# Presentation: 282620

## When are Voluntary Noise Abatement Procedures not Voluntary?

- *Legislation
- *Acceptable Practices
- *Effects – Mandatory Noise Abatement

## Controlling Legislation

- Title 49 USC Subtitle VII Section 40103(a)(1) states:
- >*The United States Government has exclusive sovereignty of airspace of the United States*

## Noise Restrictions

***PREEMPTION***
***	******>Local actions cannot regulate such things as the maximum noise level of an aircraft in flight, the route of an aircraft, the altitude of an aircraft, the time of day an aircraft flies (curfew), or the procedures used by the flight crew.***

## Controlling Legislation – Noise Restrictions

- Compliance with the Airport Noise and Capacity Act of 1990 (ANCA) and 14 CFR Part 161
- Compliance with ANCA, 49 U.S.C. 47521 et seq. and 14 CFR Part 161 (1991)
- Grant Assurances (49 USC 47107(a)(1))
- Surplus obligations (49 USC 47152)
- Non-Surplus obligations (49 USC 47125)

## Noise Restrictions

***ANCA***
***	******>ANCA and Part 161 prescribe the requirements and process under which the FAA reviews noise or access restrictions that impact Stage 2 or Stage 3 aircraft.***
***	******>Airport sponsors must consider their Federal obligations and/or surplus and non-surplus obligations in addition to meeting the requirements of ANCA.***

## Congress Finds That:

- Community noise concerns have led to uncoordinated and inconsistent restrictions on aviation which could impede the national air transportation system;
- A noise policy must be implemented at the national level

## Noise Restrictions

- Objective:
- Given an airport specific noise restriction situation, identify whether the restriction is consistent with the sponsor’s grant assurances, ANCA, and other applicable laws and policy

## Noise Restrictions

***Why Do We Care About Noise Restrictions?***
***>Serious impact on the Nation’s airport system!***
***>Possible conflict with Federal obligations to make airport available to the public on reasonable terms and without unjust discrimination***

## Noise Restrictions

***What Is A Noise Restriction?***
***A compulsory noise-based action by an airport sponsor that results in a decrease in the ability of airport users to use or access the airport and its facilities***

## Noise Restrictions

- 	>***A noise restriction is an access restriction imposed by an airport sponsor on airport users with the intent to reduce noise impacts.***
***	******>A noise restriction is not “just another noise mitigation tool.”***

## Noise Restrictions

***3 Categories of Noise Restrictions***
***>Voluntary Restrictions***
***>Hidden Restrictions***
***>Mandatory Restrictions***

## Types of Noise Restrictions

- Full Curfews
- Noise-Based Restrictions (77dBA limit)
- Stage-Based Restrictions (Stage 2)
- Limits on Hours of Operation
- Touch & Go Restrictions

- Restrictions Imposed through Leases
- Noise Abatement Procedures
- Run-up Restrictions
- Mandatory Runway Use Programs

## Noise Restrictions

***Any Restriction...***
***	******>Must be Reasonable (FAA Determines)***
***	******>Cannot Unjustly Discriminate***
***	******>Cannot grant an Exclusive Right***
***	******>Cannot create an undue burden on interstate commerce (if unreasonable or unjustly discriminatory-this applies)***
***	******>Cannot compromise safety or efficient use of airspace (defined by FS or AT)***

## Acceptable Noise Abatement Practices - Voluntary

*FAA strongly supports Voluntary Noise Abatement Procedures at an airport*
*Sponsor and FAA should work together to educate and encourage pilots to use the procedures whenever possible*
*Our number one concern is Pilot Safety!*

## Mandatory Noise Abatement Procedures

***Why not?  Certain weather and flight conditions could result in the Noise Abatement Procedures compromising pilot safety.***
***Do not create incentives for pilots to compromise safety through a concern that they could lose their hangar or other lease privileges.  *Do not regulate noise with such language in your ground leases!!! ***

## Would you Consider these Lease Clauses Voluntary?

***The lease requires glider companies to educate glider pilots about raptor protection and would allow for the termination of the lease by the City for repeated violations of the raptor protection sections of the lease.***
***The lease requires that operators shall not tow any gliders over a particular area marked on a map, or the lease could be terminated.***

## Noise Restrictions

***“******UNDER COVER” OR HIDDEN RESTRICTIONS,***
***	******	***
***	******>Restrictions imposed through leases or other agreements***
***	******>Restrictions imposed under the excuse of SAFETY***
***	******>”Voluntary” – associated with ******fines or other penalties***

## Noise Restrictions

***Reasonableness***
***Noise Justification***
***Recognized Noise Problem (65 dnl off airport)***
***Recognized Noise Impact Area***
***Valid Non-compatible Land Uses***
***What Can You Do?***

## Noise Restrictions

***Balanced Approach***
***Consideration of Non-Restrictive Alternatives (evaluate in a Part 150):***
***>Noise Abatement Procedures***
***>Flight Tracks***
***>Land and Easement Acquisition***
***>Preferential Runway Programs***
***>Sound Insulation***
***>Residential Development within Impacted Areas***

## Non-Restrictive Alternatives

***For a “Balanced Approach”, airport sponsors must explore all non-restrictive alternatives first before even considering a noise-based restriction. ***
***If no actual or potential liability exists, then a restriction would be preempted.***
***To date, we have not “approved” a noise restriction (without it being a compliance issue – Naples).***

## Potential Unjust Discrimination:

***>Not restricting similarly noisy or noisier aircraft***
***>Exempting based aircraft***
***>Using only stage designations***
***>Arbitrary parameters***
***>Discriminating against aircraft based on propulsion type***
***>Targeting only jets or helicopters***
***>Discrimination against GA, Cargo or Air Carriers***
***>Curfews***
***>Charging fees (in the name of noise/safety) to new leases (in an attempt to limit expansion)***
***>Requiring landscaping, hangar insulation, etc.***

## Conclusion – Noise Restrictions

***Encourage Voluntary Noise Abatement Procedures***
***Educate your pilots***
***Discourage incompatible land uses around the airport***
***If the 65 dnl goes off your airport – initiate a Part 150***
***Don’t allow any form of noise-based restrictions or requirements in your leases***

## Handout: Land Releases and Changes in Use

- Please read the handout which provides some “Rules of Thumb” for a variety of Land Acquisition Circumstances!
- Call your ADO’s if you have any questions!