Sec. 341. Air navigation matters
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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 adverse impact on military operations and readiness, the Secretary of Transportation shall conduct an aeronautical study to decide the extent of any adverse impact 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 of Transportation 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). A determination by the Secretary of Transportation on hazard to air navigation under this section shall remain independent of a determination of unacceptable risk to the national security of the United States 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 following definitions apply: The term adverse impact on military operations and readiness has the meaning given the term in section 211.3 of title 32, Code of Federal Regulations, as in effect on January 6, 2014. 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. . Section 213(c) of the FAA Modernization and Reform Act of 2012 ( Public Law 112–95 ; 49 U.S.C. 40101 note) is amended by adding at the end the following: Not later than 90 days before applying a categorical exclusion under this subsection to a new procedure at an OEP airport, the Administrator shall— notify and consult with the operator of the airport at which the procedure would be implemented; and consider consultations or other engagement with the community in the which the airport is located to inform the public of the procedure.
The Administrator shall review any decision of the Administrator made on or after February 14, 2012, and before the date of the enactment of this paragraph to grant a categorical exclusion under this subsection with respect to a procedure to be implemented at an OEP airport that was a material change from procedures previously in effect at the airport to determine if the implementation of the procedure had a significant effect on the human environment in the community in which the airport is located.
If, in conducting a review under subparagraph
(A)with respect to a procedure implemented at an OEP airport, the Administrator, in consultation with the operator of the airport, determines that implementing the procedure had a significant effect on the human environment in the community in which the airport is located, the Administrator shall— consult with the operator of the airport to identify measures to mitigate the effect of the procedure on the human environment; and in conducting such consultations, consider the use of alternative flight paths that do not substantially degrade the efficiencies achieved by the implementation of the procedure being reviewed. In this paragraph, the term human environment has the meaning given such term in section 1508.14 of title 40, Code of Federal Regulations (as in effect on the day before the date of the enactment of this paragraph). .
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- Pub. L. 112-95
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