[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 389 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 389

 To impose safety requirements on commercial air tour flights, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 2021

Mr. Case (for himself, Mr. Sires, Mr. Neguse, Mr. Sherman, Mr. Nadler, 
 and Ms. Norton) 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 2021''.

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.

    Section 40128 of title 49, United States Code, is amended--
            (1) by striking ``a national park or'' in each place in 
        which it appears;
            (2) by striking ``park or'' in each place in which it 
        appears;
            (3) in subsection (a)(1)(C), by striking ``or voluntary 
        agreement under subsection (b)(7)'';
            (4) 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.'';
            (5) by striking subsection (a)(3);
            (6) by redesignating paragraph (4) of subsection (a) as 
        paragraph (3);
            (7) by striking subsection (a)(5);
            (8) 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)'';
            (9) by striking subsection (b)(1)(C);
            (10) by striking subsection (b)(3);
            (11) by redesignating paragraphs (4) through (6) of 
        subsection (b) as paragraphs (3) through (5), respectively;
            (12) by striking subsection (b)(7);
            (13) by striking subsection (c)(2)(B);
            (14) by redesignating subparagraphs (C) through (I) of 
        subsection (c)(2) as subparagraphs (B) through (H), 
        respectively;
            (15) in subsection (c)(3)(B), by striking ``at the'' in 
        each place in which it appears;
            (16) 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'';
            (17) by striking subsection (e);
            (18) 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 2021 or in the 
        amendments made by the Safe and Quiet Skies Act of 2021), 
        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)).'';
            (19) in subsection (g)(1), by striking ``over a national 
        park'' and inserting ``over tribal lands'';
            (20) in subsection (g)(2), by striking ``over a national 
        park'' and inserting ``over tribal lands'';
            (21) by striking subsection (g)(4);
            (22) by redesignating paragraphs (5) through (8) of 
        subsection (g) as paragraphs (4) through (7), respectively; and
            (23) by redesignating subsection (g) as subsection (f).

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.
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