I 

116TH CONGRESS 

1ST SESSION H. R. 5108 

To require the Administrator of the Federal Aviation Administration to continue processing the proposed SFO NIITE Departure Southbound Transition 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 following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To require the Administrator of the Federal Aviation Administration to continue processing the proposed SFO 

NIITE Departure Southbound Transition and the OAK 

HUSSH Departure Southbound Transition, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Southbound HUSSH 

5 and NIITE Help Households Act’’ or the ‘‘SHHH Act’’. 

6 SEC. 2. PROCESSING OF DEPARTURE TRANSITION. 

7 (a) IN GENERAL.—The Administrator shall— 


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1 (1) continue processing the proposed SFO 

2 NIITE Departure Southbound Transition and the 

3 OAK HUSSH Departure Southbound Transition in 

4 accordance with the recommendation of the San 

5 Francisco International Airport/Community Round6 table (in this Act referred to as the ‘‘SFO RT’’) and 

7 the Select Committee on South Bay Arrivals; and 

8 (2) render a determination as to adoption of the 

9 proposal. 

10 (b) COLLABORATION.— 

11 (1) IN GENERAL.—The Administrator shall 

12 work collaboratively with the SFO RT to provide 

13 technical assistance, including— 

14 (A) appropriate FAA technical staff; 

15 (B) data relating to the NIITE/HUSSH 

16 Departures; 

17 (C) the proposed southbound transition; 

18 and 

19 (D) other related or impacted flight proce20 dures. 

21 (2) DATA.—The data described in subpara22 graphs (B), (C), and (D) of paragraph (1) shall in23 clude, at a minimum, AEDT noise modeling, oper24 ational data, TARGETS data, and other pertinent 

25 data. 


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1 (c) REQUIREMENTS.— 

2 (1) IN GENERAL.—The Administrator may not 

3 prevent the SFO RT from entering the proposed 

4 NIITE Departure or HUSSH Departure South5 bound Transition procedures into the IFP Gateway 

6 unless the Administrator determines that doing so is 

7 necessary for safety reasons that cannot be rem8 edied. 

9 (2) ANALYSIS.—If the Administrator makes the 

10 determination described in paragraph (1), the Ad11 ministrator shall— 

12 (A) provide detailed analysis and provide 

13 procedure alternatives in order to solve the 

14 safety concerns, if possible; and 

15 (B) submit or process the procedure for 

16 the southbound transitions in accordance with 

17 safety considerations. 

18 (d) PROCESSING.—After the NIITE Departure 

19 Southbound Transition or the HUSSH Departure South20 bound Transitions has been entered into the IFP Gate21 way, the Administrator shall convene necessary groups 

22 and committees and take other actions pursuant to Order 

23 JO7100.41A to expeditiously process the NIITE HUSSH 

24 Southbound Transitions. 


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1 (e) IMPLEMENTATION.—The Administrator shall im2 plement the proposed addition of a southbound transition 

3 to each of the NIITE and HUSSH nighttime noise abate4 ment departures with the same conditions as the oper5 ations of the NIITE and HUSSH existing transitions as 

6 in effect on the date of enactment of this Act, including 

7 operating hours of 10:00 p.m. to 7:00 a.m. every day of 

8 the week. 

9 (f) PARTICIPATION.—The Administrator shall permit 

10 the SFO Roundtable to send aviation technical representa11 tives and consultants to participate in the NIITE and 

12 HUSSH PBN Implementation Process (Order 

13 JO7100.41) as members of the core working group, full 

14 working group, or other groups on the same terms and 

15 conditions as the participation by an airport, airline indus16 try, or a procedure proponent. 

17 (g) PROCESS.—The Administrator shall follow the 

18 prescribed process as specified in the FAA PBN Imple19 mentation Process (Order JO7100.41) and shall not gra20 tuitously withhold permissions or add requirements that 

21 would block continuation to successful conclusion of the 

22 NIITE or HUSSH PBN Implementation processes. 

23 SEC. 3. REPORT. 

24 The Administrator shall submit to the appropriate 

25 congressional committees a report if— 


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1 (1) on the date that is 60 days after the date 

2 of enactment of this Act, the NIITE Departure 

3 Southbound Transition and the HUSSH Departure 

4 Southbound Transition have not been entered into 

5 the IFP Gateway; 

6 (2) on the date that is 90 days after the entry 

7 of the proposed procedure into the IFP Gateway, the 

8 NIITE Departure Southbound Transition and the 

9 HUSSH Departure Southbound Transition have not 

10 completed Order JO7100.41 Phase One Preliminary 

11 Activities; 

12 (3) on the date that is 180 days after the date 

13 of entry of the proposed procedure into the IFP 

14 Gateway, the NIITE Departure Southbound Transi15 tion and the HUSSH Departure Southbound Tran16 sition have not completed Order JO7100.41 Phase 

17 Two Design Activities; and 

18 (4) on the date that is 2 years after the date 

19 of entry into the IFP Gateway, the NIITE Depar20 ture Southbound Transition and the HUSSH De21 parture Southbound Transition are not fully imple22 mented by publication and use of the Southbound 

23 Transitions. 

24 SEC. 4. DEFINITIONS. 

25 In this Act, the following definitions apply: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the FAA. 

3 (2) AEDT.—The term ‘‘AEDT’’ means Avia4 tion Environmental Design Tool. 

5 (3) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means the Committee on Commerce, 

8 Science, and Transportation of the Senate and the 

9 Committee on Transportation and Infrastructure of 

10 the House of Representatives. 

11 (4) CORE WORKING GROUP.—The term ‘‘core 

12 working group’’ means a group of individuals listed 

13 in the PBN process that, during the Preliminary Ac14 tivities— 

15 (A) documents and records baseline data 

16 used for analysis; 

17 (B) identifies and documents expected ben18 efits for the project; 

19 (C) designs or reviews conceptual proce20 dures or routes in TARGETS; 

21 (D) reviews applicable PBN-related knowl22 edge databases and historical documents; and 

23 (E) identifies additional significant infor24 mation and potential risks associated with the 

25 project. 


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1 (5) FAA.—The term ‘‘FAA’’ means the Fed2 eral Aviation Administration. 

3 (6) FULL WORKING GROUP.—The term ‘‘full 

4 working group’’ means a committee of participants 

5 in the PBN process most often consisting of the 

6 FAA, airlines, an airport authority, and other indus7 try representatives. 

8 (7) IFP GATEWAY.—The term ‘‘IFP Gateway’’ 

9 means the Instrument Flight Procedures Gateway. 

10 (8) OAK.—The term ‘‘OAK’’ means Oakland 

11 Metropolitan Airport. 

12 (9) PBN.—The term ‘‘PBN’’ means perform13 ance based navigation. 

14 (10) PROPONENT.—The term ‘‘proponent’’ 

15 means the originator of a departure procedure re16 quirement, including an individual user group, ATC, 

17 Aeronautical Information Service, or other appro18 priate government agency. 

19 (11) SFO.—The term ‘‘SFO’’ means San 

20 Francisco International Airport. 

21 (12) TARGETS.—The term ‘‘TARGETS’’ 

22 means Terminal Area Route Generation Evaluation 

23 and Traffic Simulation. 

Æ 


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