What This Bill Does
This bill sets safety and noise limits for commercial air tour flights. It requires tours to follow specific flying rules and gives states, local governments, and tribal nations power to add their own restrictions on tour flights.
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Who It Affects
- Operators of commercial air tour flights
- Pilots flying commercial air tours
- States and local governments
- Tribal nations
- Federal Aviation Administration (FAA)
- People living near flight paths
- National parks, wildlife refuges, military installations and cemeteries
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Key Provisions
- Commercial air tours cannot fly within half a mile of military installations, national cemeteries, national wilderness areas, national parks or national wildlife refuges (Sec. 2(a))
- Commercial air tours must use ADS-B Out equipment (a tracking system) during their entire operation (Sec. 2(b))
- Commercial air tours cannot fly lower than 1,500 feet altitude, except during takeoff and landing or in emergencies (Sec. 2(d))
- Commercial air tours flying within half a mile of occupied areas must use noise suppression technology (a system that reduces sound) to keep noise at or below 55 decibels or whatever the local noise requirement is (Sec. 2(e))
- States, local governments and tribal nations can impose additional restrictions including banning tours, limiting flight times, controlling the number of daily flights, and requiring quieter operations (Sec. 3(a), Sec. 6(a))
- All commercial air tours must operate under Part 135 regulations and cannot operate under Part 91 regulations (Sec. 7(b))
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What Changes
If this becomes law, commercial air tour operators will face strict altitude and noise requirements. Tours will be banned from protected areas like national parks and military bases. States, cities and tribal nations gain the power to restrict or ban tours in their areas. The FAA must update its noise rules and require all tours to use tracking equipment. The FAA must also implement safety recommendations from the National Transportation Safety Board (NTSB) for tour operators.
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Important Definitions
- **Commercial air tour:** Any flight for money where sightseeing or intentional parachuting is a purpose
- **Altitude:** The distance above ground level between an aircraft and the highest obstacle within 2 miles
- **dbA:** A measurement of sound level using an A-weighted sound level meter
- **Occupied area:** Land used by people including homes, businesses and recreation areas
- **Administrator:** The head of the Federal Aviation Administration
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1071
To impose safety requirements on commercial air tour flights, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 17, 2023
Mr. CASE (for himself, Mr. NADLER, Ms. NORTON, Ms. TOKUDA, Mr. SHER-
MAN, Ms. VELA´ZQUEZ, and Mr. GOLDMAN of New York) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
To impose safety requirements on commercial air tour
flights, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Safe and Quiet Skies
4
Act of 2023’’.
5
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SEC. 2. REQUIREMENTS FOR COMMERCIAL AIR TOUR
1
FLIGHTS.
2
(a)
PROHIBITION
OF
OVERFLIGHTS.—Notwith-
3
standing any other provision of law, a commercial air tour
4
may not operate within a half mile of the following:
5
(1) A military installation.
6
(2) A national cemetery.
7
(3) A unit of the National Wilderness Preserva-
8
tion System.
9
(4) A unit of the National Park System.
10
(5) A unit of the National Wildlife Refuge Sys-
11
tem.
12
(b) USE
OF AUTOMATIC DEPENDENT SURVEIL-
13
LANCE-BROADCAST
(ADS–B) OUT
EQUIPMENT.—The
14
Administrator of the Federal Aviation Administration
15
shall revise section 91.227 of title 14, Code of Federal
16
Regulations, to require the use of ADS–B Out (as such
17
term is defined in such section) during the entire oper-
18
ation of a commercial air tour.
19
(c) STERILE COCKPIT RULE.—The Administrator
20
shall issue such regulations as are necessary to—
21
(1) impose the requirements of section 121.542
22
of title 14, Code of Federal Regulations, on a com-
23
mercial air tour and a pilot of a commercial air tour
24
(including a commercial air tour that does not hold
25
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•HR 1071 IH
a certificate under part 121 of title 14, Code of Fed-
1
eral Regulations);
2
(2) define tour-giving and providing an oral
3
narration of the air tour as duties that are not re-
4
quired for the safe operation of the aircraft for a
5
commercial air tour (including a commercial air tour
6
that does not hold a certificate under part 121 of
7
title 14, Code of Federal Regulations); and
8
(3) define a critical phase of flight for a com-
9
mercial air tour (including a commercial air tour
10
that does not hold a certificate under part 121 of
11
title 14, Code of Federal Regulations) to include all
12
ground operations involving taxi, takeoff, and land-
13
ing, and all other flight operations regardless of alti-
14
tude of operation.
15
(d) MINIMUM ALTITUDES.—
16
(1) IN GENERAL.—Notwithstanding any other
17
provision of law, a commercial air tour may not op-
18
erate at an altitude of less than 1,500 feet.
19
(2) EXCEPTIONS.—
20
(A) SAFE
HARBOR.—An operator of a
21
commercial air tour may fly below the altitude
22
described in paragraph (1) for reasons of safety
23
if unpredictable circumstances occur.
24
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(B) FAA REQUIREMENTS.—The Adminis-
1
trator may permit an operator of a commercial
2
air tour to operate below the altitude described
3
in paragraph (1) for flight operations for take-
4
off and landing.
5
(3) RULE OF CONSTRUCTION.—If a reasonable
6
individual would believe a commercial air tour could
7
not safely fly at a minimum altitude of 1,500 feet
8
for the duration of the flight given the conditions at
9
takeoff, the safe harbor described in paragraph
10
(2)(A) shall not apply.
11
(e) OCCUPIED AREAS.—
12
(1) IN GENERAL.—Notwithstanding any other
13
provision of law, a commercial air tour may not op-
14
erate within half a mile of an occupied area unless
15
the aircraft has noise suppression technology that
16
brings noise to the lesser of—
17
(A) a maximum level of 55 dbA as meas-
18
ured from such occupied area; and
19
(B) a maximum level required in such oc-
20
cupied area by a requirement imposed pursuant
21
to section 3(a) of this Act or section 40128(e)
22
of title 49, United States Code.
23
(2) REGULATIONS.—The Administrator shall
24
revise subparts F and H of part 36 of title 14, Code
25
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•HR 1071 IH
of Federal Regulations, and related appendices, to
1
reduce noise limits in accordance with paragraph
2
(1).
3
SEC. 3. DELEGATED AUTHORITY TO STATE AND LOCAL
4
REGULATORS.
5
(a) IN GENERAL.—Notwithstanding any other provi-
6
sion of law, a State or locality may impose additional re-
7
quirements on commercial air tours (but may not waive
8
any requirements described in this Act or in the amend-
9
ments made by this Act), including—
10
(1) banning such tours;
11
(2) imposing day and time flight restrictions;
12
(3) regulating the total number of flights per
13
day;
14
(4) regulating route requirements over occupied
15
areas;
16
(5) prohibiting flights over State or local parks,
17
ocean recreation, cemeteries, and other areas of
18
State interest; and
19
(6) requiring commercial air tours to operate at
20
lower decibels for purposes of noise requirements.
21
(b) FAA EXCEPTIONS.—The Administrator may in-
22
validate a requirement imposed pursuant to subsection (a)
23
if required for flight operations for takeoff and landing.
24
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SEC. 4. PUBLIC ENGAGEMENT THROUGHOUT FEDERAL
1
AND STATE REGULATORY PROCESS.
2
During the promulgation of any regulation required
3
by this Act or the drafting and update of the Air Tours
4
Common Procedural Manuals, the requirements of the Ad-
5
ministrative Procedure Act shall apply.
6
SEC. 5. PENALTIES.
7
The Administrator shall impose penalties for viola-
8
tions of this Act or the amendments made by this Act,
9
including revoking any certifications or permits issued to
10
operate a commercial air tour.
11
SEC. 6. CONFORMING AMENDMENTS.
12
(a) IN GENERAL.—Section 40128 of title 49, United
13
States Code, is amended—
14
(1) in the section heading by striking ‘‘na-
15
tional parks’’ and inserting ‘‘tribal lands’’;
16
(2) by striking ‘‘a national park or’’ in each
17
place in which it appears;
18
(3) by striking ‘‘park or’’ in each place in which
19
it appears;
20
(4) in subsection (a)(1)(C), by striking ‘‘or vol-
21
untary agreement under subsection (b)(7)’’;
22
(5) by striking subsection (a)(2) and inserting
23
the following:
24
‘‘(2) APPLICATION
FOR
OPERATING
AUTHOR-
25
ITY.—Before commencing commercial air tour oper-
26
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•HR 1071 IH
ations over tribal lands, a commercial air tour oper-
1
ator shall apply to the Administrator for authority
2
to conduct the operations over the tribal lands.’’;
3
(6) by striking subsection (a)(3);
4
(7) by redesignating paragraph (4) of sub-
5
section (a) as paragraph (3);
6
(8) by striking subsection (a)(5);
7
(9) in subsection (b)(1)(A)—
8
(A) by striking ‘‘over the park’’ and insert-
9
ing ‘‘over the lands’’; and
10
(B) by striking ‘‘paragraph (4)’’ and in-
11
serting ‘‘paragraph (3)’’;
12
(10) by striking subsection (b)(1)(C);
13
(11) by striking subsection (b)(3);
14
(12) by redesignating paragraphs (4) through
15
(6) of subsection (b) as paragraphs (3) through (5),
16
respectively;
17
(13) by striking subsection (b)(7);
18
(14) by striking subsection (c)(2)(B);
19
(15)
by
redesignating
subparagraphs
(C)
20
through (I) of subsection (c)(2) as subparagraphs
21
(B) through (H), respectively;
22
(16) in subsection (c)(3)(B), by striking ‘‘at
23
the’’ in each place in which it appears;
24
(17) in subsection (d)(1)—
25
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•HR 1071 IH
(A) by striking ‘‘over a national park
1
under interim operating authority granted
2
under subsection (c) or’’; and
3
(B) by striking ‘‘or voluntary agreement’’;
4
(18) by striking subsection (e);
5
(19) by striking subsection (f) and inserting the
6
following:
7
‘‘(e) TRIBAL AUTHORITY.—
8
‘‘(1) IN GENERAL.—Notwithstanding any other
9
provision of law, a tribal entity may impose addi-
10
tional requirements on commercial air tours (but
11
may not waive any requirements described in the
12
Safe and Quiet Skies Act of 2023 or in the amend-
13
ments made by the Safe and Quiet Skies Act of
14
2023), including—
15
‘‘(A) banning such tours;
16
‘‘(B) imposing day and time flight restric-
17
tions;
18
‘‘(C) regulating the total number of flights
19
per day;
20
‘‘(D) regulating route requirements over
21
occupied areas;
22
‘‘(E) prohibiting flights over tribal parks,
23
ocean recreation, cemeteries, and other areas of
24
tribal interest; and
25
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•HR 1071 IH
‘‘(F) requiring commercial air tours to op-
1
erate at lower decibels for purposes of noise re-
2
quirements.
3
‘‘(2) FAA EXCEPTIONS.—The Administrator of
4
the Federal Aviation Administration may invalidate
5
a regulation imposed pursuant to paragraph (1) if
6
required for flight operations for takeoff and land-
7
ing.
8
‘‘(3) TRIBAL ENTITY.—In this subsection, the
9
term ‘tribal entity’ means—
10
‘‘(A) a tribal organization (as such term is
11
defined in section 4 of the Indian Self-Deter-
12
mination and Education Assistance Act of 1975
13
(25 U.S.C. 5304));
14
‘‘(B) a tribally designated housing entity
15
(as such term is defined in section 4 of the Na-
16
tive American Housing Assistance and Self-De-
17
termination Act of 1996 (25 U.S.C. 4103)); or
18
‘‘(C) an Indian-owned business or a tribal
19
enterprise (as such terms are defined in section
20
3 of the Native American Business Develop-
21
ment, Trade Promotion, and Tourism Act of
22
2000 (25 U.S.C. 4302)).’’;
23
(20) in subsection (g)(1), by striking ‘‘over a
24
national park’’ and inserting ‘‘over tribal lands’’;
25
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•HR 1071 IH
(21) in subsection (g)(2), by striking ‘‘over a
1
national park’’ and inserting ‘‘over tribal lands’’;
2
(22) by striking subsection (g)(4);
3
(23) by redesignating paragraphs (5) through
4
(8) of subsection (g) as paragraphs (4) through (7),
5
respectively; and
6
(24) by redesignating subsection (g) as sub-
7
section (f).
8
(b) ANALYSIS.—The table of section for chapter 401
9
of title 49, United States Code, is amended by striking
10
the item relating to section 40128 and inserting the fol-
11
lowing:
12
‘‘40128. Overflights of tribal lands.’’.
SEC. 7. NTSB RECOMMENDATIONS.
13
(a) IN GENERAL.—The Administrator shall imple-
14
ment all recommendations concerning operators under
15
part 135 of title 14, Code of Federal Regulations, that—
16
(1) were issued by the National Transportation
17
Safety Board; and
18
(2) are considered by the Board to be open un-
19
acceptable response.
20
(b) PART 135 REGULATION.—The Administrator—
21
(1) shall require all commercial air tours to op-
22
erate pursuant to part 135 of title 14, Code of Fed-
23
eral Regulations; and
24
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(2) may not permit a commercial air tour to op-
1
erate pursuant to part 91 of title 14, Code of Fed-
2
eral Regulations.
3
SEC. 8. DEFINITIONS.
4
In this Act, the following definitions apply:
5
(1) ADMINISTRATOR.—The term ‘‘Adminis-
6
trator’’ means the Administrator of the Federal
7
Aviation Administration.
8
(2) ALTITUDE.—The term ‘‘altitude’’ means
9
the distance above ground level between an aircraft
10
and the highest obstacle that is within 2 miles of the
11
location over which such aircraft is flying at any
12
time.
13
(3) COMMERCIAL AIR TOUR.—The term ‘‘com-
14
mercial air tour’’ means any flight conducted for
15
compensation or hire in a powered aircraft where a
16
purpose of the flight is sightseeing or intentional
17
parachuting. If the operator of a flight asserts that
18
the flight is not a commercial air tour, factors that
19
can be considered by the Administrator in making a
20
determination of whether the flight is a commercial
21
air tour include—
22
(A) whether there was a holding out to the
23
public of willingness to conduct a sightseeing or
24
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intentional parachuting flight for compensation
1
or hire;
2
(B) whether a narrative was provided that
3
referred to areas or points of interest on the
4
surface;
5
(C) the area of operation;
6
(D) the frequency of flights;
7
(E) the route of flight;
8
(F) the inclusion of sightseeing or inten-
9
tional parachuting flights as part of any travel
10
arrangement package; or
11
(G) whether the flight in question would or
12
would not have been canceled based on poor vis-
13
ibility of the surface.
14
(4) dbA.—The term ‘‘dbA’’ means the A-
15
weighted sound level or unit of measurement de-
16
scribing the total sound level of all noises as meas-
17
ured with a sound level meter using the A weighting
18
network.
19
(5) OCCUPIED
AREA.—The term ‘‘occupied
20
area’’ means land area that is used by people, in-
21
cluding residential areas, commercial areas, and rec-
22
reational areas.
23
Æ
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