SHHH Act

I 116TH CONGRESS 1ST SESSION H. R. 5108 To require the Administrator of the Federal Aviation Administration to con- tinue processing the proposed SFO NIITE Departure Southbound Tran- sition and the OAK HUSSH Departure Southbound Transition, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 14, 2019 Ms. SPEIER (for herself, Ms. ESHOO, and Mr. RASKIN) introduced the fol- lowing bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the Administrator of the Federal Aviation Admin- istration to continue processing the proposed SFO NIITE Departure Southbound Transition and the OAK HUSSH Departure Southbound Transition, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Southbound HUSSH 4 and NIITE Help Households Act’’ or the ‘‘SHHH Act’’. 5 SEC. 2. PROCESSING OF DEPARTURE TRANSITION. 6 (a) IN GENERAL.—The Administrator shall— 7 VerDate Sep 11 2014 20:00 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5108.IH H5108 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5108 IH (1) continue processing the proposed SFO 1 NIITE Departure Southbound Transition and the 2 OAK HUSSH Departure Southbound Transition in 3 accordance with the recommendation of the San 4 Francisco International Airport/Community Round- 5 table (in this Act referred to as the ‘‘SFO RT’’) and 6 the Select Committee on South Bay Arrivals; and 7 (2) render a determination as to adoption of the 8 proposal. 9 (b) COLLABORATION.— 10 (1) IN GENERAL.—The Administrator shall 11 work collaboratively with the SFO RT to provide 12 technical assistance, including— 13 (A) appropriate FAA technical staff; 14 (B) data relating to the NIITE/HUSSH 15 Departures; 16 (C) the proposed southbound transition; 17 and 18 (D) other related or impacted flight proce- 19 dures. 20 (2) DATA.—The data described in subpara- 21 graphs (B), (C), and (D) of paragraph (1) shall in- 22 clude, at a minimum, AEDT noise modeling, oper- 23 ational data, TARGETS data, and other pertinent 24 data. 25 VerDate Sep 11 2014 20:00 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5108.IH H5108 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5108 IH (c) REQUIREMENTS.— 1 (1) IN GENERAL.—The Administrator may not 2 prevent the SFO RT from entering the proposed 3 NIITE Departure or HUSSH Departure South- 4 bound Transition procedures into the IFP Gateway 5 unless the Administrator determines that doing so is 6 necessary for safety reasons that cannot be rem- 7 edied. 8 (2) ANALYSIS.—If the Administrator makes the 9 determination described in paragraph (1), the Ad- 10 ministrator shall— 11 (A) provide detailed analysis and provide 12 procedure alternatives in order to solve the 13 safety concerns, if possible; and 14 (B) submit or process the procedure for 15 the southbound transitions in accordance with 16 safety considerations. 17 (d) PROCESSING.—After the NIITE Departure 18 Southbound Transition or the HUSSH Departure South- 19 bound Transitions has been entered into the IFP Gate- 20 way, the Administrator shall convene necessary groups 21 and committees and take other actions pursuant to Order 22 JO7100.41A to expeditiously process the NIITE HUSSH 23 Southbound Transitions. 24 VerDate Sep 11 2014 20:00 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5108.IH H5108 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5108 IH (e) IMPLEMENTATION.—The Administrator shall im- 1 plement the proposed addition of a southbound transition 2 to each of the NIITE and HUSSH nighttime noise abate- 3 ment departures with the same conditions as the oper- 4 ations of the NIITE and HUSSH existing transitions as 5 in effect on the date of enactment of this Act, including 6 operating hours of 10:00 p.m. to 7:00 a.m. every day of 7 the week. 8 (f) PARTICIPATION.—The Administrator shall permit 9 the SFO Roundtable to send aviation technical representa- 10 tives and consultants to participate in the NIITE and 11 HUSSH PBN Implementation Process (Order 12 JO7100.41) as members of the core working group, full 13 working group, or other groups on the same terms and 14 conditions as the participation by an airport, airline indus- 15 try, or a procedure proponent. 16 (g) PROCESS.—The Administrator shall follow the 17 prescribed process as specified in the FAA PBN Imple- 18 mentation Process (Order JO7100.41) and shall not gra- 19 tuitously withhold permissions or add requirements that 20 would block continuation to successful conclusion of the 21 NIITE or HUSSH PBN Implementation processes. 22 SEC. 3. REPORT. 23 The Administrator shall submit to the appropriate 24 congressional committees a report if— 25 VerDate Sep 11 2014 20:00 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5108.IH H5108 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5108 IH (1) on the date that is 60 days after the date 1 of enactment of this Act, the NIITE Departure 2 Southbound Transition and the HUSSH Departure 3 Southbound Transition have not been entered into 4 the IFP Gateway; 5 (2) on the date that is 90 days after the entry 6 of the proposed procedure into the IFP Gateway, the 7 NIITE Departure Southbound Transition and the 8 HUSSH Departure Southbound Transition have not 9 completed Order JO7100.41 Phase One Preliminary 10 Activities; 11 (3) on the date that is 180 days after the date 12 of entry of the proposed procedure into the IFP 13 Gateway, the NIITE Departure Southbound Transi- 14 tion and the HUSSH Departure Southbound Tran- 15 sition have not completed Order JO7100.41 Phase 16 Two Design Activities; and 17 (4) on the date that is 2 years after the date 18 of entry into the IFP Gateway, the NIITE Depar- 19 ture Southbound Transition and the HUSSH De- 20 parture Southbound Transition are not fully imple- 21 mented by publication and use of the Southbound 22 Transitions. 23 SEC. 4. DEFINITIONS. 24 In this Act, the following definitions apply: 25 VerDate Sep 11 2014 20:00 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5108.IH H5108 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5108 IH (1) ADMINISTRATOR.—The term ‘‘Adminis- 1 trator’’ means the Administrator of the FAA. 2 (2) AEDT.—The term ‘‘AEDT’’ means Avia- 3 tion Environmental Design Tool. 4 (3) APPROPRIATE CONGRESSIONAL COMMIT- 5 TEES.—The term ‘‘appropriate congressional com- 6 mittees’’ means the Committee on Commerce, 7 Science, and Transportation of the Senate and the 8 Committee on Transportation and Infrastructure of 9 the House of Representatives. 10 (4) CORE WORKING GROUP.—The term ‘‘core 11 working group’’ means a group of individuals listed 12 in the PBN process that, during the Preliminary Ac- 13 tivities— 14 (A) documents and records baseline data 15 used for analysis; 16 (B) identifies and documents expected ben- 17 efits for the project; 18 (C) designs or reviews conceptual proce- 19 dures or routes in TARGETS; 20 (D) reviews applicable PBN-related knowl- 21 edge databases and historical documents; and 22 (E) identifies additional significant infor- 23 mation and potential risks associated with the 24 project. 25 VerDate Sep 11 2014 20:00 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5108.IH H5108 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 5108 IH (5) FAA.—The term ‘‘FAA’’ means the Fed- 1 eral Aviation Administration. 2 (6) FULL WORKING GROUP.—The term ‘‘full 3 working group’’ means a committee of participants 4 in the PBN process most often consisting of the 5 FAA, airlines, an airport authority, and other indus- 6 try representatives. 7 (7) IFP GATEWAY.—The term ‘‘IFP Gateway’’ 8 means the Instrument Flight Procedures Gateway. 9 (8) OAK.—The term ‘‘OAK’’ means Oakland 10 Metropolitan Airport. 11 (9) PBN.—The term ‘‘PBN’’ means perform- 12 ance based navigation. 13 (10) PROPONENT.—The term ‘‘proponent’’ 14 means the originator of a departure procedure re- 15 quirement, including an individual user group, ATC, 16 Aeronautical Information Service, or other appro- 17 priate government agency. 18 (11) SFO.—The term ‘‘SFO’’ means San 19 Francisco International Airport. 20 (12) TARGETS.—The term ‘‘TARGETS’’ 21 means Terminal Area Route Generation Evaluation 22 and Traffic Simulation. 23 Æ VerDate Sep 11 2014 20:00 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H5108.IH H5108 pamtmann on DSKBC07HB2PROD with BILLS