117 HR 7769 IH: Helicopter Safety and Noise Management Act U.S. House of Representatives 2022-05-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 7769IN THE HOUSE OF REPRESENTATIVESMay 13, 2022Mrs. Carolyn B. Maloney of New York (for herself, Mr. Nadler, Ms. Velázquez, Mr. Bowman, Mr. Espaillat, Mr. Jeffries, Mr. Johnson of Georgia, Mr. Lynch, Mr. Meeks, Ms. Meng, Ms. Norton, Ms. Ocasio-Cortez, Mr. Payne, Mr. Sherman, Mr. Suozzi, and Mr. Torres of New York) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo establish a commission to develop a helicopter usage management plan for certain airspace, and for other purposes.

1.

Short title

This Act may be cited as the Helicopter Safety and Noise Management Act.

2.

Helicopter usage management plan

(a)

Commission for development of rotocraft management plan

At least 2 Governors and 1 Mayor with jurisdiction over covered airspace shall—(1)jointly establish a commission to develop the helicopter usage management plan required under subsection (b);(2)serve as Co-Chairs of such commission; (3)include the Administrator of the Federal Aviation Administration on the commission; and(4)each appoint 3 additional Members to serve on the commission who are helicopter noise and safety advocates that reside in the covered airspace and are negatively impacted by nonessential helicopter flights.(b)

Development of plan

Not later than 1 year after the date of enactment of this Act, the commission established under subsection (a) shall develop a helicopter usage management plan for covered airspace that—(1)prohibits the operation of a nonessential civil rotorcraft in covered airspace without a permit described under subsection (c) from the Federal Aviation Administration;(2)establishes a system for substantially reducing the number of nonessential civil rotorcraft that can operate in covered airspace at any given time; and(3)establishes a competitive bidding program for civil nonessential rotocrafts to operate in such airspace.(c)

Number of nonessential rotorcrafts authorized

In determining the number of nonessential rotorcrafts authorized under the competitive bidding program established under subsection (b)(3), the commission shall take into consideration—(1)the safety record of the person submitting the proposal or pilots employed by the person; (2)any quiet aircraft technology to be used by the person submitting the proposal; (3)the experience of the person submitting the proposal with operating in such airspace;(4)the financial capability of the person submitting the proposal; (5)any training programs for pilots provided by the person submitting the proposal; and (6)the number of existing nonessential rotorcrafts authorized and the current level of service and equipment provided by any such operators.(d)

Public comment period

(1)

In general

The commission established under subsection (a) shall provide notice of, and an opportunity for, at least 60 days of public comment.(2)

Timing

The notice required under paragraph (1) shall occur at least 60 days before the public comment period.(3)

Public hearings

Not later than 60 days after the date of enactment of this Act, the commission shall hold at least 4 public hearings in the communities impacted by the plan described in subsection (b) to solicit feedback with respect to the helicopter usage management plan.(e)

Establishment of plan and permit

The Administrator shall—(1)implement the helicopter usage management plan established under subsection (b); and(2)establish a permit system referred to in subsection (b)(1) under which owners or operators of nonessential civil rotorcraft are required to hold a valid permit from the Administrator to operate such rotocraft in covered airspace.(f)

Essential use

(1)

Public health and safety

The plan developed under subsection (b) shall not apply any limitation or requirement to the operation of a civil rotorcraft for purposes of public health and safety, including—(A)law enforcement;(B)emergency response;(C)disaster response;(D)the provision of medical services;(E)scientific research; and(F)official purposes by a news organization.(2)

Infrastructure maintenance

The plan developed under subsection (b) shall not apply any limitation or requirement to the operation of a civil rotorcraft for purposes of heavy-lift operations in support of construction and infrastructure maintenance.(g)

Covered airspace defined

In this section, the term covered airspace means the airspace directly over any city with a population over 7 million people and with a population density of over 25,000 people per square mile, including the airspace over any waterways considered within the limits of such city.