[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5744 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5744

 To amend the FAA Modernization and Reform Act of 2012 with respect to 
 categorical exclusions granted for next generation flight procedures, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2016

 Mr. Schweikert (for himself and Mr. Gallego) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend the FAA Modernization and Reform Act of 2012 with respect to 
 categorical exclusions granted for next generation flight procedures, 
                        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 ``NextGen Flight Path Review and 
Notification Act of 2016''.

SEC. 2. REVIEW AND NOTIFICATION OF CATEGORICAL EXCLUSIONS GRANTED FOR 
              NEXT GENERATION FLIGHT PROCEDURES.

    Section 213(c) of the FAA Modernization and Reform Act of 2012 (49 
U.S.C. 40101 note) is amended by adding at the end the following:
            ``(3) Notifications and consultations.--As part of the 
        process to apply a categorical exclusion under this subsection, 
        the Administrator shall--
                    ``(A) notify and consult with the operator of the 
                airport at which the new procedure would be implemented 
                regarding appropriate community involvement practices; 
                and
                    ``(B) consider consultations or other engagement 
                with the community in which the airport is located to 
                inform the public of the new procedure.
            ``(4) Review of certain categorical exclusions.--
                    ``(A) In general.--The Administrator shall review 
                each decision of the Administrator made between 
                February 14, 2012, and September 30, 2014, to grant a 
                categorical exclusion under this subsection with 
                respect to a procedure to be implemented at an OEP 
                airport that was a material change from procedures 
                previously in effect at the airport to determine if the 
                implementation of the procedure had a significant 
                effect on the human environment in the community in 
                which the airport is located.
                    ``(B) Content of review.--If, in conducting a 
                review under subparagraph (A) with respect to a 
                procedure implemented at an OEP airport, the 
                Administrator, in consultation with the operator of the 
                airport, determines that implementing the procedure had 
                a significant effect on the human environment in the 
                community in which the airport is located, the 
                Administrator shall--
                            ``(i) consult with the operator of the 
                        airport to identify measures to mitigate the 
                        effect of the procedure on the human 
                        environment; and
                            ``(ii) in conducting such consultations, 
                        consider the use of alternative flight paths 
                        that do not substantially degrade the 
                        efficiencies achieved by the implementation of 
                        the procedure being reviewed.
                    ``(C) Human environment defined.--In this 
                paragraph, the term `human environment' has the meaning 
                given that term in section 1508.14 of title 40, Code of 
                Federal Regulations (as in effect on the day before the 
                date of enactment of this paragraph).''.
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