S.Amdt. 2765

SA 2765. Mr. McCAIN (for himself and Mr. Flake) submitted an
amendment intended to be proposed to amendment SA 2763 proposed by Mr.
Kirk (for himself, Mr. Tester, and Ms. Mikulski) to the bill H.R. 2029,
making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2016, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of title IV, add the following:
Sec. 411.  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:
``(3) Notifications and consultations.--Not less than 90
days before applying a categorical exclusion under this
subsection to a new procedure at an OEP airport, the
Administrator shall--
``(A) notify and consult with the operator of the airport
at which the procedure would be implemented; and
``(B) consider consultations or other engagement with the
community in the which the airport is located to inform the
public of the procedure.
``(4) Review of certain categorical exclusions.--
``(A) In general.--The Administrator shall review a
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 the operator of that airport requests such a review and
demonstrates that there is good cause to believe that the
implementation of the procedure had such an effect.
``(B) Content of review.--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--
``(i) consult with the operator of the airport to identify
measures to mitigate the effect of the procedure on the human
environment; and
``(ii) in conducting such consultations, consider the use
of alternative flight paths.
``(C) Human environment defined.--In this paragraph, the
term `human environment' has the meaning given that 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
Act).''.
______