[House Report 110-900]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-900

======================================================================



 
          HALTING AIRPLANE NOISE TO GIVE US PEACE ACT OF 2008

                                _______
                                

 September 28, 2008.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5788]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5788) to amend title 49, United 
States Code, to establish prohibitions against voice 
communications using a mobile communications device on 
commercial airline flights, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Halting Airplane Noise to Give Us 
Peace Act of 2008''.

SEC. 2. PROHIBITIONS AGAINST VOICE COMMUNICATIONS USING MOBILE 
                    COMMUNICATIONS DEVICES ON SCHEDULED FLIGHTS.

  (a) In General.--Subchapter I of chapter 417 of title 49, United 
States Code, is amended by adding at the end the following:

``Sec. 41724. Prohibitions against voice communications using mobile 
                    communications devices on scheduled flights

  ``(a) Interstate and Intrastate Air Transportation.--
          ``(1) In general.--An individual may not engage in voice 
        communications using a mobile communications device in an 
        aircraft during a flight in scheduled passenger interstate air 
        transportation or scheduled passenger intrastate air 
        transportation.
          ``(2) Exceptions.--The prohibition described in paragraph (1) 
        shall not apply to--
                  ``(A) a member of the flight crew or flight 
                attendants on an aircraft; or
                  ``(B) a Federal law enforcement officer acting in an 
                official capacity.
  ``(b) Foreign Air Transportation.--
          ``(1) In general.--The Secretary of Transportation shall 
        require all air carriers and foreign air carriers to adopt the 
        prohibition described in subsection (a) with respect to the 
        operation of an aircraft in scheduled passenger foreign air 
        transportation.
          ``(2) Alternate prohibition.--If a foreign government objects 
        to the application of paragraph (1) on the basis that paragraph 
        (1) provides for an extraterritorial application of the laws of 
        the United States, the Secretary may waive the application of 
        paragraph (1) to a foreign air carrier licensed by that foreign 
        government until such time as an alternative prohibition on 
        voice communications using a mobile communications device 
        during flight is negotiated by the Secretary with such foreign 
        government through bilateral negotiations.
  ``(c) Definitions.--In this section, the following definitions apply:
          ``(1) Flight.--The term `flight' means the period beginning 
        when an aircraft takes off and ending when an aircraft lands.
          ``(2) Voice communications using a mobile communications 
        device.--
                  ``(A) Inclusions.--The term `voice communications 
                using a mobile communications device' includes voice 
                communications using--
                          ``(i) a commercial mobile radio service or 
                        other wireless communications device;
                          ``(ii) a broadband wireless device or other 
                        wireless device that transmits data packets 
                        using the Internet Protocol or comparable 
                        technical standard; or
                          ``(iii) a device having voice override 
                        capability.
                  ``(B) Exclusion.--Such term does not include voice 
                communications using a phone installed on an aircraft.
  ``(d) Safety Regulations.--This section shall not be construed to 
affect the authority of the Secretary to impose limitations on voice 
communications using a mobile communications device for safety reasons.
  ``(e) Regulations.--The Secretary shall prescribe such regulations as 
are necessary to carry out this section.''.
  (b) Clerical Amendment.--The analysis for such subchapter is amended 
by adding at the end the following:

``41724. Prohibitions against voice communications using mobile 
communications devices on scheduled flights.''.

                       Purpose of the Legislation

    H.R. 5788, as amended, the ``Halting Airplane Noise to Give 
Us Peace Act of 2008'', prohibits voice communications using 
mobile communications devices in an aircraft during a flight of 
scheduled passenger inter- or intra-state air transportation. 
This prohibition includes conventional commercial mobile 
communications devices, voice over the Internet applications, 
and voice override capabilities. The flight crew is not covered 
by this restriction and it does not affect the use of 
telephones already installed in the aircraft. The Secretary of 
Transportation shall require all air carriers and foreign air 
carriers to adopt the cell phone prohibition, however, if a 
foreign government objects to the application of the provision, 
then the Secretary may waive the application at such time as an 
alternative prohibition on voice communications can be 
negotiated by the Secretary with the foreign government.

                  Background and Need for Legislation

    The Federal Aviation Administration (``FAA'') regulations 
currently prohibit the use of cellular phones, wireless 
communications devices and other portable electronic devices 
(``PEDs'') with radio transmitters (e.g., BlackBerry handhelds) 
while onboard U.S.-registered civil aircraft because of 
concerns related to interference with aircraft communications 
and navigation equipment, or avionics. However, portable voice 
recorders, hearing aids, heart pacemakers, and electronic 
shavers are permitted. FAA regulations also allow passengers to 
use PEDs without radio transmitters (e.g., laptops) at 
altitudes above 10,000 feet, on a case-by-case basis, if an 
airline demonstrates that there would be no interference with 
navigation or communications equipment during critical flight 
phases.
    The Federal Communications Commission (``FCC'') rules 
prohibit the use of cellular phones using the 800 MHz frequency 
and other wireless devices on airborne aircraft. This ban was 
put in place because of potential interference to wireless 
networks on the ground. In March 2007, the FCC terminated a 
proceeding that it began in late 2004 to consider potentially 
lifting this ban. However, the FCC has approved rules that 
allow in-flight voice and data services, including broadband 
services using dedicated air-to-ground frequencies that were 
previously used for seat-back telephone service. Air-to-ground 
service providers are in the process of rolling out new in-
flight services, such as high-speed Internet access for laptop 
computers. Such services, if offered by an airline, would also 
have to meet FAA safety requirements.
    European airlines are in a different situation. In 2008, 
the European Commission introduced new European-wide 
regulations to harmonize the technical and licensing 
requirements for the use of cell phones onboard aircraft 
throughout Europe. As a result of this decision, some European 
airlines are planning to allow passengers to use cell phones 
during flight.

                       Summary of the Legislation


Section 1. Short title

    Section 1 denotes the short title of the bill as the 
``Halting Airplane Noise to Give Us Peace Act of 2008''.

Section 2. Prohibitions against voice communications using mobile 
        communications devices on scheduled flights

    Section 2, subsection (a) adds section 41724 of Title 49, 
United States Code, to prohibit voice communication with 
exceptions for flight crew and Federal law enforcement 
officers; allows the Secretary of Transportation to make 
exemptions for foreign air carriers; and defines the terms 
flight and voice communication using a mobile communications 
device. Subsection (b) adds a clerical amendment.

            Legislative History and Committee Consideration

    On April 15, 2008, Representative Peter A. DeFazio 
introduced H.R. 5788. This bill has not been introduced in a 
previous Congress.
    On July 31, 2008, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 5788. The 
Committee adopted an amendment in the nature of a substitute to 
H.R. 5788 making technical clarifying changes to the bill. The 
amendment was adopted by voice vote and the Committee ordered 
the bill reported favorably to the House by voice vote with a 
quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with consideration 
of H.R. 5788 or ordering the bill reported. A motion to order 
H.R. 5788 reported favorably to the House was agreed to by 
voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
clause 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
prohibit voice communications using mobile communications 
devices in an aircraft during a flight of scheduled passenger 
inter- or intra-state air transportation.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 5788 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 15, 2008.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5788, the Halting 
Airplane Noise to Give Us Peace Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll (for federal costs) and Jacob Kuipers (for the impact 
on the private sector).
            Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure.

H.R. 5788--Halting Airplane Noise to Give Us Peace Act of 2008

    H.R. 5788 would prohibit airline passengers from using 
certain communication devices during flights. CBO estimates 
that enacting this bill would not affect federal spending or 
revenues. H.R. 5788 contains no intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
not affect the budgets of state, local, or tribal governments.
    H.R. 5788 would impose private-sector mandates, as defined 
in UMRA, on airline passengers and air carriers. The bill would 
prohibit passengers from talking on cell phones or using 
services known as voice over Internet protocol (VOIP) during a 
domestic commercial flight. The bill also would require air 
carriers to adopt this prohibition during international 
flights. Rules by the Federal Aviation Administration and the 
Federal Communications Commission currently prohibit the use of 
cell phones during a flight but do not prohibit air passengers 
from using VOIP services. According to industry 
representatives, few air carriers offer Internet services 
during flights, and none of those air carriers allow the use of 
VOIP services. Therefore, CBO estimates that the cost of the 
mandates would fall well below the annual threshold established 
in UMRA for private-sector mandates ($136 million in 2008, 
adjusted annually for inflation).
    The CBO staff contacts for this estimate are Megan Carroll 
(for federal costs) and Jacob Kuipers (for the impact on the 
private sector). This estimate was approved by Theresa Gullo, 
Deputy Assistant Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 5788 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt State, local, 
or tribal law. The Committee states that H.R. 5788 does not 
preempt any State, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *



SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *


PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *



SUBPART II--ECONOMIC REGULATION

           *       *       *       *       *       *       *



                  CHAPTER 417--OPERATIONS OF CARRIERS


                       SUBCHAPTER I--REQUIREMENTS

Sec.
41701.  Classification of air carriers.
     * * * * * * *
41724.  Prohibitions against voice communications using mobile 
          communications devices on scheduled flights.
     * * * * * * *

SUBCHAPTER I--REQUIREMENTS

           *       *       *       *       *       *       *


Sec. 41724. Prohibitions against voice communications using mobile 
                    communications devices on scheduled flights

  (a) Interstate and Intrastate Air Transportation.--
          (1) In general.--An individual may not engage in 
        voice communications using a mobile communications 
        device in an aircraft during a flight in scheduled 
        passenger interstate air transportation or scheduled 
        passenger intrastate air transportation.
          (2) Exceptions.--The prohibition described in 
        paragraph (1) shall not apply to--
                  (A) a member of the flight crew or flight 
                attendants on an aircraft; or
                  (B) a Federal law enforcement officer acting 
                in an official capacity.
  (b) Foreign Air Transportation.--
          (1) In general.--The Secretary of Transportation 
        shall require all air carriers and foreign air carriers 
        to adopt the prohibition described in subsection (a) 
        with respect to the operation of an aircraft in 
        scheduled passenger foreign air transportation.
          (2) Alternate prohibition.--If a foreign government 
        objects to the application of paragraph (1) on the 
        basis that paragraph (1) provides for an 
        extraterritorial application of the laws of the United 
        States, the Secretary may waive the application of 
        paragraph (1) to a foreign air carrier licensed by that 
        foreign government until such time as an alternative 
        prohibition on voice communications using a mobile 
        communications device during flight is negotiated by 
        the Secretary with such foreign government through 
        bilateral negotiations.
  (c) Definitions.--In this section, the following definitions 
apply:
          (1) Flight.--The term ``flight'' means the period 
        beginning when an aircraft takes off and ending when an 
        aircraft lands.
          (2) Voice communications using a mobile 
        communications device.--
                  (A) Inclusions.--The term ``voice 
                communications using a mobile communications 
                device'' includes voice communications using--
                          (i) a commercial mobile radio service 
                        or other wireless communications 
                        device;
                          (ii) a broadband wireless device or 
                        other wireless device that transmits 
                        data packets using the Internet 
                        Protocol or comparable technical 
                        standard; or
                          (iii) a device having voice override 
                        capability.
                  (B) Exclusion.--Such term does not include 
                voice communications using a phone installed on 
                an aircraft.
  (d) Safety Regulations.--This section shall not be construed 
to affect the authority of the Secretary to impose limitations 
on voice communications using a mobile communications device 
for safety reasons.
  (e) Regulations.--The Secretary shall prescribe such 
regulations as are necessary to carry out this section.

           *       *       *       *       *       *       *


                                  
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