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]
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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.