Airport Noise and Land Use Compatibility

1. Airport Noise and Land Use Compatibility FAR Part 150 AST 491

2. Background • National Environmental Policy Act of 1969 (NEPA) • Aviation Noise Abatement Policy, 1976 • First identification between FAA, Carriers, Operators and Communities of the Responsibilities for Aircraft Noise Impacts • Litigation Began • Each person reacts differently to sound/noise

3. Noise • Unattenuated Sound • Sound of aircraft noise almost always intrusive and unwanted • John Linen -Music • Rap - Noise

4. Levels of Sound • Most common measure is decibel (db) • Logarithmic scale increasing by powers of ten • Perceived loudness doubles every increase of ten db’s

5. Cumulative/Summation Metrics • Should tell where affected, how many people affected and how badly affected • Needs to indicate cumulative noise exposure • a metric which considers all noise energy received at a given location during a defined period and averages the sum of the average noise level per second

6. Cumulative/Summation Metrics • Developed to define noise in a way subject to objective analysis • Previous techniques such as time above, ASDS, and single event correlation to human response

7. Cumulative/Summation Metrics • Developed to correlate highly with human response • Equal Energy Rule • Over a given period of time, people respond most predictably to the total noise level energy rather than to the characteristics of any single noise event

8. Ldn : Day-Night Average Sound Level • The average sound level during a twenty-four hour period with a 10 decibel penalty for nighttime noise events. • The basic element of measure is the Sound Exposure Level (SEL) • Simply adds all noise levels for each second of the day and averages the summation on an equal basis.

9. Ldn : Day-Night Average Sound Level • Human response to noise is intensified during nighttime hours. Response is so much greater that it must be treated differently. • Nighttime events (10:00 pm to 7:00 am) are penalized by adding ten decibels to the measurement of each event.

10. Noise Contours • Ldn levels are calculated for specific locations. The contours connect points of equal intensity. • Ldn contours most commonly used are Ldn 65,70 and 75. Also mandated by FAA Regulation (FAR PART 150)

11. FAA FAR PART 150 Background • 1976 Aviation Noise Abatement Policy • voluntary ANCLUC Studies • DOD Air Installations Compatible Use Zones (AICUZ) • Aviation Safety and Noise Abatement Act of 1979 (ANSA). • directed FAA to set forth procedures for noise and land use compatibility. • started FAA FAR Part 150

12. ANSA- Aviation Safety and Noise Abatement • Section 102 - Single system of measuring noise • identifies land use use compatibilities • Section 103 - Funding set aside for noise mitigation and planning • first time ever in federal legislation • Section 104 - Requirements for noise compatibility

13. ANSA- Aviation Safety and Noise Abatement • Section 105 - Requirements for noise exposure maps (NEM) • Section 106 - Use of NEM as evidence to suits • seeking damages prohibited • airport can not use to defend

14. ANSA- Aviation Safety and Noise Abatement • Section 107 - Limits damages with respect to approved NEM • farmers can not sue • Section 108 - FAA studies process and reports back to congress • If airport plans study, it must give public “constructive Notice” by advertising in the newspaper 3 times

15. Components of a Part 150 Study • Two Final Products • Noise Exposure Map • Noise Compatibility Plan

16. Noise Exposure Map • Show unabated noise exposure in Ldn for existing year and fifth year following date of submission • Maps must show incompatible land use, discussion of activity forecasts • Assumptions upon which contours are based • explain noise monitoring, if done.

17. Noise Exposure Map • Analysis of background noise: if incompatible land uses are impacted by high levels of ambient noise levels then not considered impacted by aviation noise.

18. Noise Exposure Map • Noise exposure maps document submitted for review and “approval” by the FAA • Section 107 of ANSA: Once NEMs are approved then it limits liability to recover noise related damages.

19. Noise Exposure Map • Subsequent land owners must show significant change in the noise environment after constructive knowledge of maps. (normally at least 15% change), usually within the 65 Ldn contour line. • Constructive knowledge means published in paper 3 times-notice that maps are in existence.

20. Noise Compatibility Program • Discussion of analysis of noise abatement and land use management measures that are specifically listed in the regulation. Other measures may be evaluated. • The plan should provide for noise abatement through modification of flight procedures, regulations and even the airfield.

21. Noise Compatibility Program • Includes land use provisions to reduce existing noise impacts and prevent future noise impacts. • The NCP must be developed in consultation with airport users and jurisdictions in the area. • Public must be afforded an opportunity to comment on the study - opportunity for public hearing - always plan on one.

22. Noise Compatibility Program • Airport proprietors decision to submit. No penalties for not submitting. FAA will review for completeness and publish Notice in the Federal Register. This notice sets the 180 day time frame. • FAA has 180 days to reject NCP.

23. Noise Compatibility Program • Approved plan makes airport eligible for funds from noise set aside of AIP. Only eligible items of the NCP can be funded. • NEM - no time limit for the FAA to approve.

24. Standards of Review for Approval • The FAR Part 150 NCP must: • Contain measures which are reasonably consistent with goal of preventing and reducing noncompatible land use. • Not derogate safety or adversely affect use of airspace.

25. Noise Compatibility Program • The FAR Part 150 NCP must: • Meet both local and national air transportation system needs. • Provide for revision every 5 years (if necessary) • Not adversely affect any other powers, duties, program, etc.

26. Technical and Economic Data Required by the FAA • NEM and supporting documentation. • Description and analysis of alternatives considered by implementation authority. • Discussion of rejected alternatives and why. • Development of program that meets FAA standards.

27. Noise Compatibility Program Requirements • Actual or anticipated effect on reducing noise exposure. • How it may change previously adopted plans or actions. • Time Frame. • Responsible parties.

28. Noise Compatibility Program Requirements • Costs of the program • Provision for revising program if necessary • Description of public involvement.

29. Alternatives Required for Consideration • Acquisition of land or interest herein. • Barriers/Shielding/Sound Proofing and noise easements. • Preferential runway use system by FAA. • Flight procedure changes by FAA • Restriction on use of airport. • Other actions by FAA or others.

30. Other Measures • Airport Development measures. • Navigational aids. • Off-airport land use controls. • Noise Monitoring • Administrative measures and studies.

31. Airport Use Restrictions • Must be reasonably consistent with reducing non-compatible land use, must not create an undue (unreasonable) burden to interstate commerce, must not unjustly discriminate, nor derogate safety. • Airport use restrictions are extremely variable.

32. Airport Use Restrictions • Most significant impact occurs when a restriction adversely affects airport capacity and/or excludes certain users from the airport. • Must present magnitude of capacity impacts versus demand impact and the affect of excluding aircraft types.

33. Airport Use Restrictions • Analysis of impact on interstate commerce would consider such things as markets served, or cargo served, costs of rescheduling service at the airport, alternative airport available in the area. • not yet been done in the U.S.

34. Airport Use Restrictions • For instance: a nighttime restriction on stage 2 aircraft would include considerations of available stage 3 aircraft, shift of flights to daytime hours daytime capacity and alternative airports at night.

35. Land Use Controls • Zoning • Easement • Avigation - Runway Protection Zone (RPZ) • Noise (exact easements) • Transfer of development rights • enabling legislation • Comprehensive planning

36. Land Use Controls • Subdivision regulations • Building codes • sound proofing to 30 db’s

37. Review and Approval Process • First reviewed at regional level. (both NCP/NEM) • Knowledge of local noise and land use situations. • NEM final approval level is Region • Then goes to Washington for review and approval. (only NCP) • National Consistency of FAA Determination.

38. Review and Approval Process • Each measure is recommended for approval or disapproval. • final authority is with the administrator. • It is a local program. • not a federal program

39. Review and Approval Process • NEM’s can be approved at FAA Regional Level. • NCP must be approved/disapproved within 180 days of NEM acceptance.

40. When to do a Part 150 • Significant amounts of incompatible land use impacted by aircraft noise. • Serious noise complaints received. • Urban development pressure threatens to increase incompatible land uses. • Major changes in airport facilities or aircraft operations which may shift noise patterns.

41. Advantages of Part 150 • Public relations • Intergovernmental coordination • Airport facilities development. • Improved land use planning. • Noise abatement.

42. Disadvantages of Part 150 • Heightened controversy. • Unrealistic expectations. • Uncooperative participants in process. • Litigation possible.

43. Summary • An FAR Part 150 Study can be an important means of improving noise and land use compatibility with the airport environs while achieving other objectives that are important to the airport and local governments. The process is not without risks and pitfalls; however, it must not be seen as a panacea for airports with noise and public relations problems.