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Full Text of this Amendment

SA 88. Mr. McCAIN (for himself, Mr. Kyl, and Mr. Ensign) 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:
(a) In General.--Notwithstanding any other provision of law, for purposes of section 3(b)(1) of Public Law 100-91 (16 U.S.C. 1a-1 note), the substantial restoration of the natural quiet and experience of the Grand Canyon National Park (in this subsection referred to as the "Park") shall be considered to be achieved in the Park if, for at least 75 percent of each day, 50 percent of the Park is free of sound produced by commercial air tour operations that have an allocation to conduct
commercial air tours in the Park as of the date of the enactment of this Act.
(b) Considerations.--
(1) IN GENERAL.--For purposes of determining whether substantial restoration of the natural quiet and experience of the Park has been achieved in accordance with subsection (a), the Secretary of the Interior (in this section referred to as the "Secretary") shall use--
(A) the 2-zone system for the Park in effect on the date of the enactment of this Act to assess impacts relating to subsectional restoration of natural quiet at the Park, including--
(i) the thresholds for noticeability and audibility; and
(ii) the distribution of land between the 2 zones; and
(B) noise modeling science that is--
(i) developed for use at the Park, specifically Integrated Noise Model Version 6.2;
(ii) validated by reasonable standards for conducting field observations of model results; and
(iii) accepted and validated by the Federal Interagency Committee on Aviation Noise.
(2) SOUND FROM OTHER SOURCES.--The Secretary shall not consider sound produced by sources other than commercial air tour operations, including sound emitted by other types of aircraft operations or other noise sources, for purposes of--
(A) making recommendations, developing a final plan, or issuing regulations relating to commercial air tour operations in the Park; or
(B) determining under subsection (a) whether substantial restoration of the natural quiet and experience of the Park has been achieved.
(c) Continued Monitoring.--The Secretary shall continue monitoring noise from aircraft operating over the Park below 17,999 feet MSL to ensure continued compliance with the substantial restoration of natural quiet and experience in the Park.
(d) Day Defined.--For purposes of this section, the term "day" means the hours between 7:00 a.m. and 7:00 p.m.

(As printed in the Congressional Record for the Senate on Feb 15, 2011.)