Sec. 343. Expansion of definition of structures interfering with air commerce and national defense
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Section 44718(a) of title 49, United States Code, is amended— in paragraph (1), by striking and at the end; in paragraph (2), by striking the period at the end and inserting ; or ; and by adding at the end the following: the interests of national security, as determined by the Secretary of Defense. . Section 44718(b) of title 49, United States Code, is amended to read as follows: Under regulations prescribed by the Secretary, if the Secretary decides that constructing or altering a structure may result in an obstruction of the navigable airspace, an interference with air navigation facilities and equipment or the navigable airspace, or, after consultation with the Secretary of Defense, an unacceptable risk to the national security of the United States, the Secretary shall conduct an aeronautical study to decide the extent of such impacts on the safe and efficient use of the airspace, facilities, or equipment.
In conducting the study, the Secretary shall— consider factors relevant to the efficient and effective use of the navigable airspace, including— the impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules; the impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules; the impact on existing public-use airports and aeronautical facilities; the impact on planned public-use airports and aeronautical facilities; the cumulative impact resulting from the proposed construction or alteration of a structure when combined with the impact of other existing or proposed structures; and other factors relevant to the efficient and effective use of navigable airspace; and include the finding made by the Secretary of Defense under subsection (f).
On completing the study, the Secretary shall issue a report disclosing the extent of the— adverse impact on the safe and efficient use of the navigable airspace that the Secretary finds will result from constructing or altering the structure; and unacceptable risk to the national security of the United States, as determined by the Secretary of Defense under subsection (f). . Section 44718 of title 49, United States Code, is amended by adding at the end the following: As part of an aeronautical study conducted under subsection (b), the Secretary of Defense shall— make a finding on whether the construction, alteration, establishment, or expansion of a structure or sanitary landfill included in the study would result in an unacceptable risk to the national security of the United States; and transmit the finding to the Secretary of Transportation for inclusion in the report required under subsection (b)(2).
In this section, the term unacceptable risk to the national security of the United States has the meaning given the term in section 211.3 of title 32, Code of Federal Regulations, as in effect on January 6, 2014. . Section 44718 of title 49, United States Code, is amended in the section heading by inserting after or national security . air commerce The table of sections at the beginning of chapter 447 of title 49, United States Code, is amended by striking the item relating to section 44718 and inserting the following: 44718.
Structures interfering with air commerce or national security. .