HR 2957 IH

105th CONGRESS

1st Session

H. R. 2957

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

November 8, 1997

Mrs. MALONEY of New York (for herself, Mr. TOWNS, Mr. NADLER, Mr. BERMAN, and Mr. MANTON) introduced the following bill; which was referred to the Committee 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 Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Helicopter Noise Control and Safety Act'.

SEC. 2. DEFINITIONS.

For the purposes of this Act, the following definitions apply:

(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Federal Aviation Administration.

(2) HELICOPTER OPERATIONS- The term `helicopter operations' means any function which is reasonably related to helicopter traffic, including helicopter 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 public 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 appropriate 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 subdivision, agency, or instrumentality, or a person responsible 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 operations 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 that 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 necessary, modifications of a plan submitted under subsection (a)(2), or after development of a plan based upon independent 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 comments on the plan.


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