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Noise Management and Public Response 91
· Environmental Desk Reference (2007) (143) The FAA released a reference document late
during 2007 that was intended to provide applicable special purpose laws relating to envi-
ronmental evaluations in a single location for FAA staff, airports, and preparers of environ-
mental documentation. It presents the information based on the 23 environmental categories
typically included in an Environmental Impact Statement by providing information in each
of the following sections: 6-5
Introduction and Definitions
Applicable Statutes and Implementing Laws or Regulations
Applicability to Airport Development Actions
Permits, Certifications, and Approvals
Environmental Compliance Procedures Environmental Analysis
Determining Impacts
Determining Impact Significance
Environmental Impact Statement Content
· The Part 150, Airport Noise Compatibility Planning process, has evolved over the years
since its initiation, but the guidance document (FAA Advisory Circular 150-5020-1) (144)
is outdated. An update is in preparation, with completion and release expected during 2008.
The reader may find the documentation provided in the current Part 150 planning guidance
of use. 6-6
· The 14 CFR Part 161, Notice and Approval of Airport Noise and Access Restrictions (138),
requirements are often cited by the public as a mechanism for airports to implement curfews,
noise level limitations, runway use requirements and similar actions as a means of abating
noise in communities. The regulation is provided on the accompanying Toolkit. 6-7
State and Local Action
Several states and communities have established environmental regulations similar to those
enacted by the NEPA, for environmental review, or for land use management. For airports, these
regulations are frequently focused on reporting the effects of current environmental conse-
quences on surrounding communities. There may be differences between the standards adopted
by the FAA in its Order 5040.4B regarding levels of significance, or there may be additional
reporting required for airports within the state. Frequently, the anticipated future consequences
of airport development projects must be reported against current conditions (under NEPA,
future consequences are reported against future baseline conditions). Owing to the great diver-
sity between state and local programs, the airport manager should establish contact with local
legal advice and assistance of State aviation organizations to assure that state and local require-
ments are met for the evaluation of aircraft noise.
In general, courts have established federal preemption over state and local actions to
restrict noise associated with aircraft in flight. The U.S. Supreme Court (City of Burbank v.
Lockheed Air Terminal (1973) (441 U.S. 624, 93 S.Ct. 1854, 36 L.Ed.2d 547) (145) opened the
door to the theory that communities cannot use police powers to control aircraft noise if the
community is not the owner or operator of the airport. Further, the U.S. Court of Appeals
found in Leudtke v. County of Milwaukee (1975) (7th Cir.; 521 F.2d 387) (146) that the airport
and the airlines could not be held liable for violation of a state law if operations were con-
ducted in compliance with federal laws and regulations (subsequently, the preemption of
state-law relief was expressly overruled). Extensive additional information on these and
similar cases, with an emphasis on federal and California litigation, may be found at http://
airportnoiselaw.org.
