[Congressional Record Volume 161, Number 165 (Thursday, November 5, 2015)]
[Senate]
[Page S7832]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2765. Mr. McCAIN (for himself and Mr. Flake) submitted an 
amendment intended to be proposed to amendment SA 2763 proposed by Mr. 
Kirk (for himself, Mr. Tester, and Ms. Mikulski) to the bill H.R. 2029, 
making appropriations for military construction, the Department of 
Veterans Affairs, and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title IV, add the following:
       Sec. 411.  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 
     Act).''.
                                 ______