[Congressional Record Volume 147, Number 93 (Friday, June 29, 2001)]
[Senate]
[Pages S7203-S7204]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 1151. A bill to amend the method for achieving quiet technology 
specified in the National Parks Air Tour Management Act of 2000; to the 
Committee on Commerce, Science, and Transportation.
  Mr. REID. Mr. President, I rise today along with my good friend and 
colleague from Nevada, Senator Ensign because I am deeply concerned 
that the Federal Aviation Administration has failed to develop the 
incentives for quiet technology aircraft.
  The bill we are introducing today, the ``Grand Canyon Quiet 
Technology Implementation Act,'' completes the Congressional mandates 
contained in the National Park Air Tour Management Act of 2000 which 
called for the implementation of ``reasonably achievable'' quiet 
technology standards for the Grand Canyon air tour operators.
  Key provisions of the Act called for the Federal Aviation 
Administration, by April 5th of this year, to: 1. Designate reasonably 
achievable requirements for fixed-wing and helicopter aircraft 
necessary for such aircraft to be considered as employing quiet 
aircraft technology; and 2. establish corridors for commercial air tour 
operations by fixed-wing and helicopter aircraft that employ quiet 
aircraft technology, or explain to Congress why they can't. The agency 
has failed to comply with any of these provisions.
  The Act also provides that operators employing quiet technology shall 
be exempted from operational flight caps. This relief is essential to 
the very survival of many of these air tour companies. By not complying 
with these Congressional mandates, the Federal Aviation Administration 
places the viability of the Grand Canyon air tour industry in jeopardy.
  While Senator Ensign and I along with the air tour community have 
sought to work with the Federal agencies in a cooperative manner, our 
repeated overtures have been summarily ignored, which forces us to take 
further legislative action.
  Our bill simply requires the Federal Aviation Administration to do 
its job. It identifies ``reasonably achievable'' quiet technology 
standards and provides relief for air tour operators who have spent 
many years and millions of dollars of their money voluntarily 
transitioning to quieter aircraft to help restore natural quiet to the 
Grand Canyon.
  I would like to compliment my good friend from Arizona, Senator John 
McCain for his vision and leadership in the Senate in recognizing that 
quieter aircraft was the key to restoring natural quiet to the Grand 
Canyon. During his tenure as chairman of the Senate Commerce Committee, 
it was Senator McCain who insisted on the quiet technology provisions 
contained in the National Park Air Tour Management Act

[[Page S7204]]

of 2000. It was Senator McCain who wanted to ensure that those air tour 
companies which already have made huge investments in current 
technology quiet aircraft modifications were rewarded for their 
initiative. It was Senator McCain, an advocate for restoring natural 
quiet to the Grand Canyon, who took the lead in seeking to ensure that 
the elderly, disabled and time-constrained visitor still would be able 
to enjoy the magnificence of the Grand Canyon by air. The legislation 
we are introducing today, supports Senator McCain's vision.
  The National Park Air Tour Management Act of 2000 is clear. It calls 
for the implementation of ``reasonably achievable'' quiet technology 
incentives. Our Grand Canyon Quiet Technology Implementation 
legislation is based on today's best aircraft technology.
  Some may ask what is ``reasonably achievable?'' It constitutes the 
following: replacing smaller aircraft with larger and quieter aircraft 
with more seating capacity reducing the number of flights needed to 
carry the same number of passengers; adding propellers on turbine-
powered airplanes or main rotor blades on helicopters which reduces 
prop tip speeds by reducing engine RPMs; modifying engine exhaust 
systems with high-tech mufflers to absorb engine noise; modifying 
helicopter tail rotors with high-tech components for quieter operation.
  These modifications typically reduce the sound generated by these 
aircraft by more than 50 percent.
  This is what is ``reasonably achievable'' in aviation technology. In 
the year 2001, this is essentially all that can be done to make 
aircraft quieter. Operators which have spent millions of dollars to 
make these modifications, in our view, have complied with the intent of 
the law and deserve relief.
  Let us not forget the original intent of this legislation to help 
restore natural quiet to the Grand Canyon and, as the 1916 Organic Act 
directs, to provide for the enjoyment of our national parks ``in such 
manner and by such means as will leave them unimpaired for the 
enjoyment of future generations.''
  Air touring is consistent with the Park Service mission.
  Based on current air tour restrictions, more than 1.7 million 
tourists will be denied access to the Grand Canyon during the next 
decade at a cost to air tour operators conservatively estimated at $250 
million.
  Senator Ensign and I agree that, to the extent possible and 
practical, that the quieter these air tour aircraft can be made to be, 
the better for everyone. That's why it is so important that the Grand 
Canyon Quiet Technology Implementation Act become the law.
  I ask unanimous consent that the text of the Grand Canyon Quiet 
Technology Implementation Act be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1151

       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 referred to as the ``Grand Canyon Quiet 
     Technology Implementation Act''.

     SEC. 2. AMENDMENTS TO QUIET AIRCRAFT TECHNOLOGY.

       (a) In General.--Section 804 of the National Parks Air Tour 
     Management Act of 2000 (49 U.S.C. 40128 note) is amended by 
     adding at the end the following new subsection:
       ``(f) Alternative Quiet Aircraft Technology.--
       ``(1) General rule.--Notwithstanding any other provision of 
     law, an air tour operator based in Clark County, Nevada or at 
     the Grand Canyon National Park Airport shall be treated as 
     having met the requirements for quiet aircraft technology 
     that apply with respect to commercial air tour operations for 
     tours described in subsection (b), if the air tour operator 
     has met the following requirements:
       ``(A) The aircraft used by the air tour operator for such 
     tours--
       ``(i) meet the requirements designated under subsection 
     (a); or
       ``(ii) if not previously powered by turbine engines, have 
     been modified to be powered by turbine engines and, after the 
     conversion--

       ``(I) have a higher number of propellers (in the case of 
     fixed-wing aircraft) or main rotor blades (in the case of 
     helicopters) than the aircraft had before the conversion, 
     thereby resulting in a reduction in prop or blade tip speeds 
     and engine revolutions per minute;
       ``(II) have current technology engine exhaust mufflers;
       ``(III) in the case of helicopters, have current technology 
     quieter tail rotors; or
       ``(IV) have any other modifications, approved by the 
     Federal Aviation Administration, that significantly reduce 
     the aircraft's sound.

       ``(B) The air tour operator has replaced, for use for the 
     tours, smaller aircraft with larger aircraft that have more 
     seating capacity, thereby reducing the number of flights 
     needed to transport the same number of passengers.
       ``(C) The air tour operator can safely demonstrate, through 
     flight testing administered by the Federal Aviation 
     Administration that applies a sound measurement methodology 
     accepted as standard, that the tour operator can fly existing 
     aircraft in a manner that achieves a sound signature in the 
     same noise range or having the same or similar sound effect 
     as the aircraft that satisfy the requirements of subparagraph 
     (A) or (B).
       ``(2) Exemption from flight caps.--Any air tour operator 
     that meets the requirements described in paragraph (1), shall 
     be--
       ``(A) exempt from the operational flight allocations 
     referred to in subsection (c) and from flight curfews and any 
     other requirement not imposed solely for reasons of aviation 
     safety; and
       ``(B) granted air tour routes that are preferred for the 
     quality of the scenic views for--
       ``(i) tours from Clark County, Nevada to the Grand Canyon 
     National Park Airport; and
       ``(ii) `local loop' tours referred to in subsection 
     (b)(2).''.
       (b) Reinstatement of Certain Air Tour Routes.--Any air tour 
     route from Clark County, Nevada, to the Grand Canyon National 
     Park Airport, Tusayan, Arizona, that was eliminated, or 
     altered in any way, by regulation or by action by the Federal 
     Aviation Administration, on or after January 1, 2001, and 
     before the date of enactment of this Act shall be reinstated 
     effective as of such date of enactment and no further 
     changes, modifications, or elimination of any other air tour 
     route flown by an air tour company based in Clark County, 
     Nevada or at the Grand Canyon National Park Airport, Tusayan, 
     Arizona may be made after such date of enactment without the 
     approval of Congress.
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