[Congressional Record Volume 165, Number 157 (Friday, September 27, 2019)]
[Extensions of Remarks]
[Page E1223]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              INTRODUCTION OF THE SAFE AND QUIET SKIES ACT

                                 ______
                                 

                              HON. ED CASE

                               of hawaii

                    in the house of representatives

                       Friday, September 27, 2019

  Mr. CASE. Madam Speaker, today I have introduced H.R. 4547, the Safe 
and Quiet Skies Act, to ensure that commercial air tour flights are 
adequately regulated to ensure safety and address current widespread 
community disruption. I extend a special thanks to my colleague, 
Congressman Brad Sherman of California, for cointroducing this 
necessary measure.
   The national problem of inadequately regulated commercial air tour 
flights has been highlighted in my own state of Hawai'i in just the 
last few months. We have seen three dead in the crash of a commercial 
air tour helicopter into a residential neighborhood and eleven more 
dead in the crash of a commercial skydiving plane.
   These tragedies occurred amidst a rapid increase in commercial 
helicopter and small plane overflights of all parts of my state 
including residential, commercial and industrial neighborhoods, 
cemeteries and memorials, land and marine parks and other recreation 
areas, and sensitive military installations. These have disrupted whole 
communities with excessive noise and other impacts, destroyed the peace 
and sanctity of special places, increased risk to not only passengers 
but those on the ground, and weakened security and management of 
defense operations.
   The Federal Aviation Administration (FAA) currently has virtually 
exclusive jurisdiction over these aircraft operations. Following both 
of these recent tragedies, the National Transportation Safety Board 
(NTSB), which is responsible for investigating accidents but not for 
direct safety regulation, strongly recommended to the FAA that safety-
related regulation of commercial tour helicopters and small aircraft 
skydiving operations is generally insufficient.
   Regarding ground disruption and risk, the FAA takes the position 
that its responsibility is strictly operational safety and national 
airspace efficiency and does not extend to ground disruption and other 
negative impacts. As a result, the operators, aside from strict takeoff 
and approach, avoidance of established flight paths and other limited 
circumstances, are virtually free to fly wherever, whenever and as 
often as they want. And they do, with little to no self-regulation.
   This situation is unacceptable for both safety and community impact 
concerns. It is also not limited to Hawai'i, with growing concerns in 
other areas with high commercial tour usage, more dense populations, 
valuable natural resources, significant defense installations and other 
factors.
   This bill would first require the FAA to implement the NTSB's 
recommended enhanced safety regulations. It would also prohibit flights 
over federal property that requires privacy, dignity and respect, to 
include military installations, national cemeteries and national parks, 
wildlife refuges and wilderness. It would further require the use of 
standard equipment to monitor the location of flights, apply the 
``sterile cockpit rule'' to tour flights (meaning in part that the 
pilot could not also be the tour guide), prohibit flights lower than 
1,500 feet over actual ground, and limit decibel levels to those 
commonly applied to operations in residential areas. Additionally, the 
bill would allow states, localities, and tribes to impose stricter 
regulations on tour flights in their jurisdictions with required public 
engagement.
   I look forward to working with my colleagues to pass this bill into 
law.

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