Restore Everyone's Sleep Tonight Act of 2021 or the REST Act of 2021
This bill authorizes an airport to impose an access restriction between the hours of 10 p.m. and 7 a.m. for aircrafts.
An airport may impose a noise deterrence penalty on an air carrier or aircraft operator for a violation of the access restriction.
The restriction does not apply to the operation of military, law enforcement, and U.S. Coast Guard flights.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4929 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4929
To amend title 49, United States Code, to allow airports to impose an
access restriction for certain hours, to assess certain penalties
against air carriers or aircraft operators, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 3, 2021
Ms. Speier (for herself, Mr. Panetta, Ms. Eshoo, Mr. Sherman, Ms.
Norton, Mr. Quigley, Mr. Khanna, Ms. Lee of California, Mr. Smith of
Washington, and Mr. Raskin) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to allow airports to impose an
access restriction for certain hours, to assess certain penalties
against air carriers or aircraft operators, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore Everyone's Sleep Tonight Act
of 2021'' or the ``REST Act of 2021''.
SEC. 2. AIRPORT ACCESS RESTRICTION.
(a) In General.--Notwithstanding any other provision of law and
except as provided in subsection (b), an airport may impose an access
restriction between the hours of 10 p.m. and 7 a.m. for aircrafts.
(b) Accommodations for Certain Flights.--
(1) Types of flights.--In imposing an access restriction
under subsection (a), an airport shall permit, within the hours
of such access restriction, the operation of military, law
enforcement, and Coast Guard flights.
(2) Exceptional circumstances.--In imposing an access
restriction under subsection (a), an airport may not prohibit
access for--
(A) a flight that is scheduled to arrive or depart
during hours not covered by the access restriction
imposed under subsection (a) and which arrives or
departs during such access restriction due solely to
weather or the safe operation of the aircraft,
including compliance with any safety-related
requirements;
(B) emergency flights;
(C) flights to evacuate natural disasters; and
(D) flights for the purpose of the preservation of
life, health, or safety.
(c) Penalties.--
(1) In general.--An airport may impose a noise deterrence
penalty on an air carrier or aircraft operator for a violation
of the access restriction imposed under subsection (a).
(2) Amount of penalty.--An airport applying penalties under
this subsection shall set a base level for a noise deterrence
penalty under paragraph (1) at an amount sufficient to deter
future violations of the access restriction imposed under
subsection (a).
(3) Increase in penalty.--The airport applying penalties
under this subsection may increase a penalty for a violation of
the access restriction imposed under subsection (a) above the
base amount set under paragraph (2) if an aircraft takeoff or
landing resulted in noise to residents of any unit of local
government exceeding 80 dBA, as evidenced by a noise monitoring
device recognized as authoritative by the airport.
(4) Considerations for a penalty increase.--In determining
whether to increase the penalty above the base amount set under
paragraph (2), an airport may consider the following:
(A) The certified noise level and engine model of
the aircraft.
(B) The time of violation.
(C) Repeat violations by the air carrier or
aircraft operator.
(D) Any other criteria that the airport determines
reflects the noise impacts to residents of the unit of
local government impacted by the violation of
subsection (a).
(5) Use of penalty.--
(A) In general.--Except as provided in subparagraph
(C), penalties collected for a violation of the access
restriction imposed under subsection (a) shall be
remitted to the unit of local government that
experienced the impact of the noise deterrence
violation.
(B) Multiple units of local government.--If
multiple units of local government are impacted by a
violation of the access restriction imposed under
subsection (a), an airport shall remit the penalty to
the jurisdictions impacted in equal parts.
(C) Administrative costs.--An airport may deduct
reasonable costs of administering a noise deterrence
penalty from a penalty collected under this paragraph
before remitting the penalty under subparagraphs (A)
and (B).
(d) Limitation.--With respect to any action taken in carrying out
this section, the airport is not required to seek the approval or
comment of the Federal Aviation Administration or the Secretary of
Transportation, any air carrier or aircraft operator or any other
entity.
(e) Definition of Weather.--In this section, the term ``weather''
is defined as the state of the atmosphere at a location or along a
route over the short-term.
(f) Definition of Access Restriction.--For purposes of this Act, an
access restriction is a prohibition on the landing or takeoff of
aircraft.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Aviation.
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