[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 842 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 842

To allow mandatory nighttime curfews at certain airports, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2011

 Mr. Schiff (for himself, Mr. Berman, and Mr. Sherman) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To allow mandatory nighttime curfews at certain airports, 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 ``Valley-Wide Noise Relief Act of 
2011''.

SEC. 2. MANDATORY NIGHTTIME CURFEWS.

    (a) In General.--Notwithstanding any other provision of law, 
including any written assurances under section 47107 of title 49, 
United States Code, an airport sponsor may not be prohibited from, or 
interfered with, implementing any of the following:
            (1) A total mandatory nighttime curfew for an airport of 
        the sponsor that is described in paragraph (1) of subsection 
        (b).
            (2) A partial mandatory nighttime curfew for an airport of 
        the sponsor that is described in paragraph (2) of subsection 
        (b).
    (b) Covered Airports.--
            (1) Paragraph (1) airports.--An airport described in this 
        paragraph is an airport that--
                    (A) had a voluntary curfew in effect for certain 
                aircraft on November 5, 1990; and
                    (B) was created by an intergovernmental agreement 
                established pursuant to a State statute enacted before 
                November 5, 1990, that, along with the statute, imposes 
                obligations with respect to noise mitigation.
            (2) Paragraph (2) airports.--An airport described in this 
        paragraph is an airport that--
                    (A) had a partial curfew in effect prior to 
                November 5, 1990;
                    (B) operates under the supervision of a board of 
                airport commissioners that, on January 1, 2010, oversaw 
                operation of 3 or more airports, at least 2 of which 
                have airport operating certificates pursuant to part 
                139 of title 14, Code of Federal Regulations; and
                    (C) on January 1, 2010, failed to comply with a 
                cumulative noise standard established by a State law 
                for airports in that State.
    (c) Notice Requirements.--
            (1) In general.--At least 90 days before implementing a 
        curfew under subsection (a), an airport sponsor shall provide 
        to airport users and other interested parties reasonable notice 
        of--
                    (A) the terms of the curfew; and
                    (B) the penalties for violating the curfew.
            (2) Reasonable notice.--An airport sponsor shall be treated 
        as satisfying the requirement of providing reasonable notice 
        under paragraph (1) if the sponsor--
                    (A) includes the terms of the curfew and penalties 
                for violating the curfew on the Internet Web site of 
                the sponsor for the applicable airport; and
                    (B) provides the terms of the curfew and penalties 
                for violating the curfew to tenants of the sponsor who 
                operate aircraft at the airport, either at their 
                leasehold or the address provided to the airport 
                sponsor for the receipt of notices under their lease.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Total mandatory nighttime curfew.--The term ``total 
        mandatory nighttime curfew'' means a prohibition on all 
        aircraft operations at an airport each night during the 9-hour 
        period beginning at 10 p.m.
            (2) Partial mandatory nighttime curfew.--The term ``partial 
        mandatory nighttime curfew'' means a prohibition on certain 
        aircraft operations at an airport each night for not longer 
        than the 9-hour period beginning at 10 p.m.
                                 <all>