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OCR for page 88
88 Aircraft Noise: A Toolkit for Managing Community Expectations comprehensive set of public communication techniques to allow the public to understand the foundation of the measures developed and their anticipated effect on future conditions. Noise abatement planning in the United States is largely conducted under the provisions of 14 CFR Part 150 Airport Noise Compatibility Planning or as a part of the mitigation planning process as Environmental Assessments or Environmental Impact Statements are prepared for the development of airport facilities or other significant federal actions on the airport. Flow charts of the planning process for each type of study are similar and require consultation with the public and agencies as a significant element of their study design. Flow Chart Examples: 14 CFR Part 150 Exposure Map (NEP) and Noise Compatibility Study (NCP) (126) 6-1 EA and EIS NEPA Process (127) 6-2 Legislative Control of Aviation Over the years since the public first became concerned about the intrusion of aircraft noise into their lives, governments have been asked to implement measures that control the amount, location, and time of noise exposure that people living around the nations airports experience. A series of legislative measures have been approved by Congress and state legislatures, which have subsequently been implemented by various regulations and guidance circulated by the FAA and state agencies to control noise exposure patterns. The primary measures among these are dis- cussed briefly below. For additional information, the reader may access substantial information about any of them through internet search engines. Congressional and Federal Regulatory Actions Federal Aviation Act of 1958 (128) (PL 85-726) The Act established federal responsibility for safety and the development of civil aeronautics within the borders of the United States. It fur- ther established precedence of federal regulation and control over local authority on aircraft in flight mode (landing, takeoff, and in-flight). Aircraft Noise Abatement Act of 1968 (ANAA) (129) (PL 90-411) This Act added aircraft noise to the areas under the jurisdiction of the Federal Aviation Administration. It resulted in the promulgation of 14 CFR Part 36 to establish noise level standards at the aircraft source, as well as the technologies to determine the levels associated with each aircraft type. 14 CFR Part 36 Noise Standards: Aircraft Type and Airworthiness Certification (3) Regulation published in 1969 to implement provisions of the ANAA to establish noise level limits for each aircraft type as measured under approach and takeoff paths and sideline to takeoffs. National Environmental Policy Act of 1969 (NEPA) (2) (PL 91-109) The environmental consequences associated with federal development actions are required by the Act to be eval- uated. This Act gave birth to the Environmental Protection Agency (EPA), which developed guidelines to consider environmental policy during development of federal projects or proj- ects funded with federal monies. As applied to aircraft noise conditions, assessments required by NEPA are regulated by the Federal Aviation Administration through FAA Order 1050.1E and Order 5050.4B. Airport and Airway Development Act of 1970 (AADA) (130) (PL 91-258) This Act provided for the funding of airport development programs under the Airports Improvement Program (AIP) by providing federal funding assistance to local sponsors of airport capital or planning projects. The Act did not include funding for noise abatement planning.

OCR for page 88
Noise Management and Public Response 89 Noise Control Act of 1972 (131) (PL 92-574) This Act amended the Federal Aviation Act to include "public health and welfare" as a consideration for noise abatement planning. It expanded 14 CFR Part 36 to add Stage 3 aircraft and added EPA to the rulemaking process to consider aircraft noise impacts in airport planning. Aviation Noise Abatement Policy of 1976 (132) (ANAP) FAA policy statement to establish a gradual phase out of older, louder Stage 1 aircraft from the operating fleet by the end of 1988. 14 CFR Part 91 General Operating and Flight Rules (4) Regulation published in 1976 to require the gradual phase out of Part 36, Stage 1 aircraft over 75,000 pounds from the operating fleet by the end of 1988. The measure gave birth to the engine retrofit industry as owners of Stage 1 aircraft sought methods to modify their aircraft to continue their use under the new regula- tion. The measure was subsequently expanded by later legislation to require the phase out of Part 36, Stage 2 aircraft weighing more than 75,000 pounds not later than December 31, 1999. Airline Deregulation Act of 1978 (133) (PL 95-504) This Act eliminated federal control of route structures and pricing for commercial aviation and placed the industry on a competitive basis. The Act gave rise to a proliferation of low-fare and start-up carriers as routes became available to any user. The Act prohibited the regulation of noise levels through price controls, or charges based on route or aircraft type. Quiet Communities Act of 1978 (134) (PL 95-609) This Act provided for collaboration between the FAA and the EPA in the development of aviation noise abatement plans and actions, and provided funding for noise abatement and mitigation actions. The EPA's noise office was defunded in 1982, but the authorization has remained in place should the office be refunded at some future time. Aviation Safety and Noise Abatement Act of 1979 (6) (ASNA) (PL 96-193) This Act extended funding for planning for noise mitigation and abatement actions for an additional time. It also brought foreign carriers under the provisions of 14 CFR Part 91 for the phase out of the loudest aircraft, effective in 1980. The extension of funding resulted in the promulgation of 14 CFR Part 150, Airport Noise Compatibility Planning, in 1981 to guide the development of airport noise abatement programs. 14 CFR Part 150, Airport Noise Compatibility Planning (135) This regulation establishing the airport noise compatibility planning program and its guiding criteria was promulgated by the FAA in 1981, subsequent to its authorization under ASNA. The regulation sets forth the requirements that program sponsors must first identify the current and anticipated noise exposure patterns at the airport, based on annual average conditions, using tools and methodologies prescribed by the regulation. Secondly, the sponsor may prepare a Noise Compatibility Program for review and approval by the FAA to make noise mitigation projects eligible for federal funding. These may include acquisition in areas of significant noise exposure, modification of flight paths and runway use programs, structures and facilities to mitigate noise, sound insulation programs, or any num- ber of other project categories. This program has become the primary vehicle for airports to become eligible for AIP and PFC funding for noise abatement and mitigation projects. Airport and Airway Improvement Act of 1982 (136) (AAIA) (PL 97-248) This action re- authorized the AADA and added coordination between multiple modes of transportation, as well as setting aside a portion of the AIP funds for noise abatement planning projects. National Parks Overflights Act of 1987 (137) (PL 100-91) This Act forms the basis of require- ments for detailed assessment of supplemental noise metrics in national parks environs, and the development of a Flight Management Plan for the Grand Canyon National Park. The cri- teria of the Act have been extended to all national parks, as well as other scenic national prop- erties including monuments and wilderness areas. Many airports in the West now need to consider the effects of their development actions relative to their potential impacts on these national properties. Airport Noise and Capacity Act of 1990 (ANCA) (5) (49 USC 47521) This Act forms the basis of the FAA's criteria for review and approval of actions that restrict access to any airport