Noise 101: Federal Noise Laws and Regulations

1. Noise 101: Federal Noise Laws and Regulations Town of Payson M.L. Chittick, Scottsdale FSDO January 2007

2. 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

3. Noise Restrictions – Legal Framework • The Federal Government has preempted: • Areas of airspace use and management • Air Traffic Control • Safety • Regulation of aircraft noise at its source 14 CFR part 36, Noise Standards

4. Noise Restrictions - Preemption • Local authorities cannot regulate: • Maximum noise level of an aircraft in flight • Route of an aircraft • Altitude of an aircraft • Time of day an aircraft flies (curfew) • Procedures used by flight crew

5. Noise Restrictions – Other Powers and Authorities • Other power and authorities to control airport noise rest with the airport proprietor: • Selection of an airport site • Acquire land • Assure compatible land use • Control airport design, scheduling and operations • Subject to Constitutional prohibitions

6. Noise Restrictions – Constitutional Prohibitions • Undue burden on interstate and foreign commerce • Unreasonable, arbitrary and unjust discriminatory rules that advance the local interest • Statutory requirements • Interference with exclusive Federal regulatory responsibilities over safety and airspace management

7. Noise Restrictions – State and Local Government • State and local government may protect their citizens through: • Land use controls • Other police power measures not affecting airspace management or aircraft operations

8. Noise Restrictions – Federal Government • The Federal Government has the authority and responsibility to control aircraft noise by: • Regulation of source emissions • Flight operational procedures • Management of the air traffic control system and navigable airspace in ways that minimize noise impact on residential areas, consistent with the highest standards of safety

9. Noise Restrictions – Airport Proprietors • Airport proprietors are primarily responsible for planning and implementing action designed to reduce the effect of noise on residents of the surrounding area which may include: • Noise abatement ground procedures • Land acquisition • Restrictions on airport use that do not unjustly discriminate against any user continued on next slide

10. Noise Restrictions – Airport Proprietors • Airport proprietors are primarily responsible for planning and implementing action designed to reduce the effect of noise on residents of the surrounding area which may include: (continued) • Restrictions that do not impede the Federal interest in SAFETY and management of the air navigation system • Unreasonable interference with interstate or foreign commerce

11. 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!

12. Mandatory Noise Abatement Procedures: – Why Not? • Certain weather and flight conditions could result in the Noise Abatement Procedures compromising pilot safety • Could cause pilots to compromise flight safety in an effort to meet noise abatement recommendations

13. Aircraft Noise In General • FAA certification regulations for aircraft noise affect the design of an aircraft, but not its operation • Airports in the U.S. establish operating procedures to help reduce noise • Each airport handles its own noise enforcement by establishing noise abatement procedures that are general recommendations • Some of these procedures may not be advisable for every aircraft in every situation • The decision to follow any noise abatement procedure is the sole responsibility of the pilot in command based on aircraft performance, passenger and pilot safety • At no time should a noise reduction procedure be allowed to compromise flight safety

14. FAA Regulations – 14 CFR Aeronautics and Space • 14 CFR Part 91 General Operating and Flight Rules: • FAR PT 91.3, Responsibility and Authority of the Pilot in Command The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft. • FAR PT 91.13, Careless and Reckless Operation No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another continued on next slide

15. FAA Regulations – 14 CFR Aeronautics and Space FAR PT 91.103, Preflight Action Each pilot in command shall before beginning a flight, become familiar with all available information concerning that flight. FAR PT 91.119, Minimum Safe Altitudes, GeneralExcept, when necessary for takeoff and landing, no person may operate an aircraft below the following altitudes: See entire FAR (Paragraph a,b,c, and d, do not apply when necessary for takeoff or landing).

16. Noise Reduction – Aeronautical Information Manual • 5-4-23. Par (d) Charted Visual Flight Procedure (CVFP) states: • Unless indicating a Class B airspace floor, all depicted altitudes are for noise abatement purposes and are recommended only. Pilots are not prohibited from flying other than recommended altitudes if operational requirements dictate

17. Noise Reduction – FAA Advisory Circular 91-36C • This Advisory Circular states: • Visual Flight Rules (VFR) Flight Near Noise Sensitive Areas, identifies 2,000 feet AGL as the minimum recommended altitude for over flights of noise sensitive areas when aircraft are not landing at or taking off from an airport

18. Airplane Flying handbook – FAA-H-8083-3A • This document is used for flight training guidance and states: • It is recommended that takeoff power be maintained until reaching an altitude of at least 500 feet above the surrounding terrain or obstacles • The combination of Vy and takeoff power assures the maximum altitude gained in a minimum amount of time. This gives the pilot more altitude from which the airplane can be safely maneuvered in case of an engine failure or other emergency continued on next slide

19. Airplane Flying handbook – FAA-H-8083-3A • During initial climb, it is important that the takeoff path remain aligned with the runway to avoid drifting into obstructions • It should be emphasized that in some airplanes, a deviation of 5 knots from the recommended speed will result in a significant reduction in climb performance

20. Airplane Flying handbook – FAA-H-8083-3A • Based on the previous listed items: • Aircraft climb performance can be degraded to a point where a safe maneuvering altitude may not be attained • Any turns during the initial climb out phase will be detrimental to climb performance therefore increasing the time it takes to reach a safe maneuvering altitude continued on next slide

21. Airplane Flying handbook – FAA-H-8083-3A • Based on the previous listed items: • Depending on the aircraft used, pilot technique and environmental factors, climb performance can be reduced to an unsafe level so as to never reach a safe maneuvering altitude

22. Noise Restrictions – Review of FAA Safety Aspects • Pilots should be considerate of the surrounding community while operating to and from any airport • Minimum safe altitude rules always apply; except for takeoff and landing • Noise abatement procedures are recommendations; therefore, voluntary

23. Noise Restrictions – Review of FAA Safety Aspects • Sponsor and FAA should work together to educate and encourage pilots to use the procedures whenever possible • The decision to voluntarily follow any noise abatement procedure is the sole responsibility of the pilot in command based on aircraft performance, passenger and pilot safety. • At no time should a noise reduction procedure be allowed to compromise flight safety

24. Noise Restrictions – Residents and Prospective Residents • Residents and prospective residents in areas surrounding airports should seek to understand airport noise • Prospective residents of areas impacted by airport noise should be aware of the effect of noise on their quality of life and act accordingly

25. Noise 101 – The End • Thanks for your Attention! Have a Great Day !