Safe and Quiet Skies Act of 2023
This bill sets forth requirements for commercial air tour flights.
Among other requirements, the bill
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1071 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1071
To impose safety requirements on commercial air tour flights, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 17, 2023
Mr. Case (for himself, Mr. Nadler, Ms. Norton, Ms. Tokuda, Mr. Sherman,
Ms. Velazquez, and Mr. Goldman of New York) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To impose safety requirements on commercial air tour flights, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe and Quiet Skies Act of 2023''.
SEC. 2. REQUIREMENTS FOR COMMERCIAL AIR TOUR FLIGHTS.
(a) Prohibition of Overflights.--Notwithstanding any other
provision of law, a commercial air tour may not operate within a half
mile of the following:
(1) A military installation.
(2) A national cemetery.
(3) A unit of the National Wilderness Preservation System.
(4) A unit of the National Park System.
(5) A unit of the National Wildlife Refuge System.
(b) Use of Automatic Dependent Surveillance-Broadcast (ADS-B) Out
Equipment.--The Administrator of the Federal Aviation Administration
shall revise section 91.227 of title 14, Code of Federal Regulations,
to require the use of ADS-B Out (as such term is defined in such
section) during the entire operation of a commercial air tour.
(c) Sterile Cockpit Rule.--The Administrator shall issue such
regulations as are necessary to--
(1) impose the requirements of section 121.542 of title 14,
Code of Federal Regulations, on a commercial air tour and a
pilot of a commercial air tour (including a commercial air tour
that does not hold a certificate under part 121 of title 14,
Code of Federal Regulations);
(2) define tour-giving and providing an oral narration of
the air tour as duties that are not required for the safe
operation of the aircraft for a commercial air tour (including
a commercial air tour that does not hold a certificate under
part 121 of title 14, Code of Federal Regulations); and
(3) define a critical phase of flight for a commercial air
tour (including a commercial air tour that does not hold a
certificate under part 121 of title 14, Code of Federal
Regulations) to include all ground operations involving taxi,
takeoff, and landing, and all other flight operations
regardless of altitude of operation.
(d) Minimum Altitudes.--
(1) In general.--Notwithstanding any other provision of
law, a commercial air tour may not operate at an altitude of
less than 1,500 feet.
(2) Exceptions.--
(A) Safe harbor.--An operator of a commercial air
tour may fly below the altitude described in paragraph
(1) for reasons of safety if unpredictable
circumstances occur.
(B) FAA requirements.--The Administrator may permit
an operator of a commercial air tour to operate below
the altitude described in paragraph (1) for flight
operations for takeoff and landing.
(3) Rule of construction.--If a reasonable individual would
believe a commercial air tour could not safely fly at a minimum
altitude of 1,500 feet for the duration of the flight given the
conditions at takeoff, the safe harbor described in paragraph
(2)(A) shall not apply.
(e) Occupied Areas.--
(1) In general.--Notwithstanding any other provision of
law, a commercial air tour may not operate within half a mile
of an occupied area unless the aircraft has noise suppression
technology that brings noise to the lesser of--
(A) a maximum level of 55 dbA as measured from such
occupied area; and
(B) a maximum level required in such occupied area
by a requirement imposed pursuant to section 3(a) of
this Act or section 40128(e) of title 49, United States
Code.
(2) Regulations.--The Administrator shall revise subparts F
and H of part 36 of title 14, Code of Federal Regulations, and
related appendices, to reduce noise limits in accordance with
paragraph (1).
SEC. 3. DELEGATED AUTHORITY TO STATE AND LOCAL REGULATORS.
(a) In General.--Notwithstanding any other provision of law, a
State or locality may impose additional requirements on commercial air
tours (but may not waive any requirements described in this Act or in
the amendments made by this Act), including--
(1) banning such tours;
(2) imposing day and time flight restrictions;
(3) regulating the total number of flights per day;
(4) regulating route requirements over occupied areas;
(5) prohibiting flights over State or local parks, ocean
recreation, cemeteries, and other areas of State interest; and
(6) requiring commercial air tours to operate at lower
decibels for purposes of noise requirements.
(b) FAA Exceptions.--The Administrator may invalidate a requirement
imposed pursuant to subsection (a) if required for flight operations
for takeoff and landing.
SEC. 4. PUBLIC ENGAGEMENT THROUGHOUT FEDERAL AND STATE REGULATORY
PROCESS.
During the promulgation of any regulation required by this Act or
the drafting and update of the Air Tours Common Procedural Manuals, the
requirements of the Administrative Procedure Act shall apply.
SEC. 5. PENALTIES.
The Administrator shall impose penalties for violations of this Act
or the amendments made by this Act, including revoking any
certifications or permits issued to operate a commercial air tour.
SEC. 6. CONFORMING AMENDMENTS.
(a) In General.--Section 40128 of title 49, United States Code, is
amended--
(1) in the section heading by striking ``national parks''
and inserting ``tribal lands'';
(2) by striking ``a national park or'' in each place in
which it appears;
(3) by striking ``park or'' in each place in which it
appears;
(4) in subsection (a)(1)(C), by striking ``or voluntary
agreement under subsection (b)(7)'';
(5) by striking subsection (a)(2) and inserting the
following:
``(2) Application for operating authority.--Before
commencing commercial air tour operations over tribal lands, a
commercial air tour operator shall apply to the Administrator
for authority to conduct the operations over the tribal
lands.'';
(6) by striking subsection (a)(3);
(7) by redesignating paragraph (4) of subsection (a) as
paragraph (3);
(8) by striking subsection (a)(5);
(9) in subsection (b)(1)(A)--
(A) by striking ``over the park'' and inserting
``over the lands''; and
(B) by striking ``paragraph (4)'' and inserting
``paragraph (3)'';
(10) by striking subsection (b)(1)(C);
(11) by striking subsection (b)(3);
(12) by redesignating paragraphs (4) through (6) of
subsection (b) as paragraphs (3) through (5), respectively;
(13) by striking subsection (b)(7);
(14) by striking subsection (c)(2)(B);
(15) by redesignating subparagraphs (C) through (I) of
subsection (c)(2) as subparagraphs (B) through (H),
respectively;
(16) in subsection (c)(3)(B), by striking ``at the'' in
each place in which it appears;
(17) in subsection (d)(1)--
(A) by striking ``over a national park under
interim operating authority granted under subsection
(c) or''; and
(B) by striking ``or voluntary agreement'';
(18) by striking subsection (e);
(19) by striking subsection (f) and inserting the
following:
``(e) Tribal Authority.--
``(1) In general.--Notwithstanding any other provision of
law, a tribal entity may impose additional requirements on
commercial air tours (but may not waive any requirements
described in the Safe and Quiet Skies Act of 2023 or in the
amendments made by the Safe and Quiet Skies Act of 2023),
including--
``(A) banning such tours;
``(B) imposing day and time flight restrictions;
``(C) regulating the total number of flights per
day;
``(D) regulating route requirements over occupied
areas;
``(E) prohibiting flights over tribal parks, ocean
recreation, cemeteries, and other areas of tribal
interest; and
``(F) requiring commercial air tours to operate at
lower decibels for purposes of noise requirements.
``(2) FAA exceptions.--The Administrator of the Federal
Aviation Administration may invalidate a regulation imposed
pursuant to paragraph (1) if required for flight operations for
takeoff and landing.
``(3) Tribal entity.--In this subsection, the term `tribal
entity' means--
``(A) a tribal organization (as such term is
defined in section 4 of the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 5304));
``(B) a tribally designated housing entity (as such
term is defined in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4103)); or
``(C) an Indian-owned business or a tribal
enterprise (as such terms are defined in section 3 of
the Native American Business Development, Trade
Promotion, and Tourism Act of 2000 (25 U.S.C.
4302)).'';
(20) in subsection (g)(1), by striking ``over a national
park'' and inserting ``over tribal lands'';
(21) in subsection (g)(2), by striking ``over a national
park'' and inserting ``over tribal lands'';
(22) by striking subsection (g)(4);
(23) by redesignating paragraphs (5) through (8) of
subsection (g) as paragraphs (4) through (7), respectively; and
(24) by redesignating subsection (g) as subsection (f).
(b) Analysis.--The table of section for chapter 401 of title 49,
United States Code, is amended by striking the item relating to section
40128 and inserting the following:
``40128. Overflights of tribal lands.''.
SEC. 7. NTSB RECOMMENDATIONS.
(a) In General.--The Administrator shall implement all
recommendations concerning operators under part 135 of title 14, Code
of Federal Regulations, that--
(1) were issued by the National Transportation Safety
Board; and
(2) are considered by the Board to be open unacceptable
response.
(b) Part 135 Regulation.--The Administrator--
(1) shall require all commercial air tours to operate
pursuant to part 135 of title 14, Code of Federal Regulations;
and
(2) may not permit a commercial air tour to operate
pursuant to part 91 of title 14, Code of Federal Regulations.
SEC. 8. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Altitude.--The term ``altitude'' means the distance
above ground level between an aircraft and the highest obstacle
that is within 2 miles of the location over which such aircraft
is flying at any time.
(3) Commercial air tour.--The term ``commercial air tour''
means any flight conducted for compensation or hire in a
powered aircraft where a purpose of the flight is sightseeing
or intentional parachuting. If the operator of a flight asserts
that the flight is not a commercial air tour, factors that can
be considered by the Administrator in making a determination of
whether the flight is a commercial air tour include--
(A) whether there was a holding out to the public
of willingness to conduct a sightseeing or intentional
parachuting flight for compensation or hire;
(B) whether a narrative was provided that referred
to areas or points of interest on the surface;
(C) the area of operation;
(D) the frequency of flights;
(E) the route of flight;
(F) the inclusion of sightseeing or intentional
parachuting flights as part of any travel arrangement
package; or
(G) whether the flight in question would or would
not have been canceled based on poor visibility of the
surface.
(4) dbA.--The term ``dbA'' means the A-weighted sound level
or unit of measurement describing the total sound level of all
noises as measured with a sound level meter using the A
weighting network.
(5) Occupied area.--The term ``occupied area'' means land
area that is used by people, including residential areas,
commercial areas, and recreational areas.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Aviation.
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