101st CONGRESS

 

                                 2d Session

 

                                   S. 3094

 

                                   A BILL

 

To authorize certain programs of the Federal Aviation Administration, to

require the Calendar No. 987

 

Secretary of Transportation to implement a National Noise

Policy, to authorize airport passenger facility charges as an exception to

the general prohibition of State taxation of air commerce, and to repeal

certain regulations pertaining to airport operating slots.

 

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                October 16 (legislative day, OCTOBER 2), 1990

 

                         Reported with an amendment

 

S3094 RS

 

                              Calendar No. 987

 

                               101st CONGRESS

 

                                 2d Session

 

                                   S. 3094

 

To authorize certain programs of the Federal Aviation Administration, to

require the Secretary of Transportation to implement a National Noise

Policy, to authorize airport passenger facility charges as an exception to

the general prohibition of State taxation of air commerce, and to repeal

certain regulations pertaining to airport operating slots.

 

                     IN THE SENATE OF THE UNITED STATES

 

             September 24 (legislative day, SEPTEMBER 10), 1990

 

Mr. FORD (for himself, Mr. MCCAIN, and Mr. DANFORTH) introduced the

following bill; which was read twice and referred to the Committee on

Commerce, Science, and Transportation

 

                October 16 (legislative day, OCTOBER 2), 1990

 

Reported by Mr. HOLLINGS with an amendment

 

  [Strike out all after the enacting clause and insert the part printed in

                                   italic]

 

  ------------------------------------------------------------------------

 

                                   A BILL

 

To authorize certain programs of the Federal Aviation Administration, to

require the Secretary of Transportation to implement a National Noise

Policy, to authorize airport passenger facility charges as an exception to

the general prohibition of State taxation of air commerce, and to repeal

certain regulations pertaining to airport operating slots.

 

     Be it enacted by the Senate and House of Representatives of the United

     States of America in Congress assembled,

 

 

TITLE I--SHORT TITLE; FINDINGS

 

SEC. 101. SHORT TITLE.

 

     This Act may be cited as the `Airport Capacity Act of 1990'.

 

SEC. 102. FINDINGS.

 

     The Congress finds that--

 

          (1) aviation noise management is crucial to the continued increase

          in airport capacity;

 

          (2) community noise concerns have led to uncoordinated and

          inconsistent restrictions on aviation which have impeded its

          ability to meet transportation needs, and are imposing undue

          burdens on interstate and foreign commerce;

 

          (3) a noise policy must be implemented at the national level;

 

          (4) local interest in aviation noise management shall be

          considered in determining the national interest;

 

          (5) community concerns can be alleviated through the technology

          aircraft, combined with the use of revenues, including those

          available from passenger facility charges, for noise management;

 

          (6) federally controlled revenues can help resolve noise problems

          and carry with them a responsibility to the national airport

          system;

 

          (7) a precondition to the establishment or collection of a

          passenger facility charge shall be the establishment by the

          Secretary of Transportation of a national noise policy;

 

          (8) revenues derived from a passenger facility charge may be

          applied to noise management and increased airport capacity;

 

          (9) provisions of subpart S of part 93 of title 14, Code of

          Federal Regulations (known as the `buy-sell rule'), which allow a

          public right to be used as a private asset, not only restrict

          competition at the four airports whose use is controlled through

          slots but also can impede competition in air transportation

          throughout the northeastern and midwestern United States;

 

          (10) passengers pay higher fares at slot controlled airports than

          at other airports;

 

          (11) increasing the number of slots at high density traffic

          airports will make it easier for carriers not already engaged in

          regular operations at those airports to achieve regular

          operations; and

 

          (12) improvements in the air traffic control system since the

          initiation of slot controls, including new technology and new

          methods of regulating air traffic, necessitate a complete review

          of the practice of using slots to control access to high density

          traffic airports.

 

 

TITLE III--NATIONAL AVIATION NOISE POLICY

 

SEC. 301. NATIONAL AVIATION NOISE POLICY DEVELOPMENT.

 

     (a) The Secretary of Transportation shall, by regulation, not later

     than January 1, 1992, develop and articulate a National Aviation Noise

     Policy which takes into account the findings and determinations and

     provisions of this section.

 

     (b) The National Aviation Noise Policy shall include the establishment

     of a date or dates for the phasing out of stage 2 technology aircraft

     as part of a comprehensive national noise management scheme. Such

     consideration must include a detailed economic analysis of the impact

     of any phaseout date on competition in the airline industry, including

     the carriers' ability to achieve capacity growth consistent with the

     projected rate of growth for the industry; the impact of constrained

     capacity and aircraft prices on airfares and competition within the

     airline and air cargo industries; the impact on non-hub and smaller

     community air service and the impact of such a phaseout on new entry

     into the airline industry. No phaseout date shall be approved if it

     would result in an unreasonably adverse impact on any of these

     considerations.

 

SEC. 302. NOISE AND ACCESS RESTRICTION REVIEWS.

 

     (a) The National Aviation Noise Policy shall require the establishment

     of a program for the mandatory review and approval of all existing or

     proposed local airport noise or access restrictions by the Federal

     Aviation Administration, except for restrictions which have been

     approved by the Federal Aviation Administration by regulation prior to

     enactment of this Act.

 

     (b) No airport noise or access restriction could be submitted for

     approval or approved in accordance with the program if it contains any

     restriction on the operation of a stage 3, quiet technology aircraft,

     including but not limited to--

 

          (1) any restriction as to noise levels generated on either a

          single event or cumulative basis;

 

          (2) any limit, direct or indirect, on the total number of stage 3

          aircraft operations;

 

          (3) any noise budget or noise allocation program which would

          include stage 3 aircraft;

 

          (4) any restriction imposing limits on hours of operations;

 

          (5) any other limit on stage 3 aircraft.

 

     (c) No airport noise or access restriction could include a restriction

     on other than stage 3 aircraft, unless the airport operator submitting

     the existing or proposed noise or access regulation to the

     Administrator for review and approval in accordance with this Act has

     submitted concurrently--

 

          (1) a complete analysis of the anticipated or actual costs and

          benefits of the existing or proposed noise regulation;

 

          (2) a detailed description of alternative regulations;

 

          (3) a detailed description of the alternative measures considered

          not involving aircraft restrictions, and a comparison of the costs

          and benefits of such alternative measures to the costs and

          benefits of the proposed noise or access regulation. The analysis

          of anticipated costs and benefits shall include an estimate of the

          potential economic and operational impact of the noise or access

          regulation on the national air transportation system.

 

     (d) After review of the information described in subparagraph (c) and

     any other information the Administrator deems necessary, the

     Administrator shall approve or disapprove such proposed noise

     regulation subject to the provision of subsection (e).

 

     (e) The Administrator shall not approve a noise or access regulation

     unless the Administrator finds the following conditions to be supported

     by substantial evidence--

 

          (1) the regulation is reasonable, nonarbitrary and

          nondiscriminatory;

 

          (2) the regulation does not create an undue burden on interstate

          or foreign commerce;

 

          (3) the regulation is not inconsistent with maintaining the safe

          and efficient utilization of the navigable airspace;

 

          (4) the regulation does not conflict with any existing Federal

          statute or regulation;

 

          (5) the airport operator provided an adequate opportunity for

          public comment with respect to the regulation;

 

          (6) the airport operator's rejection of alternative means of

          minimizing or otherwise managing noise was reasonable; and

 

          (7) the benefits accruing from the regulation outweigh the

          associated costs, including all costs attributable to the impact

          or potential impact of the regulation on the national air

          transportation system.

 

     (f) Sponsors of facilities operating under noise or access restrictions

     at the time of passage of this Act, except as specified in subsection

     (a), shall not be eligible to impose a Passenger Facility Charge, and

     shall not be eligible for grants authorized by section 505 of the

     Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2204) 90

     days after the date on which the Secretary promulgates the final rule

     called for under section 301 of this Act, unless the Administrator has

     approved the restriction under section (e), or the restriction has been

     rescinded.

 

     (g) The Administrator shall reevaluate any previously approved noise

     regulation upon the request of any aircraft or airport operator able to

     demonstrate to the satisfaction of the Administrator that there has

     been a change in the noise environment of the affected airport and that

     a review and reevaluation of the benefits and costs of the previously

     approved noise regulation is therefore justified.

 

     (h) The Administrator shall establish by regulation procedures under

     which the evaluation provided in subsection (g) of this section shall

     be accomplished. Such evaluation shall not occur less than 2 years

     after a determination under subsection (g) of this section has been

     made.

 

SEC. 303. FEDERAL LIABILITY FOR NOISE DAMAGES.

 

     In the event of a disapproval of a proposed noise or access

     restriction, the Federal Government shall assume liability for noise

     damages only to the extent that a taking has occurred as a direct

     result of such disapproval. Action for the resolution of such a case

     shall be brought solely in the United States Claims Court.

 

SEC. 304. PRIVATE RIGHT OF ACTION.

 

     An aircraft operator may commence a civil action against an airport

     proprietor for the purpose of protecting its rights under this title,

     in any United States District Court without regard to citizenship or

     amount in controversy.

 

SEC. 305. LIMITATION ON AIRPORT IMPROVEMENT PROGRAM REVENUE.

 

     Under no conditions shall any airport receive revenues under the

     provisions of the Airport and Airway Improvement Act of 1982, as

     amended, or impose or collect a passenger facility charge, unless the

     Administrator--

 

          (1) has approved any noise or access restriction in place at that

          airport; and

 

          (2) assures that the airport is not imposing any noise or access

          restriction not submitted and approved in compliance with this

          title.

 

SEC. 306. NOISE COMPATIBILITY PROGRAM.

 

     No proposal for the imposition of a passenger facility charge shall be

     approved by the Secretary if the airport has not conducted an airport

     noise compatibility program pursuant to section 104(b) of the Aviation

     Safety and Noise Abatement Act of 1979.