,i #aafth ,,congress #ast ,session ,h4 ,r4 #dedg ,,in ,,the ,,house ,,of ,,representatives ,september #bg1 #bjai,mr4 ,case 7for himself and ,mr4 ,sherman7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to impose safety requirements on commercial air tour flights1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safe and ,quiet ,skies ,act of #bjai4 #b4 ,requirements for commercial air tour flights 7a7 ,prohibition of overflights ,notwithstanding any other provision of law1 a commercial air tour may not operate within a half mile of the following3 7#a7 ,a military installation4 7#b7 ,a national cemetery4 7#c7 ,a unit of the ,national ,wilderness ,preservation ,system4 7#d7 ,a unit of the ,national ,park ,system4 7#e7 ,a unit of the ,national ,wildlife ,refuge ,system4 7b7 ,use of ,automatic ,dependent ,surveillance-,broadcast 7,,ads-,b7 ,out equipment ,the ,administrator shall revise section #ia4bbg of title #ad1 ,code of ,federal ,regulations1 to require the use of ,,ads-,b ,out 7as such term is defined in such section7 during the entire operation of a commercial air tour4 7c7 ,sterile cockpit rule ,the ,administrator shall issue such regulations as are necessary to-- 7#a7 impose the requirements of section #aba4edb of title #ad1 ,code of ,federal ,regulations1 on a commercial air tour and a pilot of a commercial air tour 7including a commercial air tour that does not hold a certificate under part #aba of title #ad1 ,code of ,federal ,regulations72 7#b7 define tour-giving and providing an oral narration of the air tour as duties that are not required for the safe operation of the aircraft for a commercial air tour 7including a commercial air tour that does not hold a certificate under part #aba of title #ad1 ,code of ,federal ,regulations72 and 7#c7 define a critical phase of flight for a commercial air tour 7including a commercial air tour that does not hold a certificate under part #aba of title #ad1 ,code of ,federal ,regulations7 to include all ground operations involving taxi1 takeoff1 and landing1 and all other flight operations regardless of altitude of operation4 7d7 ,minimum altitudes 7#a7 ,in general ,notwithstanding any other provision of law1 a commercial air tour may not operate at an altitude of less than #a1ejj feet4 7#b7 ,exceptions 7,a7 ,safe harbor ,an operator of a commercial air tour may fly below the altitude described in paragraph 7#a7 for reasons of safety if unpredictable circumstances occur4 7,b7 ,,faa requirements ,the ,administrator may permit an operator of a commercial air tour to operate below the altitude described in paragraph 7#a7 for flight operations for takeoff and landing4 7#c7 ,rule of construction ,if a reasonable individual would believe a commercial air tour could not safely fly at a minimum altitude of #a1ejj feet for the duration of the flight given the conditions at takeoff1 the safe harbor described in paragraph 7#b77;,a7 shall not apply4 7e7 ,occupied areas 7#a7 ,in general ,notwithstanding any other provision of law1 a commercial air tour may not operate within half a mile of an occupied area unless the aircraft has noise suppression technology that brings noise to the lesser of-- 7,a7 a maximum level of #ee db,a as measured from such occupied area2 and 7,b7 a maximum level required in such occupied area by a requirement imposed pursuant to section #c7;a7 of this ,act or section #djabh7;f7 of title #di1 ,united ,states ,code4 7#b7 ,regulations ,the ,administrator shall revise subparts ,f and ,h of part #cf of title #ad1 ,code of ,federal ,regulations1 and related appendices1 to reduce noise limits in accordance with paragraph 7#a74 #c4 ,delegated authority to ,state and local regulators 7a7 ,in general ,notwithstanding any other provision of law1 a ,state or locality may impose additional requirements on commercial air tours 7but may not waive any requirements described in this ,act or in the amendments made by this ,act71 including-- 7#a7 banning such tours2 7#b7 imposing day and time flight restrictions2 7#c7 regulating the total number of flights per day2 7#d7 regulating route requirements over occupied areas2 7#e7 prohibiting flights over ,state or local parks1 ocean recreation1 cemeteries1 and other areas of ,state interest2 and 7#f7 requiring commercial air tours to operate at lower decibels for purposes of noise requirements4 7b7 ,,faa exceptions ,the ,administrator may invalidate a requirement imposed pursuant to subsection 7a7 if required for flight operations for takeoff and landing4 #d4 ,public engagement throughout ,federal and ,state regulatory process ,during the promulgation of any regulation required by this ,act or the drafting and update of the ,air ,tours ,common ,procedural ,manuals1 the requirements of the ,administrative ,procedure ,act shall apply4 #e4 ,penalties ,the ,administrator shall impose penalties for violations of this ,act or the amendments made by this ,act1 including revoking any certifications or permits issued to operate a commercial air tour4 #f4 ,conforming edits ,section #djabh of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking a national park or in each place in which it appears2 7#b7 by striking park or in each place in which it appears2 7#c7 by striking subsection 7a77#b7 and inserting the following3 7#b7 ,application for operating authority ,before commencing commercial air tour operations over tribal lands1 a commercial air tour operator shall apply to the ,administrator for authority to conduct the operations over the tribal lands4 2 7#d7 by striking subsection 7a77#c72 7#e7 by striking subsection 7a77#e72 7#f7 in subsection 7b77#a77;,a71 by striking over the park and inserting over the lands2 7#g7 by striking subsection 7b77#a77;,c72 7#h7 by striking subsection 7b77#c72 7#i7 by striking subsection 7b77#g72 7#aj7 by striking subsection 7c77#b77;,b72 7#aa7 in subsection 7c77#c77;,b71 by striking at the in each place in which it appears2 7#ab7 in subsection 7d77#a71 by striking over a national park under interim operating authority granted under subsection 7c7 or2 7#ac7 by striking subsection 7e72 7#ad7 by striking subsection 7f7 and inserting the following3 7f7 ,tribal authority 7#a7 ,in general ,notwithstanding any other provision of law1 a tribal entity may impose additional requirements on commercial air tours 7but may not waive any requirements described in the ,safe and ,quiet ,skies ,act of #bjai or in the amendments made by the ,safe and ,quiet ,skies ,act of #bjai71 including-- 7,a7 banning such tours2 7,b7 imposing day and time flight restrictions2 7,c7 regulating the total number of flights per day2 7,d7 regulating route requirements over occupied areas2 7,e7 prohibiting flights over tribal parks1 ocean recreation1 cemeteries1 and other areas of tribal interest2 and 7,f7 requiring commercial air tours to operate at lower decibels for purposes of noise requirements4 7#b7 ,,faa exceptions ,the ,administrator of the ,federal ,aviation ,administration may invalidate a regulation imposed pursuant to paragraph 7#a7 if required for flight operations for takeoff and landing4 7#c7 ,tribal entity ,in this subsection1 the term tribal entity means-- 7,a7 tribal organizations as defined in sections #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act of #aige 7#be ,u4,s4,c4 #ecjd72 7,b7 tribally designated housing entities as defined in section #d7bb7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7bb772 or 7,c7 ,indian-owned businesses and tribal enterprises as defined in sections #c7e7 and #c7h7 of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjb7e7 and 7#h774 2 7#ae7 in subsection 7g77#a71 by striking over a national park and inserting over tribal lands2 7#af7 in subsection 7g77#b71 by striking over a national park and inserting over tribal lands2 and 7#ag7 by striking subsection 7g77#d74 #g4 ,,ntsb recommendations 7a7 ,in general ,the ,administrator shall implement all recommendations concerning operators under part #ace of title #ad1 ,code of ,federal ,regulations1 that-- 7#a7 were issued by the ,national ,transportation ,safety ,board2 and 7#b7 are considered by the ,board to be open unacceptable response4 7b7 ,part #ace regulation ,the ,administrator-- 7#a7 shall require all commercial air tours to operate pursuant to part #ace of title #ad1 ,code of ,federal ,regulations2 and 7#b7 may not permit a commercial air tour to operate pursuant to part #ia of title #ad1 ,code of ,federal ,regulations4 #h4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#b7 ,altitude ,the term altitude means the distance above ground level between an aircraft and the highest obstacle that is within #b miles of the location over which such aircraft is flying at any time4 7#c7 ,commercial air tour ,the term commercial air tour means any flight conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing or intentional parachuting4 ,if the operator of a flight asserts that the flight is not a commercial air tour1 factors that can be considered by the ,administrator in making a determination of whether the flight is a commercial air tour include-- 7,a7 whether there was a holding out to the public of willingness to conduct a sightseeing or intentional parachuting flight for compensation or hire2 7,b7 whether a narrative was provided that referred to areas or points of interest on the surface2 7,c7 the area of operation2 7,d7 the frequency of flights2 7,e7 the route of flight2 7,f7 the inclusion of sightseeing or intentional parachuting flights as part of any travel arrangement package2 or 7,g7 whether the flight in question would or would not have been canceled based on poor visibility of the surface4 7#d7 db,a ,the term db,a means the ,a-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the ,a weighting network4 7#e7 ,occupied area ,the term occupied area means land area that is used by people1 including residential areas1 commercial areas1 and recreational areas4