[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2406 Introduced in Senate (IS)]

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114th CONGRESS
  1st Session
                                S. 2406

To require the Administrator of the Federal Aviation Administration to 
   review certain decisions to grant categorical exclusions for Next 
Generation flight procedures and to consult with the airports at which 
                  such procedures will be implemented.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2015

 Mr. McCain (for himself and Mr. Flake) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Federal Aviation Administration to 
   review certain decisions to grant categorical exclusions for Next 
Generation flight procedures and to consult with the airports at which 
                  such procedures will be implemented.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REVIEW AND NOTIFICATIONS OF CATEGORICAL EXCLUSIONS GRANTED 
              FOR NEXT GENERATION FLIGHT PROCEDURES.

    Section 213(c) of the FAA Modernization and Reform Act of 2012 
(Public Law 112-95; 49 U.S.C. 40101 note) is amended by adding at the 
end the following:
            ``(3) Notifications and consultations.--Not less than 90 
        days before applying a categorical exclusion under this 
        subsection to a new procedure at an OEP airport, the 
        Administrator shall--
                    ``(A) notify and consult with the operator of the 
                airport at which the procedure would be implemented; 
                and
                    ``(B) consider consultations or other engagement 
                with the community in the which the airport is located 
                to inform the public of the procedure.
            ``(4) Review of certain categorical exclusions.--
                    ``(A) In general.--The Administrator shall review a 
                decision of the Administrator made on or after February 
                14, 2012, and before the date of the enactment of this 
                paragraph 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 if the operator of that airport requests such a 
                review and demonstrates that there is good cause to 
                believe that the implementation of the procedure had 
                such an effect.
                    ``(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.
                    ``(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 the enactment of this paragraph).''.
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