generation Air Transportation System, to limit negative impacts on the human environment near airports. The FAA may give preference to overlays of existing flight paths or procedures to ensure compatibility with land use.</p> <p>The FAA shall appoint an FAA Community Ombudsman for each of its regions to:</p> <ul> <li>act as a liaison with communities regarding problems related to the impact of commercial aviation on the human environment; </li> <li> monitor the impact of System implementation on communities near affected airports; </li> <li> make recommendations to address community concerns and improve the use of community comments in FAA decisionmaking; and </li> <li> report periodically on the impact of commercial aviation on the human environment and on FAA responsiveness to community concerns. </li> </ul> <p>The FAA, in implementing the System, may not treat the establishment or revision of a flight path or procedure as covered by a categorical exclusion if an Ombudsman or airport operator submits notification that: (1) extraordinary circumstances exist, or (2) the establishment or revision will have a significant adverse impact on the human environment near such airport. The FAA, before treating such establishment or revision as covered by a categorical exclusion, shall provide notice and an opportunity for comment to persons affected. </p> <p>The bill requires the FAA to: (1) reconsider a flight path or procedure established or revised after February 14, 2012, as part of the implementation of the System if an Ombudsman or airport operator submits written notification that the establishment or revision is resulting in a significant adverse impact on the human environment near the airport, (2) provide notice of such reconsideration and an opportunity for public comment, (3) assess the impacts on the human environment, and (4) report on comments received, assessment results, and changes to be made.</p>

tv_txt: II 114th CONGRESS 2d Session S. 2761 IN THE SENATE OF THE UNITED STATES April 7, 2016 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Administrator of the Federal Aviation Administration to improve the process for establishing and revising flight paths and procedures, and for other purposes.

1. Short title This Act may be cited as the FAA Community Accountability Act of 2016 . 2. Flight paths and procedures Notwithstanding any other provision of law, in considering new or revised flight paths or procedures as part of the implementation of the Next Generation Air Transportation System, the Administrator of the Federal Aviation Administration— (1) shall take actions to limit negative impacts on the human environment in the vicinity of an affected airport; and (2) may give preference to overlays of existing flight paths or procedures to ensure compatibility with land use in the vicinity of an affected airport. 3. Federal Aviation Administration Community Ombudsman (a) Establishment Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall appoint a Federal Aviation Administration Community Ombudsman for each region of the Federal Aviation Administration. (b) Duties The Ombudsmen appointed in accordance with subsection (a) shall— (1) act as a liaison between affected communities and the Administrator with respect to problems related to the impact of commercial aviation on the human environment, including concerns regarding aircraft noise, pollution, and safety; (2) monitor the impact of the implementation of the Next Generation Air Transportation System on communities in the vicinity of affected airports; (3) make recommendations to the Administrator— (A) to address concerns raised by communities; and (B) to improve the use of community comments in Administration decisionmaking processes; and (4) report to Congress periodically on issues related to the impact of commercial aviation on the human environment and on Administration responsiveness to concerns raised by affected communities. 4. Community engagement (a) In general Notwithstanding any other provision of law, in implementing the Next Generation Air Transportation System, the Administrator of the Federal Aviation Administration may not treat the establishment or revision of a flight path or procedure as covered by a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations) if a Federal Aviation Administration Community Ombudsman or the operator of an airport affected by such establishment or revision submits written notification to the Administrator that— (1) extraordinary circumstances exist; or (2) the establishment or revision will have a significant adverse impact on the human environment in the vicinity of such airport. (b) Notifications At least 30 days before treating the establishment or revision of a flight path or procedure as covered by a categorical exclusion, the Administrator shall provide notice and an opportunity for comment to persons affected by such establishment or revision, including the operator of any affected airport. 5. Reconsideration of certain flight paths and procedures (a) In general Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration shall reconsider a flight path or procedure established or revised after February 14, 2012, as part of the implementation of the Next Generation Air Transportation System if a Federal Aviation Administration Community Ombudsman or the operator of an airport affected by such establishment or revision submits written notification to the Administrator that the establishment or revision is resulting in a significant adverse impact on the human environment in the vicinity of such airport. (b) Process In reconsidering a flight path or procedure under subsection (a), the Administrator shall— (1) provide notice of the reconsideration and an opportunity for public comment; (2) assess the impacts on the human environment of such flight path or procedure; and (3) not later than 180 days after the date on which the relevant notification was received, submit to Congress and make available to the public a report that— (A) addresses comments received pursuant to paragraph (1); (B) describes the results of the assessment carried out under paragraph (2); and (C) describes any changes to be made to such flight path or procedure or the justification for not making any change.