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February 16, 2011, 7:00 pm ET - Amendment SA 65 proposed by Senator Rockefeller for Senator Cantwell.
February 16, 2011, 7:00 pm ET - Amendment SA 65 agreed to in Senate by Unanimous Consent.

Full Text of this Amendment

SA 65. Ms. CANTWELL submitted an amendment intended to be proposed by her 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:

On page 80, beginning with line 8 strike through line 25 on page 83 and insert the following:
(a) OEP AIRPORT PROCEDURES.--
(1) IN GENERAL.--Within 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish a report, after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general aviation representatives, aircraft and avionics manufacturers, and third parties that have received letters of qualification from the Administration to design and validate required navigation performance flight
paths for public use (in this section referred to as "qualified third parties") that includes the following:
(A) RNP OPERATIONS.--A list of required navigation performance procedures (as defined in FAA order 8260.52(d)) to be developed, certified, and published, and the air traffic control operational changes, to maximize the efficiency and capacity of NextGen commercial operations at the 137 small, medium, and large hub airports. The Administrator shall clearly identify each required navigation performance operation that is an overlay of an existing instrument flight procedure.
(B) COORDINATION AND IMPLEMENTATION ACTIVITIES.--A description of the activities and operational changes and approvals required to coordinate and to utilize those procedures at each of the airports in subparagraph (A).
(C) IMPLEMENTATION PLAN.--A plan for implementation of those procedures that establishes--
(i) clearly defined budget, schedule, project organization, environmental, and leadership requirements;
(ii) specific implementation and transition steps;
(iii) coordination and communications mechanisms with qualified third parties;
(iv) specific procedures for engaging the appropriate Administration employee groups to ensure that human factors, training and other issues surrounding the adoption of required navigation performance procedures in the en route and terminal environments are addressed;
(v) baseline and performance metrics for measuring the Administration's progress in implementing the plan, including the percentage utilization of required navigation performance in the National Airspace System;
(vi) outcome-based performance metrics to measure progress in implementing RNP procedures that reduce fuel burn and emissions;
(vii) a description of the software and database information, such as a current version of the Noise Integrated Routing System or the Integrated Noise Model that the Administration will need to make available to qualified third parties to enable those third parties to design procedures that will meet the broad range of requirements of the Administration;
(viii) lifecycle management for RNP procedures; and
(ix) an expedited validation process that allows an air carrier using a RNP procedure validated by the Administrator at an airport for a specific model of aircraft and equipage to transfer all of the information associated with the use of that procedure to another air carrier for use at the same airport for the same model of aircraft and equipage.
(2) IMPLEMENTATION SCHEDULE.--The Administrator shall certify, publish, and implement--
(A) 30 percent of the required procedures within 18 months after the date of enactment of this Act;
(B) 60 percent of the procedures within 30 months after the date of enactment of this Act; and
(C) 100 percent of the procedures before January 1, 2014.
(b) OTHER AIRPORTS.--
(1) IN GENERAL.--Within one year after the date of enactment of this Act, the Administration shall publish a report, after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general aviation representatives, aircraft and avionics manufacturers, and qualified third parties, that includes a plan for applying the procedures, requirements, criteria, and metrics described in subsection (a)(1) to other airports across the Nation,
with priority given to those airports where procedures developed, certified, and published under this section will provide the greatest benefits in terms of safety, capacity, fuel burn, and emissions.
(2) SURVEYING OBSTACLES SURROUNDING REGIONAL AIRPORTS.--Not later than 1 year after the date of enactment of that Act, the Administrator, in consultation with the State secretaries of transportation and state, shall identify options and funding mechanisms for surveying obstacles in areas around airports such that can be used as an input to future RNP procedures.
(3) IMPLEMENTATION SCHEDULE.--The Administration shall certify, publish, and implement--
(A) 25 percent of the required procedures at such other airports within 18 months after the date of enactment of this Act;
(B) 50 percent of the procedures at such other airports within 30 months after the date of enactment of this Act;
(C) 75 percent of the procedures at such other airports within 42 months after the date of enactment of this Act; and
(D) 100 percent of the procedures before January 1, 2016.
(c) ESTABLISHMENT OF PRIORITIES.--The Administration shall extend the charter of the Performance Based Navigation Aviation Rulemaking Committee as necessary to authorize and request it to establish priorities for the development, certification, publication, and implementation of the navigation performance procedures based on their potential safety, efficiency, and congestion benefits.
(d) COORDINATED AND EXPEDITED REVIEW.--Required Navigation Performance and other performance-based navigation procedures developed, certified, published, and implemented under this section that will measurably reduce aircraft emissions and result in an absolute reduction or no net increase in noise levels shall be presumed to have no significant environmental impact and the Administrator shall issue and file a categorical exclusion for such procedures.


(As printed in the Congressional Record for the Senate on Feb 10, 2011.)