§ 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.
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Operational Evolution Partnership
(OEP)Airport Procedures.— OEP airports report .— Not later than 6 months after the date of enactment of this Act [ Feb. 14, 2012 ], 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: RNP/RNAV operations for oep airports .— The required navigation performance and area navigation operations, including the procedures to be developed, certified, and published and the air traffic control operational changes, to maximize the fuel efficiency and airspace capacity of NextGen commercial operations at each of the 35 operational evolution partnership airports identified by the Administration and any medium or small hub airport located within the same metroplex area considered appropriate by the Administrator. The Administrator shall, to the maximum extent practicable, avoid overlays of existing flight procedures, but if unavoidable, the Administrator shall clearly identify each required navigation performance and area navigation procedure that is an overlay of an existing instrument flight procedure and the reason why such an overlay was used. Coordination and implementation activities for oep airports .— A description of the activities and operational changes and approvals required to coordinate and utilize the procedures at OEP airports. Implementation plan for oep airports .— A plan for implementing the procedures for OEP airports under subparagraph
(A)that establishes— clearly defined budget, schedule, project organization, and leadership requirements; specific implementation and transition steps; 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; and achieving measurable fuel burn and carbon dioxide emissions reductions compared to current performance; expedited environmental review procedures and processes for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as determined by baseline and performance metrics under clause (iii); coordination and communication mechanisms with qualified third parties, if applicable; plans to address human factors, training, and other issues for air traffic controllers surrounding the adoption of RNP procedures in the en route and terminal environments, including in a mixed operational environment; and a lifecycle management strategy for RNP procedures to be developed by qualified third parties, if applicable. Additional procedures for oep airports .— A process for the identification, certification, and publication of additional required navigation performance and area navigation procedures that may provide operational benefits at OEP airports, and any medium or small hub airport located within the same metroplex area as the OEP airport, in the future. Implementation schedule for oep airports .— The Administrator shall certify, publish, and implement— not later than 18 months after the date of enactment of this Act [ Feb. 14, 2012 ], 30 percent of the required procedures at OEP airports; not later than 36 months after the date of enactment of this Act, 60 percent of the required procedures at OEP airports; and before June 30, 2015 , 100 percent of the required procedures at OEP airports. Non-OEP Airports.— Non-OEP airports report .— Not later than 6 months after the date of enactment of this Act [ Feb. 14, 2012 ], 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: RNP operations for non-oep airports .— 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 fuel efficiency and airspace capacity of NextGen commercial operations at 35 non-OEP small, medium, and large hub airports other than those referred to in subsection (a)(1). The Administrator shall choose such non-OEP airports considered appropriate by the Administrator to produce maximum operational benefits, including improved fuel efficiency and emissions reductions that do not have public RNP procedures that produce such benefits on the date of enactment of this Act. The Administrator shall, to the maximum extent practicable, avoid overlays of existing flight procedures, but if unavoidable, the Administrator shall clearly identify each required navigation performance procedure that is an overlay of an existing instrument flight procedure and the reason why such an overlay was used. Coordination and implementation activities for non-oep airports .— A description of the activities and operational changes and approvals required to coordinate and to utilize the procedures required by subparagraph
(A)at each of the airports described in such subparagraph. Implementation plan for non-oep airports .— A plan for implementation of the procedures required by subparagraph
(A)that establishes— clearly defined budget, schedule, project organization, and leadership requirements; specific implementation and transition steps; coordination and communications mechanisms with qualified third parties; plans to address human factors, training, and other issues for air traffic controllers surrounding the adoption of RNP procedures in the en route and terminal environments, including in a mixed operational environment; 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; and achieving measurable fuel burn and carbon dioxide emissions reduction compared to current performance; expedited environmental review procedures and processes for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as determined by baseline and performance metrics established under clause (v); 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; and lifecycle management strategy for RNP procedures to be developed by qualified third parties, if applicable. Additional procedures for non-oep airports .— A process for the identification, certification, and publication of additional required navigation performance procedures that may provide operational benefits at non-OEP airports in the future. Implementation schedule for non-oep airports .— The Administrator shall certify, publish, and implement— not later than 18 months after the date of enactment of this Act [ Feb. 14, 2012 ], 25 percent of the required procedures for non-OEP airports; not later than 36 months after the date of enactment of this Act, 50 percent of the required procedures for non-OEP airports; and before June 30, 2016 , 100 percent of the required procedures for non-OEP airports. Coordinated and Expedited Review.— In general .— Navigation performance and area navigation procedures developed, certified, published, or implemented under this section shall be presumed to be covered by a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations) under chapter 3 of FAA Order 1050.1E unless the Administrator determines that extraordinary circumstances exist with respect to the procedure. Nextgen procedures .— Any navigation performance or other performance based navigation procedure developed, certified, published, or implemented that, in the determination of the Administrator, would result in measurable reductions in fuel consumption, carbon dioxide emissions, and noise, on a per flight basis, as compared to aircraft operations that follow existing instrument flight rules procedures in the same airspace, shall be presumed to have no significant affect on the quality of the human environment and the Administrator shall issue and file a categorical exclusion for the new procedure. Notifications and consultations .— Not later than 90 days before applying a categorical exclusion under this subsection to a new procedure at an OEP airport, the Administrator shall— notify and consult with the operator of the airport at which the procedure would be implemented; and consider consultations or other engagement with the community in the [sic] which the airport is located to inform the public of the procedure. Review of certain categorical exclusions.— In general .— The Administrator shall review any decision of the Administrator made on or after February 14, 2012 , and before the date of the enactment of this paragraph [ Dec. 23, 2016 ] 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. 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— consult with the operator of the airport to identify measures to mitigate the effect of the procedure on the human environment; and in conducting such consultations, consider the use of alternative flight paths that do not substantially degrade the efficiencies achieved by the implementation of the procedure being reviewed. Human environment defined .— In this paragraph, the term ‘human environment’ has the meaning given such 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 paragraph). Deployment Plan for Nationwide Data Communications System .— Not later than 1 year after the date of enactment of this Act [ Feb. 14, 2012 ], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for implementation of a nationwide data communications system. The plan shall include— clearly defined budget, schedule, project organization, and leadership requirements; specific implementation and transition steps; and baseline and performance metrics for measuring the Administration’s progress in implementing the plan. Improved Performance Standards.— Assessment of work being performed under nextgen implementation plan .— The Administrator shall clearly outline in the NextGen Implementation Plan document of the Administration the work being performed under the plan to determine— whether utilization of ADS–B, RNP, and other technologies as part of NextGen implementation will display the position of aircraft more accurately and frequently to enable a more efficient use of existing airspace and result in reduced consumption of aviation fuel and aircraft engine emissions; and the feasibility of reducing aircraft separation standards in a safe manner as a result of the implementation of such technologies. Aircraft separation standards .— If the Administrator determines that the standards referred to in paragraph (1)(B) can be reduced safely, the Administrator shall include in the NextGen Implementation Plan a timetable for implementation of such reduced standards. Third-Party Usage .— The Administration shall establish a program under which the Administrator is authorized to use qualified third parties in the development, testing, and maintenance of flight procedures.
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§ 213
ACCELERATION OF NEXTGEN TECHNOLOGIES.
Fed. Reg.×1
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