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February 16, 2011, 7:00 pm ET - Amendment SA 71 proposed by Senator Schumer.
February 16, 2011, 7:00 pm ET - Amendment SA 71 agreed to in Senate by Voice Vote.

Full Text of this Amendment

SA 71. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 223, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:
SEC. 733. CONTROLLING HELICOPTER NOISE POLLUTION IN RESIDENTIAL AREAS.
Section 44715 is amended by adding at the end the following:
"(g) Controlling Helicopter Noise Pollution in Residential Areas.--
"(1) IN GENERAL.--Notwithstanding section 47502, not later than the date that is 1 year and 90 days after the date of the enactment of the FAA Air Transportation Modernization and Safety Improvement Act, the Administrator of the Federal Aviation Administration shall prescribe--
"(A) standards to measure helicopter noise; and
"(B) regulations to control helicopter noise pollution in residential areas.
"(2) RULEMAKING WITH RESPECT TO REDUCING HELICOPTER NOISE POLLUTION IN NASSAU AND SUFFOLK COUNTIES IN NEW YORK STATE.--
"(A) IN GENERAL.--Not later than 1 year after the date of the enactment of the FAA Air Transportation Modernization and Safety Improvement Act, and before finalizing the regulations required by paragraph (1), the Administrator shall prescribe regulations with respect to helicopters operating in the counties of Nassau and Suffolk in the State of New York that include--
"(i) requirements with respect to the flight paths and altitudes of helicopters flying over those counties to reduce helicopter noise pollution; and
"(ii) penalties for failing to comply with the requirements described in clause (i).
"(B) APPLICABILITY OF CERTAIN RULEMAKING PROCEDURES.--The requirements of Executive Order 12866 (58 Fed. Reg. 51735; relating to regulatory planning and review) (or any successor thereto) shall not apply to regulations prescribed under subparagraph (A).
"(3) EXCEPTIONS FOR EMERGENCY, LAW ENFORCEMENT, AND MILITARY HELICOPTERS.--In prescribing standards and regulations under paragraphs (1) and (2), the Administrator may provide for exceptions to any requirements with respect to reducing helicopter noise pollution in residential areas for helicopter activity related to emergency, law enforcement, or military activities.".


(As printed in the Congressional Record for the Senate on Feb 10, 2011.)