Downloaded 25 times
![6
CHAPTER TWO
REGULATIONS, POLICIES, AND COURT CASES GOVERNING
ISSUES OF NOISE OUTSIDE DNL 65
There are a number of existing and emerging reasons that air- impact. This block-rounding will double the number of
port operators may need or desire to take action to address homes eligible for insulation or purchase assurance from
noise outside the DNL 65 contour, including the following: just more than 1,000 to more than 2,000 (“ATA Says
Block-Rounding at Bob Hope, Ft. Lauderdale Int’l Has
• Because of complaints from areas outside DNL 65, air- Gone Too Far” 2008).
ports have identified reasonable and cost-effective pro- • The existing noise compatibility program has matured
grams to reduce noise impacts at lower noise levels; this and substantial complaints exist in areas outside the DNL
is especially true for operational noise abatement flight 65 contour: A recent study conducted by the FAA’s Cen-
procedures, such as Continuous Descent Arrivals (CDA) ter of Excellence for aviation noise and emissions
[The Continuous Descent Arrival, also referred to as the research, PARTNER (Partnership for AiR Transporta-
Continuous Descent Approach, has proven to be highly tion Noise and Emission Reduction), concluded that sig-
advantageous over conventional “dive-and-drive” arrival nificant complaints come from areas beyond DNL 65 (Li
and approach procedures. The environmental and eco- 2007). The staff at airports that respond to aircraft noise
nomic benefits of CDA were demonstrated in flight tests complaints finds that an increasing portion of their time
at Louisville International Airport in 2002 and 2004; is spent addressing concerns from residents outside the
there are significant reductions in noise (on the order of 6 DNL 65.
to 8 dB for each event) owing to reductions in thrust and • Federal policy is moving outside DNL 65: The Joint
a higher average altitude (Clarke 2006)], and Noise Planning and Development Office has determined that
Abatement Departure Profiles (NADPs) [FAA Advisory noise must be aggressively addressed to meet the capac-
Circular (AC) 91-53A, Noise Abatement Departure Pro- ity requirements of the Next Generation Air Transporta-
files (1993), identifies two departure profiles—the close- tion System (NextGen). Recently, the FAA has identified
in departure profile and the distant departure profile—to targets for noise reduction, including a near-term target
be used by air carrier operators. The AC outlines accept- to maintain its current 4% annual reduction in the num-
able criteria for speed, thrust settings, and airplane con- ber of people exposed to DNL 65 or greater, and com-
figurations used in connection with each NADP. These mensurate or greater reduction of the number of people
NADPs can then be combined with preferential runway exposed to DNL 55–65; as well as a long-term target,
use selections and flight path techniques to minimize, to first bringing DNL 65 primarily within airport boundary,
the greatest extent possible, the noise impacts], as well and later DNL 55 primarily within airport boundary
as some advanced navigation procedures such as (FAA 2008).
Required Navigation Procedures [Area Navigation • Airports are required by court order: Two recent cases
(RNAV) enables aircraft to fly on any desired flight path [Naples v. FAA (2005) and State of Minnesota et al. v.
within the coverage of ground- or space-based naviga- MAC (2007)] have determined that airports must address
tion aids, within the limits of the capability of the self- noise impacts beyond the current DNL 65 land use com-
contained systems, or a combination of both capabilities. patibility guidelines.
As such, RNAV aircraft have better access and flexi-
bility for point-to-point operations. RNP is RNAV with Review of the actions leading to adoption of DNL 65 land
the addition of an onboard performance monitoring and use compatibility guideline indicates that it was intended to be
alerting capability (FAA 2008)]. adjusted as industry needs changed (in particular, as technol-
• Airports have adopted local land use compatibility ogy improvements resulted in quieter aircraft). Federal noise
guidelines that apply to lower impact levels: Several policy has always recognized that land use compatibility deci-
jurisdictions have used DNL 60 dB in defining planning sions should be made at the local level. In addition, adoption
objectives or goals (Coffman Associates 2000). of the DNL 65 guideline in the 1970s reflected a compromise
• Airports have made commitments in support of airport between what was environmentally desirable and what was
capacity projects; for example, at Ft. Lauderdale, the economically and technologically feasible at the time.
FAA agreed in its Final Environmental Impact Statement
(EIS) on a runway extension to allow Broward County to This chapter addresses the existing and proposed applicable
follow neighborhood boundaries to mitigate for noise laws, policies, and regulations, plus relevant court decisions](https://image.slidesharecdn.com/compilationofnoiseprogramsinareasoutsidednl65-101222132731-phpapp02/75/Compilation-of-noise-programs-in-areas-outside-dnl-65-14-2048.jpg)
![8
consistent with human hearing [by reducing the contri- In addition to establishing these noise measurement tools,
bution of lower and very high frequencies to the total FAR Part 150 established a program for airports to develop
level) [14 C.F.R. Pt 150, App A § A150.3(a)]. (1) a “noise exposure map” or NEM that models existing and
• For purposes of evaluating noise exposure, the FAA future noise exposure and identifies the areas of incompatible
selected the Day–Night Average Sound Level (DNL), the land use, and (2) a “noise compatibility program” or NCP that
24-hour average sound level, in decibels, for the period identifies, examines, and recommends to the FAA alternative
from midnight to midnight, obtained after the addition means to mitigate and abate noise [49 U.S.C §§ 47503 (noise
of ten decibels to sound levels for the periods between exposure maps) and 47504 (noise compatibility programs);
midnight and 7 a.m., and between 10 p.m. and mid- 14 C.F.R. Pt. 150].
night, local time. The symbol for DNL is Ldn [14 C.F.R.
Pt 150, App A § A150.3(b)]. The NCP often is a principal component of an airport’s
• With respect to land use compatibility, the FAA pub- overall noise program since the NCP (1) is intended to be com-
lished a table in its regulations (14 C.F.R. Part 150, prehensive, both in its evaluation of noise issues and potential
Appendix A), which prescribes whether a variety of dif- solutions, (2) presents an opportunity for community involve-
ferent land use categories are compatible with aircraft ment and input, and (3) provides an indication of which noise
operations for a particular range of noise levels (14 control measures are eligible for federal funding.
C.F.R. Pt 150, App A § Table 1). That table identifies
DNL 65 dB as the threshold of compatibility for most Part 150 identifies certain measures that should be consid-
residential land uses, and where measures to achieve ered in preparing the noise compatibility program; these are
outdoor to indoor Noise Level Reduction of at least 25 summarized in Table 2.
dB and 30 dB should be incorporated into building
codes and be considered in individual approvals.
POLICIES ADDRESSING NOISE OUTSIDE DNL 65
Each of these requirements has been the subject of confu-
sion and contention. For example, there have been complaints Aircraft noise and land use compatibility has long been recog-
that dB(A) fails to account for low frequency noise (experi- nized as an important consideration in planning of communi-
enced as vibration or rumble) often associated with jet opera- ties and the airports that serve these communities (President’s
tions. The primary complaint with DNL is that it does not Airport Commission May 1952). The quantitative approach to
reflect the sound of individual aircraft operations, which may determining land uses compatible with aircraft noise began
be dramatically louder than the steady rate of sound captured with the Noise Control Act of 1972. It required the U.S. EPA
by DNL. In addition, although some contend that the DNL Administrator to conduct a study of the “ . . . implications of
65 dB level represents a scientifically and statistically accurate identifying and achieving levels of cumulative noise exposure
predictor of community annoyance, others assert that it is a around airports . . . ” (U.S. EPA 1973). This requirement
poor predictor of how a particular community or an individual resulted in the identification of DNL as the measure of cumu-
responds to aircraft noise. lative noise, and DNL 60 dB as the threshold of compatibility;
TABLE 2
NOISE COMPATIBILITY PROGRAM MEASURES
Operational Measures Land Use Measures Program Management Measures
• Implementing a preferential • Acquiring noise-impacted property • Posting signs on the airfield and at
runway system to direct air traffic • Acquiring “avigation easements” or other other locations at the airport to notify
over less-populated areas interests in property that permit aircraft to pilots about recommended flight pro-
• Using flight procedures, including fly over the property in exchange for pay- cedures and other measures
noise abatement approach and ments or other consideration • Creating a noise office at the airport
departure procedures • Requiring disclosure about the presence of and/or assigning responsibility for
• Identifying flight tracks to reduce the airport and potential noise impacts in noise issues to a staff member
noise and/or direct air traffic over real estate documents • Creating a dedicated telephone line or
less-populated areas • Constructing berms or other noise barriers other means for neighbors to submit
• Adopting mandatory restrictions • Sound insulation of structures used for comments/complaints about the air-
based on aircraft noise characteristics, noise-sensitive land uses (e.g., residences, port and individual aircraft operations
such as curfews schools, nursing homes) • Making flight track information avail-
• Identifying a particular area of the • Requiring the use of sound insulating able to the public
airport that can be used for aircraft building materials in new construction • Developing educational materials
engine runups and constructing a • Imposing zoning or other controls on noise- about the airport’s noise program for
“ground runup enclosure” to reduce sensitive land uses in impacted areas, pilots, other airport users, and commu-
noise from runups including prohibiting such development or nity members
requiring special permits and approvals](https://image.slidesharecdn.com/compilationofnoiseprogramsinareasoutsidednl65-101222132731-phpapp02/75/Compilation-of-noise-programs-in-areas-outside-dnl-65-16-2048.jpg)
![19
CHAPTER FIVE
LAND USE AND SOUND INSULATION POLICIES
This chapter summarizes land use policies that prevent or owners and realtors have no identified cost, airports noted
remediate incompatibilities outside of DNL 65, including other costs included city and county planning agencies and
review of development proposals, zoning, easements, disclo- administrative.
sure, sound insulation, building performance standards, and
property acquisition. Respondents indicated that the greatest challenges to
implementation are coordinating with local land use officials
(32%), coordinating with realtors (21%) and coordinating
PREVENTIVE LAND USE PLANNING with homeowners (18%). Respondents also noted “Not all
realtors or homeowners are cooperative even though they can
More than half of the surveyed airports (57%) reported having
be sued for non-compliance,” “Recommendations [are] not
land use compatibility measures that apply outside DNL 65.
always heeded,” and “Sometimes the local officials do not
The tools used by airports for land use compatibility planning
contact the airport on critical land development.”
include zoning, building permits that require sound insulation
of residential and noise-sensitive nonresidential land uses, and
Respondents reported a range of effectiveness: 21% said
disclosure to residents. Two airports reported that zoning pro-
their efforts were “very effective” in preventing incompatible
hibits residential development from DNL 60 to 65, and two
land uses outside DNL 65, 64% said their efforts were “some-
airports permit residential development with sound insulation
what or moderately effective,” and 16% said their efforts were
provided at either DNL 55 or 60. Other land use strategies
“not effective at all” (Figure 9).
include noise overlay districts, state compatibility plans, air-
port influence areas, and disclosure to 1 mile outside DNL 60.
Navigation easements are used by 75% of the responding air- SOUND INSULATION
ports. Real estate disclosures are used by 65% of the respond-
ing airports. The majority of respondents (58%) do not provide sound insu-
lation to homeowners living outside DNL 65; 20% provide
Land use compatibility policies are communicated to sound insulation for homes in contiguous neighborhoods
homeowners and realtors through newsletters or handouts (“block rounding”), and an additional 15% provide sound insu-
(27%), presentation to real estate boards (32%), and individ- lation for homes within the DNL 60 dB contour. Funding for
ual homeowner briefings (12%); 17% used other means of sound insulation programs outside DNL 65 comes from the air-
communication, such as working with government planning port (50%), FAA funding through Passenger Facility Charges
departments, public meetings, and responding to complaints. or AIP grants (36%), operators (7%), and homeowners (7%).
The airports’ cost to implement land use incompatible poli- Costs per home were reported between $10,000 and $15,000.
cies outside DNL 65 are minimal: five respondents reported Airports use a combination of funding sources for a maximum
that their costs are “minimal” or that they rely on in-house cost of $3.1 million for the entire program and a minimum
construction, legal, and staff time; one respondent identified cost of $10,000 per home. The FAA contributed 80% funding
total implementation costs of $250,000. Although home- for contiguous neighborhood sound insulation programs.](https://image.slidesharecdn.com/compilationofnoiseprogramsinareasoutsidednl65-101222132731-phpapp02/75/Compilation-of-noise-programs-in-areas-outside-dnl-65-27-2048.jpg)
![29
REFERENCES
“Airport Input Sought for ACRP Study of Noise Programs FAA Order 1050.1E, change 1, “Environmental Impacts:
Going Outside DNL 65,” Airport Noise Report, Vol. 20, Policies and Procedures,” Mar. 20, 2006.
p. 46. FAA Order 5050.4B, National Environmental Policy Act
“Airport Noise Compatibility Planning,” 14 CFR Part 150, (NEPA) Implementing Instructions for Airport Actions,
Federal Aviation Administration, Washington, D.C., 1981. Apr. 28, 2006, replaces FAA Order 5050.4A, Airport
“ATA Says Block-Rounding at Bob Hope, Ft. Lauderdale Int’l Environmental Handbook, Great Lakes Region Planning/
Has Gone Too Far,” Airport Noise Report, Vol. 20, p. 78. Programming Branch, FAA Airports Division, Washing-
Berkeley Keep Jets over the Bay Committee v. Board of Port ton, D.C.
Commissioners of Oakland, Nos. A086708, A087959, FAA Order 5100.38C, Airport Improvement Program Hand-
A089660, Court of Appeal, First District, Division 2, Cal- book, Chapter 7, Section 706, “Land Acquisition for Noise
ifornia, Aug. 30, 2001. Compatibility,” and Chapter 8, “Noise Compatibility Proj-
C.A.R.E. Now, Inc. v. F.A.A., 844 F.2d 1569 (11th Cir. 1988). ects,” June 28, 2005, Washington, D.C.
Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190 (D.C. FAA RNAV/RNP Group website [Online]. Available: http://
Cir. 1991). www.faa.gov/ato?k=pbn [accessed Nov. 3, 2008].
City of Bridgeton v. Slater, 212 F.3d 448 (8th Cir. 2000). Li, K., G. Eiff, J. Laffitte, and D. McDaniel, Land Use Man-
City of Naples Airport Authority, Petitioner v. Federal Avi- agement and Airport Controls: Trends and Indicators of
ation Administration, Respondent, 409 F.3d 431 (D.C. Incompatible Land Use, Report No. PARTNER-COE-
Cir. 2005). 2008-001, Dec. 2007.
Clarke, J.-P., et al., Development, Design, and Flight Test Los Angeles World Airports, LAX Master Plan website,
Evaluation of a Continuous Descent Approach Procedure Community Benefits [Online]. Available: http://www.lax
for Nighttime Operation at Louisville International Air- masterplan.org/comBenefits.cfm [accessed Nov. 3, 2008].
port, Report No. PARTNER-COE-2005-02, Jan. 9, 2006. Maryland Department of Aviation, State Aviation Adminis-
Coffman Associates, Lincoln NE, Airport Part 150, Appendix tration, Selection of Airport Noise Analysis Method and
E, Support Documentation for Land Use Regulations Exposure Limits, Baltimore, Jan. 1975.
within and below DNL 65, Table A, 2000. Morongo Band of Mission Indians v. FAA, 161 F.3d 569 (9th
Communities, Inc. v. Busey, 956 F.2d 619 (6th Cir. 1992). Cir. 1998).
Department of Defense, Air Installations Compatible Use President’s Airport Commission, The Airport and Its Neigh-
Zones, Number 4165.57, Washington, D.C., Nov. 8, 1977 bors: The Report of the President’s Airport Commission,
[Online]. Available: http://www.dtic.mil/whs/directives/ May 1952.
corres/text/i416557p.txt. Public Law 108-176, H.R.2115, Vision 100—Century of Avi-
Department of Defense, Joint Land Use Study (JLUS), Pro- ation Reauthorization Act, Dec. 2003.
gram Guidance Manual, Washington, D.C., Aug. 2002. Seattle Comm. Council Fed’n v. FAA, 961 F.2d 829 (9th Cir.
Department of Transportation, Aviation Noise Abatement 1992).
Policy, Washington, D.C., Nov. 18, 1976. State of Minnesota et al. v. Metropolitan Airports Commission
FAA, Noise Abatement Departure Profile, Advisory Circular, (MAC) and Northwest Airlines (Cities Litigation) Case
AC 91-53A, Washington, D.C., July 22, 1993. No. 277-CV-05-5474, District Court, County of Hen-
FAA, AIP, and PFC Funding Summary for Noise Compati- nepin, Nov. 2007.
bility Projects [Online]. Available: http://www.faa.gov/ Suburban O’Hare Comm’n v. Dole, 787 F.2d 186 (7th Cir.
airports_airtraffic/airports/environmental/airport_noise/ 1986), cert. denied 479 U.S. 847.
part_150/funding/ [accessed Nov. 3, 2008]. U.S. EPA, Impact Characterization of Noise Including Impli-
FAA, Great Lakes Region, Final Record of Decision, cations of Identifying and Achieving Levels of Cumulative
Minneapolis–St. Paul International Airport, Dual Track Noise Exposure, PB224408, Environmental Protection
Airport Planning Process: New Runway 17/35 and Air- Agency, Washington, D.C., July 1973.
port Layout Plan Approval, Minneapolis, Sep. 1998. U.S. EPA, Information on Levels of Environmental Noise
FAA, NextGen Environmental Goals and Targets, ACI-NA Requisite to Protect Public Health and Welfare with an
Environmental Committee, Sep. 21, 2008, Lynne Pickard, Adequate Margin of Safety, Environmental Protection
Deputy Director FAA Office of Environment & Energy Agency, Washington, D.C., Mar. 1974.](https://image.slidesharecdn.com/compilationofnoiseprogramsinareasoutsidednl65-101222132731-phpapp02/75/Compilation-of-noise-programs-in-areas-outside-dnl-65-37-2048.jpg)
![94
APPENDIX C
Case Study: Dallas/Ft. Worth International Airport
AIRPORT BACKGROUND meet its FAA Grant Assurances obligation to protect lands in
the airport environs from incompatible development. DFW is
Dallas/Ft. Worth International Airport (DFW) first opened to currently under pressure from local municipalities to update its
traffic on January 13, 1974. It is jointly owned by the cities of policy contours to reflect actual (current) noise conditions, and
Dallas and Fort Worth and is operated by the DFW Airport has committed good faith efforts to provide this noise con-
Board. DFW covers more than 29.8 square mile (18,076 acres), tour update by January 2009. An important question remains
and now has seven runways (Figure C1) (Much of the infor- whether local jurisdictions will adopt updated noise contours
mation in this case study came directly from DFW’s Noise for land use planning purposes, which will no doubt result in
Compatibility Office, specifically its memorandum entitled noise-sensitive development closer to DFW.
“Mission Relevance,” February 18, 2008.) DFW had 685,491
operations in 2007, making it the third busiest airport in the
world based on operations; with 59,786,476 passengers in OPERATIONAL MEASURES
2007, it was also the seventh busiest based on passengers
DFW has two operational noise abatement measures: (1) a
[“Facts about DFW” http://www.dfwairport.com/visitor/index.
Preferential Runway Use Plan, and (2) Area Navigation Flight
php?ctnid=24254 (accessed Sep. 8, 2008)].
Procedures (RNAV).
Aircraft noise was not a serious community issue prior to
The DFW Runway Use Plan was developed following the
the launch of DFW’s Airport Development Plan in 1987. In
1992 Final EIS for two proposed runways and other capacity
1990, an Environmental Impact Statement (EIS) for the build-
improvements (FEIS Section 4.5.1.1 and ROD Chapter 4).
ing of two new runways and redevelopment of terminals was
The Preferential Runway Use System identified in that plan
released. Neighboring cities challenged DFW Airport on zon-
“provides a hierarchical rating of runway use for arrivals and
ing authority; court tests ensued on the EIS. In 1992, the FAA
departures by aircraft type.” This system is used under typical
issued a favorable Record of Decision (ROD), approving
operations conditions and during typical operating hours; addi-
Runways 16/34 East and West. Three cities filed suit to chal-
tional stipulations are applied during late night hours (10 p.m.
lenge DFW’s expansion in state and federal courts. In 1993,
to 7 a.m.) (Runway Use Plan 1996). The preferential runway
the Texas Legislature passed Senate Bill 348 reaffirming that
use plan for turbojet aircraft is shown in Table C1.
DFW is exempt from local zoning ordinances; the U.S. Court
of Appeals ruled in favor of DFW on the EIS lawsuit, and
At DFW, the FAA has replaced conventional departure
DFW held the ground breaking for Runway 16/34 East. The
procedures, which rely on controller instructions and vector-
ROD on the 1992 Final EIS tasked the Airport to “implement
ing, with RNAV departure procedures. RNAV relies on pre-
an extensive noise mitigation program . . . to mitigate for the
programmed routing and satellite navigation. Deployment of
increased noise levels to residences and other noise-sensitive
RNAV at DFW contributed to FAA’s nationwide implemen-
uses.” In particular, the ROD required DFW to establish a
tation strategy to develop more precise and efficient arrival
noise and flight track monitoring system to assure communi-
and departure procedures at U.S. airports enhancing airspace
ties that noise would not exceed predicted levels.
efficiency and safety, reducing air emissions, and reducing
delays. DFW was one of the first airports in the nation to use
NOISE COMPATIBILITY PROGRAM this departure technology.
DFW has never conducted a formal Part 150 study; neverthe- According to the Air Transport Association, RNAV tech-
less, DFW has a comprehensive noise abatement program, nology increases the number of aircraft departures handled at
which includes operational procedures [most notably prefer- DFW by approximately 14%. RNAV Departure Procedures
ential runway use program and RNAV (area navigation) pro- can be accommodated generally within existing flight corri-
cedures], land use measures (preventive land use planning as dors and using existing approved headings. The use of RNAV
well as mitigation for limited areas), and outreach (a state-of- reduces the overall number of population over-flown. RNAV
the-art noise and flight track monitoring system, and public departure corridors are compressed, which concentrates
outreach facilities). large volumes of aircraft activity over relatively small areas.
RNAV effects on DFW’s departure patterns are illustrated
Arguably, the most important element of DFW’s noise pro- in Figure C2. Ninety-five percent of DFW’s turbojet fleet
gram is the adoption of “noise policy contours” and diligence was equipped to fly the RNAV procedures by 2007. The
on the part of DFW Noise Compatibility Office (NCO) staff to FAA estimates an $8.5 million annual savings with the new](https://image.slidesharecdn.com/compilationofnoiseprogramsinareasoutsidednl65-101222132731-phpapp02/75/Compilation-of-noise-programs-in-areas-outside-dnl-65-102-2048.jpg)
![97
FIGURE C4 Southlake land use proposals acted on by the DFW Noise Compatibility Office.
agement designated the NCO the community liaison to restore ested audiences, large and small. This graphic capabil-
trust and reestablish credibility. The following tools are respon- ity has proven, over time, to be a premier tool in further-
sive to this declared responsibility: ing community and stakeholder education, outreach,
demonstrating transparency, and restoring credibility in
• DFW instituted several community forums and out- the context of DFW meeting its Final EIS noise-related
reach programs pursuant to the above referenced legis- mandates.
lation and responsive to the provisions embodied in the • DFW NCO staff often use noise and flight track data
1992 Final EIS. to inform communities about proposed modifications in
• DFW’s Noise Center (Figure C5) was established with flight track corridors and application of new technology
aircraft noise and flight track displays. This NCO func- [e.g., RNAV].
tion provides “real time” data presentations to inter- • DFW NCO tracks and responds to its Noise Complaint
Hotline; since 1999, noise complaints have dropped an
average of 20% per year (Figure C6).
• DFW has developed a number of informational brochures
and reports, including: Runway Use Plan, Noise Mon-
itoring Brochure(s), and related informational take-
away(s).
SUMMARY OF PROGRAM MEASURES
OUTSIDE DNL 65
The most recent DNL contours for DFW were prepared in
2002 for the Environmental Assessment of RNAV proce-
dures. Those contours show that the 65 DNL noise contour of
2002 is almost entirely within the airport property boundary.
Figure C7 presents a comparison of DNL 65 contours at DFW
FIGURE C5 DFW Noise Compatibility Center. over time, including: NCTCOG contours prepared in 1971](https://image.slidesharecdn.com/compilationofnoiseprogramsinareasoutsidednl65-101222132731-phpapp02/75/Compilation-of-noise-programs-in-areas-outside-dnl-65-105-2048.jpg)
![102
TABLE D1
CHRONOLOGY OF EVENTS LEADING TO IMPLEMENTATION OF STAGE 2 RESTRICTION
Date Event Comments
June 23, 2000 NAA invitation to public to comment on
proposed restriction on Stage 2 jet operations at
Naples Municipal Airport
June 30, 2000 Part 161 study published Notice of study availability and
opportunity for comments distributed
widely
Nov. 16, 2000 Response to Comments published Responses provided for 36 comment
categories
Dec. 2000 FAA initiates enforcement action alleging NAA suspends enforcement of ban while
Stage 2 ban violated Part 161 responding to FAA.
Dec. 2000 National Business Aviation Association Ban upheld in federal district court,
(NBAA) and General Aviation Manufacturers September 2001.
Association (GAMA) sue NAA in federal court
alleging the ban is unconstitutional
Jan. 18, 2001 NAA meeting w/FAA staff Discuss FAA comments. FAA staff offer to
work with the NAA in an informal process
to resolve any agency concerns, approach
to supplemental analysis.
Aug. 2001 Part 161 Supplemental Analysis published
Oct. 2001 FAA found that the study fully complied with
the requirements of Part 161
Oct. 2001 FAA initiates second enforcement action under FAA alleges that Stage 2 ban violates the
Part 16 rules which require (1) Investigation, grant assurance that “the airport will be
(2) Hearing, and (3) Final Decision. available for public use on reasonable
conditions and without unjust
discrimination.”
March 2002 NAA enforces ban Grant money withheld
March 2003 INVESTIGATION: NAA appeals decision, provides responses
FAA issues 94-page “Director’s to all FAA allegations
Determination” that Stage 2 ban is preempted
by federal law and violated Grant Assurance
22—“make airport available for public use on
reasonable terms and without unjust
discrimination to all types, kinds, and classes of
aeronautical activities.”
June 2003 HEARING: Hearing Officer issues 56-page “Initial
FAA attorney appointed as Hearing Officer and Decision” that ban not preempted, not
conducts hearing on NAA appeal. unjustly discriminatory, but was (1)
unreasonable, (2) Part 161 compliance does
not affect Grant Assurance obligations, and
(3) FAA not bound by prior federal court
decision [see Dec. 2000, above]
July 2003 Both NAA and FAA appeal the Initial Decision
Aug. 2003 FINAL DECISION: Decision:
Associate Administrator issues Final Agency (1) FAA is not bound by prior federal court
Decision and Order—Grant funding to be decision because FAA was not a party to
withheld so long as NAA enforces Stage 2 ban. the case.
2) Compliance with Part 161 has no effect
on Grant Assurance Obligations.
3) Stage 2 ban unreasonable because there
is no incompatible land use problem in
Naples that warrants a restriction on airport
operations [because there is no
incompatible land use inside 65 dB DNL].
Sept. 2003 Naples Airport Authority files petition for Petition to U.S. Court of Appeals for the
review District of Columbia.
June 2005 U.S. Court of Appeals for the District of Circuit Court found that it is permissible
Columbia Circuit rules Stage 2 ban is for NAA to consider the benefits of the
reasonable (and Grant Assurances not affected) restriction to noise-sensitive areas within
60 dB DNL.
It also found that Grant Assurances do
apply, but that because the ban is not
unreasonable, the Grants are not affected.](https://image.slidesharecdn.com/compilationofnoiseprogramsinareasoutsidednl65-101222132731-phpapp02/75/Compilation-of-noise-programs-in-areas-outside-dnl-65-110-2048.jpg)
Uploaded bycity of dania beach
Compilation of noise programs in areas outside dnl 65
This document provides a summary of noise programs implemented at airports located outside of the 65 DNL noise contour. It discusses common noise mitigation programs including land acquisition, sound insulation of homes, operational restrictions, and noise monitoring. The synthesis examines practices at 19 U.S. and Canadian airports to identify techniques that have helped address aircraft noise impacts in surrounding communities.
More Related Content
Similar to Compilation of noise programs in areas outside dnl 65
Compilation of noise programs in areas outside dnl 65
- 1. ACRP AIRPORT COOPERATIVE RESEARCH PROGRAM SYNTHESIS 16 Sponsored by Compilation of Noise Programs the Federal in Areas Outside DNL 65 Aviation Administration A Synthesis of Airport Practice
- 2. ACRP OVERSIGHT COMMITTEE* TRANSPORTATION RESEARCH BOARD 2009 EXECUTIVE COMMITTEE* CHAIR OFFICERS JAMES WILDING Chair: Adib K. Kanafani, Cahill Professor of Civil Engineering, University of California, Berkeley Independent Consultant Vice Chair: Michael R. Morris, Director of Transportation, North Central Texas Council of Governments, Arlington VICE CHAIR Executive Director: Robert E. Skinner, Jr., Transportation Research Board JEFF HAMIEL MEMBERS Minneapolis–St. Paul Metropolitan Airports Commission J. BARRY BARKER, Executive Director, Transit Authority of River City, Louisville, KY ALLEN D. BIEHLER, Secretary, Pennsylvania DOT, Harrisburg MEMBERS LARRY L. BROWN, SR., Executive Director, Mississippi DOT, Jackson DEBORAH H. BUTLER, Executive Vice President, Planning, and CIO, Norfolk Southern JAMES CRITES Corporation, Norfolk, VA Dallas–Ft. Worth International Airport WILLIAM A.V. CLARK, Professor, Department of Geography, University of California, RICHARD DE NEUFVILLE Los Angeles Massachusetts Institute of Technology DAVID S. EKERN, Commissioner, Virginia DOT, Richmond KEVIN C. DOLLIOLE NICHOLAS J. GARBER, Henry L. Kinnier Professor, Department of Civil Engineering, Unison Consulting University of Virginia, Charlottesville JOHN K. DUVAL JEFFREY W. HAMIEL, Executive Director, Metropolitan Airports Commission, Minneapolis, MN Beverly Municipal Airport EDWARD A. (NED) HELME, President, Center for Clean Air Policy, Washington, DC KITTY FREIDHEIM WILL KEMPTON, Director, California DOT, Sacramento Freidheim Consulting SUSAN MARTINOVICH, Director, Nevada DOT, Carson City STEVE GROSSMAN DEBRA L. MILLER, Secretary, Kansas DOT, Topeka Oakland International Airport NEIL J. PEDERSEN, Administrator, Maryland State Highway Administration, Baltimore TOM JENSEN PETE K. RAHN, Director, Missouri DOT, Jefferson City National Safe Skies Alliance SANDRA ROSENBLOOM, Professor of Planning, University of Arizona, Tucson CATHERINE M. LANG TRACY L. ROSSER, Vice President, Corporate Traffic, Wal-Mart Stores, Inc., Bentonville, AR Federal Aviation Administration ROSA CLAUSELL ROUNTREE, Consultant, Tyrone, GA GINA MARIE LINDSEY STEVE T. SCALZO, Chief Operating Officer, Marine Resources Group, Seattle, WA Los Angeles World Airports HENRY G. (GERRY) SCHWARTZ, JR., Chairman (retired), Jacobs/Sverdrup Civil, Inc., CAROLYN MOTZ St. Louis, MO Hagerstown Regional Airport C. MICHAEL WALTON, Ernest H. Cockrell Centennial Chair in Engineering, University of RICHARD TUCKER Texas, Austin Huntsville International Airport LINDA S. WATSON, CEO, LYNX–Central Florida Regional Transportation Authority, Orlando STEVE WILLIAMS, Chairman and CEO, Maverick Transportation, Inc., Little Rock, AR EX OFFICIO MEMBERS SABRINA JOHNSON EX OFFICIO MEMBERS U.S. Environmental Protection Agency THAD ALLEN (Adm., U.S. Coast Guard), Commandant, U.S. Coast Guard, Washington, DC RICHARD MARCHI REBECCA M. BREWSTER, President and COO, American Transportation Research Institute, Airports Council International— Smyrna, GA North America GEORGE BUGLIARELLO, President Emeritus and University Professor, Polytechnic Institute LAURA McKEE of New York University, Brooklyn; Foreign Secretary, National Academy of Engineering, Air Transport Association of America Washington, DC HENRY OGRODZINSKI JAMES E. CAPONITI, Acting Deputy Administrator, Maritime Administration, U.S.DOT National Association of State Aviation CYNTHIA DOUGLASS, Acting Deputy Administrator, Pipeline and Hazardous Materials Safety Officials Administration, U.S.DOT MELISSA SABATINE LEROY GISHI, Chief, Division of Transportation, Bureau of Indian Affairs, U.S. Department of American Association of Airport the Interior, Washington, DC Executives EDWARD R. HAMBERGER, President and CEO, Association of American Railroads, Washington, DC ROBERT E. SKINNER, JR. JOHN C. HORSLEY, Executive Director, American Association of State Highway and Transportation Research Board Transportation Officials, Washington, DC ROSE A. MCMURRY, Acting Deputy Administrator, Federal Motor Carrier Safety Administration, SECRETARY U.S.DOT CHRISTOPHER W. JENKS RONALD MEDFORD, Acting Deputy Administrator, National Highway Traffic Safety Administration, Transportation Research Board U.S.DOT WILLIAM W. MILLAR, President, American Public Transportation Association, Washington, DC LYNNE A. OSMUS, Acting Administrator, Federal Aviation Administration, U.S.DOT JEFFREY F. PANIATI, Acting Deputy Administrator and Executive Director, Federal Highway Administration, U.S.DOT STEVEN K. SMITH, Acting Deputy Administrator, Research and Innovative Technology Administration, U.S.DOT JO STRANG, Acting Deputy Administrator, Federal Railroad Administration, U.S.DOT ROBERT L. VAN ANTWERP (Lt. Gen., U.S. Army), Chief of Engineers and Commanding General, U.S. Army Corps of Engineers, Washington, DC MATTHEW WELBES, Executive Director and Acting Deputy Administrator, Federal Transit Administration, U.S.DOT *Membership as of November 2008. *Membership as of February 2009.
- 3. AIRPORT COOPERATIVE RESEARCHPROGRAM ACRP SYNTHESIS 16 Compilation of Noise Programs in Areas Outside DNL 65 A Synthesis of Airport Practice CONSULTANTS MARY ELLEN EAGAN and ROBIN GARDNER Harris Miller Miller & Hanson, Inc. Burlington, Massachusetts S UBJECT A REAS Aviation Research Sponsored by the Federal Aviation Administration TRANSPORTATION RESEARCH BOARD WASHINGTON, D.C. 2009 www.TRB.org
- 4. AIRPORT COOPERATIVE RESEARCHPROGRAM ACRP SYNTHESIS 16 Airports are vital national resources. They serve a key role in Project 11-03, Topic S02-03 transportation of people and goods and in regional, national, and ISSN 1935-9187 international commerce. They are where the nation’s aviation sys- ISBN 978-0-309-09841-0 tem connects with other modes of transportation and where federal Library of Congress Control Number 2009928788 responsibility for managing and regulating air traffic operations intersects with the role of state and local governments that own and © 2009 Transportation Research Board operate most airports. Research is necessary to solve common oper- ating problems, to adapt appropriate new technologies from other industries, and to introduce innovations into the airport industry. COPYRIGHT PERMISSION The Airport Cooperative Research Program (ACRP) serves as one Authors herein are responsible for the authenticity of their materials and for of the principal means by which the airport industry can develop obtaining written permissions from publishers or persons who own the innovative near-term solutions to meet demands placed on it. copyright to any previously published or copyrighted material used herein. The need for ACRP was identified in TRB Special Report 272: Cooperative Research Programs (CRP) grants permission to reproduce Airport Research Needs: Cooperative Solutions in 2003, based on material in this publication for classroom and not-for-profit purposes. a study sponsored by the Federal Aviation Administration (FAA). Permission is given with the understanding that none of the material will The ACRP carries out applied research on problems that are shared be used to imply TRB or FAA endorsement of a particular product, method, by airport operating agencies and are not being adequately or practice. It is expected that those reproducing the material in this addressed by existing federal research programs. It is modeled after document for educational and not-for-profit uses will give appropriate the successful National Cooperative Highway Research Program acknowledgment of the source of any reprinted or reproduced material. For and Transit Cooperative Research Program. The ACRP undertakes other uses of the material, request permission from CRP. research and other technical activities in a variety of airport subject areas, including design, construction, maintenance, operations, safety, security, policy, planning, human resources, and adminis- NOTICE tration. The ACRP provides a forum where airport operators can cooperatively address common operational problems. The project that is the subject of this report was a part of the Airport The ACRP was authorized in December 2003 as part of the Cooperative Research Program conducted by the Transportation Research Vision 100-Century of Aviation Reauthorization Act. The primary Board with the approval of the Governing Board of the National Research participants in the ACRP are (1) an independent governing board, Council. Such approval reflects the Governing Board’s judgment that the the ACRP Oversight Committee (AOC), appointed by the Secretary project concerned is appropriate with respect to both the purposes and of the U.S. Department of Transportation with representation from resources of the National Research Council. airport operating agencies, other stakeholders, and relevant indus- The members of the technical advisory panel selected to monitor this try organizations such as the Airports Council International-North project and to review this report were chosen for recognized scholarly America (ACI-NA), the American Association of Airport Execu- competence and with due consideration for the balance of disciplines tives (AAAE), the National Association of State Aviation Officials appropriate to the project. The opinions and conclusions expressed or implied are those of the research agency that performed the research, and (NASAO), and the Air Transport Association (ATA) as vital links while they have been accepted as appropriate by the technical panel, they to the airport community; (2) the TRB as program manager and sec- are not necessarily those of the Transportation Research Board, the National retariat for the governing board; and (3) the FAA as program spon- Research Council, or the Federal Aviation Administration of the U.S. sor. In October 2005, the FAA executed a contract with the National Department of Transportation. Academies formally initiating the program. Each report is reviewed and accepted for publication by the technical The ACRP benefits from the cooperation and participation of air- panel according to procedures established and monitored by the port professionals, air carriers, shippers, state and local government Transportation Research Board Executive Committee and the Governing officials, equipment and service suppliers, other airport users, and Board of the National Research Council. research organizations. Each of these participants has different interests and responsibilities, and each is an integral part of this cooperative research effort. Research problem statements for the ACRP are solicited period- The Transportation Research Board of the National Academies, the National ically but may be submitted to the TRB by anyone at any time. It is Research Council, and the Federal Aviation Administration (sponsor of the responsibility of the AOC to formulate the research program by the Airport Cooperative Research Program) do not endorse products or identifying the highest priority projects and defining funding levels manufacturers. Trade or manufacturers’ names appear herein solely because and expected products. they are considered essential to the clarity and completeness of the project Once selected, each ACRP project is assigned to an expert panel, reporting. appointed by the TRB. Panels include experienced practitioners and research specialists; heavy emphasis is placed on including airport professionals, the intended users of the research products. The panels prepare project statements (requests for proposals), select contractors, and provide technical guidance and counsel throughout the life of the Published reports of the project. The process for developing research problem statements and selecting research agencies has been used by TRB in managing coop- AIRPORT COOPERATIVE RESEARCH PROGRAM erative research programs since 1962. As in other TRB activities, are available from: ACRP project panels serve voluntarily without compensation. Primary emphasis is placed on disseminating ACRP results to the Transportation Research Board intended end-users of the research: airport operating agencies, service Business Office 500 Fifth Street, NW providers, and suppliers. The ACRP produces a series of research Washington, DC 20001 reports for use by airport operators, local agencies, the FAA, and other interested parties, and industry associations may arrange for work- and can be ordered through the Internet at http://www.national-academies.org/trb/bookstore shops, training aids, field visits, and other activities to ensure that results are implemented by airport-industry practitioners. Printed in the United States of America
- 5. The National Academyof Sciences is a private, nonprofit, self-perpetuating society of distinguished schol- ars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. On the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and techni- cal matters. Dr. Ralph J. Cicerone is president of the National Academy of Sciences. The National Academy of Engineering was established in 1964, under the charter of the National Acad- emy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achieve- ments of engineers. Dr. Charles M. Vest is president of the National Academy of Engineering. The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, on its own initiative, to identify issues of medical care, research, and education. Dr. Harvey V. Fineberg is president of the Institute of Medicine. The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy’s purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Acad- emy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scien- tific and engineering communities. The Council is administered jointly by both the Academies and the Insti- tute of Medicine. Dr. Ralph J. Cicerone and Dr. Charles M. Vest are chair and vice chair, respectively, of the National Research Council. The Transportation Research Board is one of six major divisions of the National Research Council. The mission of the Transportation Research Board is to provide leadership in transportation innovation and progress through research and information exchange, conducted within a setting that is objective, interdisci- plinary, and multimodal. The Board’s varied activities annually engage about 7,000 engineers, scientists, and other transportation researchers and practitioners from the public and private sectors and academia, all of whom contribute their expertise in the public interest. The program is supported by state transportation depart- ments, federal agencies including the component administrations of the U.S. Department of Transportation, and other organizations and individuals interested in the development of transportation. www.TRB.org www.national-academies.org
- 6. ACRP COMMITTEE FORPROJECT 11-03 COOPERATIVE RESEARCH PROGRAMS STAFF CHRISTOPHER W. JENKS, Director, Cooperative Research Programs CHAIR CRAWFORD F. JENCKS, Deputy Director, Cooperative Research BURR STEWART Programs Port of Seattle MICHAEL R. SALAMONE, Senior Program Officer EILEEN DELANEY, Director of Publications MEMBERS GARY C. CATHEY ACRP SYNTHESIS STAFF California Department of Transportation STEPHEN R. GODWIN, Director for Studies and Special Programs KEVIN C. DOLLIOLE JON M. WILLIAMS, Program Director, IDEA and Synthesis Studies Unison Consulting, Inc. GAIL STABA, Senior Program Officer JULIE KENFIELD DON TIPPMAN, Editor Jacobs CHERYL Y. KEITH, Senior Program Assistant CAROLYN MOTZ Hagerstown Regional Airport TOPIC PANEL TERESA ARNOLD, McCarran International Airport FAA LIAISON MARK CLARK, Buffalo Niagara International Airport LORI PAGNANELLI PATRICIA DAVIES, Purdue University CHRISTINE GERENCHER, Transportation Research Board ACI–NORTH AMERICA LIAISON CHAD E. LEQVE, Minneapolis–St. Paul Metropolitan Airports A.J. MULDOON Commission JASON SCHWARTZ, Port of Portland (Oregon) TRB LIAISON THEODORE D. SOLIDAY, City of Naples Airport Authority CHRISTINE GERENCHER SCOTT TATRO, Los Angeles World Airports MARY L. VIGILANTE, Synergy Consultants, Inc., Seattle VICKI CATLETT, Federal Aviation Administration (Liaison) JOE DIPARDO, Federal Aviation Administration (Liaison) JESSICA STEINHILBER, Airports Council International–North America ACKNOWLEDGMENTS The authors wish to acknowledge the thoughtful contributions of International Airport) for providing so much information about the the ACRP Panel members to the design and review of this synthesis. DFW noise program and Ted Soliday (Naples Municipal Airport) for The authors also wish to thank survey participants for their time and sharing the Naples story. Finally, Gail Staba (TRB staff) has been a interest in this project, especially Sandy Lancaster (Dallas–Ft. Worth valuable asset in coordinating team members and survey participants.
- 7. FOREWORD Airport administrators, engineers, and researchers often face problems for which infor- mation already exists, either in documented form or as undocumented experience and prac- tice. This information may be fragmented, scattered, and unevaluated. As a consequence, full knowledge of what has been learned about a problem may not be brought to bear on its solution. Costly research findings may go unused, valuable experience may be overlooked, and due consideration may not be given to recommended practices for solving or alleviat- ing the problem. There is information on nearly every subject of concern to the airport industry. Much of it derives from research or from the work of practitioners faced with problems in their day- to-day work. To provide a systematic means for assembling and evaluating such useful in- formation and to make it available to the entire airport community, the Airport Cooperative Research Program authorized the Transportation Research Board to undertake a continu- ing project. This project, ACRP Project 11-03, “Synthesis of Information Related to Air- port Practices,” searches out and synthesizes useful knowledge from all available sources and prepares concise, documented reports on specific topics. Reports from this endeavor constitute an ACRP report series, Synthesis of Airport Practice. This synthesis series reports on current knowledge and practice, in a compact format, without the detailed directions usually found in handbooks or design manuals. Each report in the series provides a compendium of the best knowledge available on those measures found to be the most successful in resolving specific problems. PREFACE This synthesis study is intended to inform airport operators, stakeholders, and policy By Gail Staba makers about alternative actions currently used by airports to address noise outside the DNL Senior Program Officer (Day–Night Average Noise Level) 65 contour. Federal policy identifying DNL 65 as the Transportation level of cumulative aircraft noise considered “significant” can be traced to the U.S.DOT’s Research Board Aviation Noise Abatement Policy of 1976. No formal policy statements have been issued since 1976 that address noise outside DNL 65. For this ACRP synthesis, an online survey of airport staff was conducted regarding noise outside DNL 65. The survey was designed primarily to identify the reasons for ad- dressing noise outside DNL 65, and the wide range of noise abatement, mitigation, and communication techniques used to address noise outside DNL 65 that extend beyond sound insulation. Mary Ellen Eagan and Robin Gardner, Harris Miller Miller & Hanson, Inc., Burlington Massachusetts, collected and synthesized the information and wrote the report. The mem- bers of the topic panel are acknowledged on the preceding page. This synthesis is an im- mediately useful document that records the practices that were acceptable within the limi- tations of the knowledge available at the time of its preparation. As progress in research and practice continues, new knowledge will be added to that now at hand.
- 8. CONTENTS 1 SUMMARY 5 CHAPTER ONE INTRODUCTION Purpose of Report, 5 Report Structure, 5 6 CHAPTER TWO REGULATIONS, POLICIES, AND COURT CASES GOVERNING ISSUES OF NOISE OUTSIDE DNL 65 Regulations Addressing Noise Outside DNL 65, 7 Policies Addressing Noise Outside DNL 65, 8 Capacity Enhancement Commitments Addressing Noise Outside DNL 65, 10 Court Cases Addressing Noise Outside DNL 65, 10 12 CHAPTER THREE SURVEY OF AIRPORTS REGARDING NOISE OUTSIDE DNL 65 Survey Methodology, 12 Overall Survey Results, 12 14 CHAPTER FOUR OPERATIONAL PROCEDURES Noise Abatement Flight Tracks and Flight Procedures, 14 Aircraft Ground Noise Control, 16 19 CHAPTER FIVE LAND USE AND SOUND INSULATION POLICIES Preventive Land Use Planning, 19 Sound Insulation, 19 21 CHAPTER SIX COMMUNICATION AND OUTREACH Community Outreach, 21 Outreach to Aircraft Operators, 21 23 CHAPTER SEVEN CASE STUDIES Naples Municipal Airport, 23 Dallas/Ft. Worth International Airport, 24 27 CHAPTER EIGHT CONCLUSIONS 29 REFERENCES 30 GLOSSARY OF TERMS, ABBREVIATIONS, AND ACRONYMS
- 9. 31 APPENDIX A SURVEY INSTRUMENT 42 APPENDIX B SURVEY RESULTS AND ANALYSIS 94 APPENDIX C CASE STUDY: DALLAS/FT. WORTH INTERNATIONAL AIRPORT 100 APPENDIX D CASE STUDY: NAPLES MUNICIPAL AIRPORT
- 10. COMPILATION OF NOISEPROGRAMS IN AREAS OUTSIDE DNL 65 SUMMARY There are a number of existing and emerging reasons that airport operators need or desire to take action to address noise outside the Day–Night Average Noise Level (DNL) 65 contour, including the following: • Airports are required by court order, • Reasonable and cost-effective programs are available to address residential concerns outside DNL 65, • Airports have adopted local land use compatibility guidelines that apply to lower impact levels, • Airports have made commitments in support of airport capacity projects, • Existing noise compatibility has matured and substantial complaints exist in areas out- side the DNL 65 contour, and • Federal and international policy is moving outside DNL 65. Review of the actions leading to adoption of DNL 65 land use compatibility guideline demonstrates that it was intended to be adjusted as industry needs changed (in particular, as technology improvements resulted in quieter aircraft). In addition, adoption of the DNL 65 guideline in the 1970s and 1980s reflected a compromise between what was environmentally desirable and what was economically and technologically feasible at the time. Federal policy identifying DNL 65 as the level of cumulative aircraft noise considered “significant” can be traced to the U.S.DOT’s Aviation Noise Abatement Policy of 1976. No formal policy state- ments have been issued since 1976 that address noise outside DNL 65. For this ACRP synthesis, an online survey of airport staff was conducted regarding noise outside DNL 65. The survey was designed primarily to identify the reasons for addressing noise outside DNL 65, and the wide range of noise abatement, mitigation, and communication tech- niques used to address noise outside DNL 65 that extend beyond sound insulation. Potential survey recipients were identified by the consultant and Project Panel based on some know- ledge of noise issues at subject airports. Other airports were invited to participate through an article in the newsletter Airport Noise Report. As a result, the pool of respondents does not nec- essarily reflect average opinion on the subject of noise outside DNL 65; it does, however, rep- resent a diverse sample of airports in terms of size and geography. Of the 43 airports targeted, 35 responded for an 81% response rate, which exceeds the 80% target for ACRP synthesis stud- ies. Given the relatively small sample size, conclusions should not be considered definitive for all airports, but illustrative of the range of challenges airports face and the variety of approaches to address them. The survey included five general questions regarding noise issues outside DNL 65. The responses to these questions are instructive: • A majority of respondents (83%) indicated that noise issues outside DNL 65 were “impor- tant,” “very important,” or “critical” to their airport. The remaining 17% were evenly split, stating that noise issues outside DNL 65 were “somewhat important,” or “not at all important.”
- 11. 2 • The most frequently listed method of minimizing noise outside DNL 65 was operator edu- cation and outreach (74% of respondents), followed by noise abatement flight tracks (69%), preferential runway use programs (66%), noise abatement departure or arrival pro- cedures (60%), and ground noise control (51%). • Eighty percent of respondents indicated that “community concerns” were the motivation for addressing noise outside DNL 65; 57% also indicated that “preventive planning” was a motivation. • Almost three-quarters of respondents (74%) indicated that more than 75% of their air- port’s noise complaints come from people who live outside DNL 65. • The most common outreach tools to communicate with people exposed to noise outside DNL 65 are websites (74%), community meetings/forums (74%), online tracking (40%), and newsletters (40%). The survey also found the following: • A majority of surveyed airports use noise abatement departure (63%) and arrival (51%) flight tracks and departure (54%) and arrival cockpit procedures (40%) to minimize noise over residential and other noise-sensitive neighborhoods. However, among sur- veyed airports there is no consistency in methodology among airports for evaluating noise abatement outside DNL 65, and there is little guidance or support from the FAA on appropriate metrics or criteria for evaluating noise abatement procedures. • Most airports reported some procedures to minimize ground noise (69%); 25% of those airports reported that the procedures were developed primarily to address noise out- side DNL 65, and an additional 38% reported that procedures were developed to address noise issues both inside and outside DNL 65. • More than half of the surveyed airports (57%) reported having land use compatibility measures that apply outside DNL 65. The tools used by airports for land use compatibil- ity planning include zoning, building permits that require sound insulation of residential and noise-sensitive nonresidential land uses, and disclosure to residents. • The majority of respondents (58%) do not provide sound insulation to homeowners living outside DNL 65. However, 20% provide sound insulation for homes in contiguous neigh- borhoods (“block rounding”), and an additional 15% provide sound insulation for homes within the DNL 60 dB contour. • Nearly three-quarters of respondents (74%) reported that they use both websites and face-to-face meetings to communicate with people exposed to noise outside DNL 65. • The responding airports communicate with pilots about noise outside DNL 65 in a num- ber of ways: the most common are pilot briefings (40%) and Jeppesen inserts (40%), posters and handouts (37%), and FAA standards (17%); other methods include airfield signage, Airport Facility Directory Special Notices, videos distributed through flight schools, and phone calls. The two case studies presented in this synthesis were selected to reflect a diversity of airport size, geography, and strategies to address noise issues outside DNL 65. The case studies demon- strate that there is a need for airports to have flexibility in addressing noise outside DNL 65— whether because communities have demanded it (Naples Municipal Airport) or because the air- port has conducted proactive planning (Dallas/Ft. Worth International Airport). Both airports offer strategies that could be adopted by other airports as best practices for similar situations; the common elements include invested staff, consistent and transparent communication, and close collaboration with local land use planning organizations. This synthesis identified the need for additional research in the following areas: • “Toolkit” of strategies to address noise outside DNL 65 with recommended best prac- tices that could help airports identify those strategies best suited for a variety of noise issues outside DNL 65.
- 12. 3 • Communication—Better methodsare needed for working with local communities. • Evaluation of noise abatement strategies outside DNL 65, including noise metrics, cri- teria, and benefit-cost analyses. • Land use measures—This study identified a need to identify the barriers to implement- ing land use measures. • Complaints—The relationship between noise complaints and noise level is still not well understood. Areas for research in this area include: (1) an evaluation of how complaints are made, recorded, and dealt with; (2) how airport operators use and evaluate complaint levels to drive noise programs; and (3) how airport operators evaluate the effectiveness of noise programs through changes in complaints. • Case studies: Those described in this synthesis are instructive; however, the scope of this project did not allow for an in-depth analysis or discussion of some of the best prac- tice strategies that could be derived from these airports.
- 13. 5 CHAPTER ONE INTRODUCTION This reportpresents the results of ACRP Project S02-03, Com- Chapter three—Survey of Airports Regarding Noise Out- pilation of Noise Programs in Areas Outside DNL 65. This side DNL 65—A summary of the survey conducted for this introductory chapter describes the purpose of the report, pre- synthesis, including survey methodology, and an overview of sents the methodology used to develop the report, and outlines results. the organization of the report. Chapter four—Operational Procedures—Information on the development and implementation of noise abatement PURPOSE OF REPORT procedures designed specifically to address noise issues out- There has been widespread industry discussion on programs side of DNL 65. to address land use compatibility outside the annual average 65 Day–Night Average Sound Level (DNL) contour. This Chapter five—Land Use and Sound Insulation Policies— ACRP synthesis project grew out of such industry discussion, A summary of information on land use policies that prevent and the need to understand the issue of noise outside DNL 65. or remediate incompatibilities outside of DNL 65. The focus of this synthesis is a compilation of noise programs in areas outside DNL 65. Its goal is to compile in one location Chapter six—Communication and Outreach—A sum- current federal law and policy and how it is applied regionally, mary of information on the communication and outreach and to provide the state of the practice of noise program mea- techniques airports use to address noise outside DNL 65. sures targeted outside DNL 65 at airports. The discussion of noise program measures outside DNL 65 is not limited to mit- Chapter seven—Case Studies—Two case studies of air- igation measures such as sound insulation, but includes the ports that have addressed noise outside DNL 65. entire range of strategies to address aircraft noise issues, includ- ing noise abatement procedures, ground noise policies, land use Chapter eight—Conclusions—A summary of the infor- compatibility planning, and community and operator outreach. mation collected for this synthesis and a discussion of future research needs. REPORT STRUCTURE The four appendixes include a copy of the synthesis sur- The rest of this document presents the following: vey (Appendix A), the survey results (Appendix B), and two case studies (Dallas/Ft. Worth International Airport, Appendix Chapter two—Regulations, Policies, and Court Cases Gov- C, and Naples Municipal Airport, Appendix D). References, erning Issues of Noise Outside DNL 65—A compilation of including reports, websites, and data sources used in prepar- existing policies and regulations, plus relevant court decisions ing the synthesis report, and a glossary of terms, abbrevia- (published and as-available). tions, and acronyms are also included.
- 14. 6 CHAPTER TWO REGULATIONS, POLICIES,AND COURT CASES GOVERNING ISSUES OF NOISE OUTSIDE DNL 65 There are a number of existing and emerging reasons that air- impact. This block-rounding will double the number of port operators may need or desire to take action to address homes eligible for insulation or purchase assurance from noise outside the DNL 65 contour, including the following: just more than 1,000 to more than 2,000 (“ATA Says Block-Rounding at Bob Hope, Ft. Lauderdale Int’l Has • Because of complaints from areas outside DNL 65, air- Gone Too Far” 2008). ports have identified reasonable and cost-effective pro- • The existing noise compatibility program has matured grams to reduce noise impacts at lower noise levels; this and substantial complaints exist in areas outside the DNL is especially true for operational noise abatement flight 65 contour: A recent study conducted by the FAA’s Cen- procedures, such as Continuous Descent Arrivals (CDA) ter of Excellence for aviation noise and emissions [The Continuous Descent Arrival, also referred to as the research, PARTNER (Partnership for AiR Transporta- Continuous Descent Approach, has proven to be highly tion Noise and Emission Reduction), concluded that sig- advantageous over conventional “dive-and-drive” arrival nificant complaints come from areas beyond DNL 65 (Li and approach procedures. The environmental and eco- 2007). The staff at airports that respond to aircraft noise nomic benefits of CDA were demonstrated in flight tests complaints finds that an increasing portion of their time at Louisville International Airport in 2002 and 2004; is spent addressing concerns from residents outside the there are significant reductions in noise (on the order of 6 DNL 65. to 8 dB for each event) owing to reductions in thrust and • Federal policy is moving outside DNL 65: The Joint a higher average altitude (Clarke 2006)], and Noise Planning and Development Office has determined that Abatement Departure Profiles (NADPs) [FAA Advisory noise must be aggressively addressed to meet the capac- Circular (AC) 91-53A, Noise Abatement Departure Pro- ity requirements of the Next Generation Air Transporta- files (1993), identifies two departure profiles—the close- tion System (NextGen). Recently, the FAA has identified in departure profile and the distant departure profile—to targets for noise reduction, including a near-term target be used by air carrier operators. The AC outlines accept- to maintain its current 4% annual reduction in the num- able criteria for speed, thrust settings, and airplane con- ber of people exposed to DNL 65 or greater, and com- figurations used in connection with each NADP. These mensurate or greater reduction of the number of people NADPs can then be combined with preferential runway exposed to DNL 55–65; as well as a long-term target, use selections and flight path techniques to minimize, to first bringing DNL 65 primarily within airport boundary, the greatest extent possible, the noise impacts], as well and later DNL 55 primarily within airport boundary as some advanced navigation procedures such as (FAA 2008). Required Navigation Procedures [Area Navigation • Airports are required by court order: Two recent cases (RNAV) enables aircraft to fly on any desired flight path [Naples v. FAA (2005) and State of Minnesota et al. v. within the coverage of ground- or space-based naviga- MAC (2007)] have determined that airports must address tion aids, within the limits of the capability of the self- noise impacts beyond the current DNL 65 land use com- contained systems, or a combination of both capabilities. patibility guidelines. As such, RNAV aircraft have better access and flexi- bility for point-to-point operations. RNP is RNAV with Review of the actions leading to adoption of DNL 65 land the addition of an onboard performance monitoring and use compatibility guideline indicates that it was intended to be alerting capability (FAA 2008)]. adjusted as industry needs changed (in particular, as technol- • Airports have adopted local land use compatibility ogy improvements resulted in quieter aircraft). Federal noise guidelines that apply to lower impact levels: Several policy has always recognized that land use compatibility deci- jurisdictions have used DNL 60 dB in defining planning sions should be made at the local level. In addition, adoption objectives or goals (Coffman Associates 2000). of the DNL 65 guideline in the 1970s reflected a compromise • Airports have made commitments in support of airport between what was environmentally desirable and what was capacity projects; for example, at Ft. Lauderdale, the economically and technologically feasible at the time. FAA agreed in its Final Environmental Impact Statement (EIS) on a runway extension to allow Broward County to This chapter addresses the existing and proposed applicable follow neighborhood boundaries to mitigate for noise laws, policies, and regulations, plus relevant court decisions
- 15. 7 (published and as-available).The chapter includes federal, Congress and the FAA have developed a program primar- state, and local requirements, as appropriate. Table 1 summa- ily focused on allocating money to airports and local govern- rizes the relevant regulations and policies that have evolved to ments to address noise. In 1979, Congress adopted the Avia- the current application of DNL 65 as a threshold of normally tion Safety and Noise Act, which, in addition to its financial compatible residential land use. components, required the FAA to “establish a single system of measuring noise . . . establish a single system for deter- mining the exposure of individuals to noise resulting from air- REGULATIONS ADDRESSING NOISE OUTSIDE DNL 65 port operations . . . and identify land uses normally compati- ble with various exposures of individuals to noise” (49 U.S.C. Three entities share responsibility for the regulation of airports § 47502). and aircraft: (1) the FAA, (2) the airport proprietor, and (3) the state and local government(s) with land use jurisdiction over The FAA addressed these requirements in Federal Avia- the airport property. Often, the airport proprietor also is the tion Regulation (FAR) Part 150 as follows: local government with land use authority; however, there are several examples of states, intergovernmental agencies, and • As the unit of measurement, the FAA selected the A- major metropolitan cities operating airports on property under weighted sound level, referred to as dB(A) or often sim- the jurisdiction of one or more governmental bodies. ply as dB, which measures sound in the manner most TABLE 1 DNL 65 TIMELINE Date Event Result 1972 Congress passed Noise Control Act Required EPA Administrator to conduct a study of the “ . . . implications of iden- tifying and achieving levels of cumulative noise exposure around airports . . . ” and to “publish . . . information on the levels of environmental noise the attainment and maintenance of which in defined areas under various conditions are requisite to protect the public health and welfare with an adequate margin of safety.” 1973 EPA published Impact Characterization of Identified DNL as the measure of cumulative noise, and DNL 60 dB as the Noise Including Implications of Identify- threshold of compatibility; below this level, there should be limited annoyance ing and Achieving Levels of Cumulative and minimal complaints about aircraft noise. Noise Exposure, PB224408, July 1973 1974 EPA published Information on Levels of Recommended that Day–Night Level not exceed 55 dB Environmental Noise Requisite to Pro- tect Public Health and Welfare with an Adequate Margin of Safety, March 1974 1974 Maryland passed Environmental Noise Set DNL 65 dB as its official noise limit for residential land use effective 1 July Act of 1974 1975, and DNL 60 dB when the “U.S. Fleet Noise Level is reduced 5 dB below 1 July 1975 level.” 1976 FAA adopted Aviation Noise Policy Clarified roles of federal government, airport operator, and local government and identified a goal of “confining severe aircraft noise exposure levels around U.S. airports to the areas included within the airport boundary or over which the airport has a legal interest, and of reducing substantially the num- ber and extent of areas receiving noise exposure levels that interfere with human activity.” 1979 Congress passed Airport Safety and Noise Required the FAA to “establish a single system of measuring noise . . . establish Act (ASNA) a single system for determining the exposure of individuals to noise resulting from airport operations . . . and identify land uses normally compatible with various exposures of individuals to noise.” 1984 FAA adopted FAR Part 150 Identified noise levels below DNL 65 dB as guideline for normally compatible with residential uses in Appendix A. 1990 Congress passed Airport Noise and Directed the FAA to create two new regulations that: (1) required a phase out, Capacity Act by January 1, 2000 (with limited exceptions) of Part 36 Stage 2 civil subsonic turbojet aircraft with maximum gross takeoff weights over 75,000 pounds, and (2) established stringent requirements for airport proprietors to follow prior to adopting new restrictions on operations of Stage 2 or 3 aircraft. 2004 Congress passed Vision 100 Prohibited FAA from issuing Part 150 approval of AIP funding for land use compatibility actions outside the DNL 65 noise contour from 2004 through 2007. Also added Section 160, which allows local jurisdictions to undertake noise compatibility planning. AIP = Airport Improvement Program.
- 16. 8 consistent with human hearing [by reducing the contri- In addition to establishing these noise measurement tools, bution of lower and very high frequencies to the total FAR Part 150 established a program for airports to develop level) [14 C.F.R. Pt 150, App A § A150.3(a)]. (1) a “noise exposure map” or NEM that models existing and • For purposes of evaluating noise exposure, the FAA future noise exposure and identifies the areas of incompatible selected the Day–Night Average Sound Level (DNL), the land use, and (2) a “noise compatibility program” or NCP that 24-hour average sound level, in decibels, for the period identifies, examines, and recommends to the FAA alternative from midnight to midnight, obtained after the addition means to mitigate and abate noise [49 U.S.C §§ 47503 (noise of ten decibels to sound levels for the periods between exposure maps) and 47504 (noise compatibility programs); midnight and 7 a.m., and between 10 p.m. and mid- 14 C.F.R. Pt. 150]. night, local time. The symbol for DNL is Ldn [14 C.F.R. Pt 150, App A § A150.3(b)]. The NCP often is a principal component of an airport’s • With respect to land use compatibility, the FAA pub- overall noise program since the NCP (1) is intended to be com- lished a table in its regulations (14 C.F.R. Part 150, prehensive, both in its evaluation of noise issues and potential Appendix A), which prescribes whether a variety of dif- solutions, (2) presents an opportunity for community involve- ferent land use categories are compatible with aircraft ment and input, and (3) provides an indication of which noise operations for a particular range of noise levels (14 control measures are eligible for federal funding. C.F.R. Pt 150, App A § Table 1). That table identifies DNL 65 dB as the threshold of compatibility for most Part 150 identifies certain measures that should be consid- residential land uses, and where measures to achieve ered in preparing the noise compatibility program; these are outdoor to indoor Noise Level Reduction of at least 25 summarized in Table 2. dB and 30 dB should be incorporated into building codes and be considered in individual approvals. POLICIES ADDRESSING NOISE OUTSIDE DNL 65 Each of these requirements has been the subject of confu- sion and contention. For example, there have been complaints Aircraft noise and land use compatibility has long been recog- that dB(A) fails to account for low frequency noise (experi- nized as an important consideration in planning of communi- enced as vibration or rumble) often associated with jet opera- ties and the airports that serve these communities (President’s tions. The primary complaint with DNL is that it does not Airport Commission May 1952). The quantitative approach to reflect the sound of individual aircraft operations, which may determining land uses compatible with aircraft noise began be dramatically louder than the steady rate of sound captured with the Noise Control Act of 1972. It required the U.S. EPA by DNL. In addition, although some contend that the DNL Administrator to conduct a study of the “ . . . implications of 65 dB level represents a scientifically and statistically accurate identifying and achieving levels of cumulative noise exposure predictor of community annoyance, others assert that it is a around airports . . . ” (U.S. EPA 1973). This requirement poor predictor of how a particular community or an individual resulted in the identification of DNL as the measure of cumu- responds to aircraft noise. lative noise, and DNL 60 dB as the threshold of compatibility; TABLE 2 NOISE COMPATIBILITY PROGRAM MEASURES Operational Measures Land Use Measures Program Management Measures • Implementing a preferential • Acquiring noise-impacted property • Posting signs on the airfield and at runway system to direct air traffic • Acquiring “avigation easements” or other other locations at the airport to notify over less-populated areas interests in property that permit aircraft to pilots about recommended flight pro- • Using flight procedures, including fly over the property in exchange for pay- cedures and other measures noise abatement approach and ments or other consideration • Creating a noise office at the airport departure procedures • Requiring disclosure about the presence of and/or assigning responsibility for • Identifying flight tracks to reduce the airport and potential noise impacts in noise issues to a staff member noise and/or direct air traffic over real estate documents • Creating a dedicated telephone line or less-populated areas • Constructing berms or other noise barriers other means for neighbors to submit • Adopting mandatory restrictions • Sound insulation of structures used for comments/complaints about the air- based on aircraft noise characteristics, noise-sensitive land uses (e.g., residences, port and individual aircraft operations such as curfews schools, nursing homes) • Making flight track information avail- • Identifying a particular area of the • Requiring the use of sound insulating able to the public airport that can be used for aircraft building materials in new construction • Developing educational materials engine runups and constructing a • Imposing zoning or other controls on noise- about the airport’s noise program for “ground runup enclosure” to reduce sensitive land uses in impacted areas, pilots, other airport users, and commu- noise from runups including prohibiting such development or nity members requiring special permits and approvals
- 17. 9 below this level,there should be limited annoyance and min- 14 CFR Part 150. In this regulation, the FAA provided a table imal complaints about aircraft noise. This report (U.S. EPA giving various land uses compatible with Day–Night Average 1973) provides extensive discussion of why DNL was chosen Sound Levels. This table shows that residential uses are con- and why DNL 60 dB was identified as the appropriate limit sidered compatible with levels below DNL 65 dB. Most Part of exposure. The discussion focuses on effects on people and 150 studies result in identification of noise abatement measures communities, including hearing, interference with speech, (e.g., changes in flight operations, and runway use) and/or noise sleep and learning/thinking, annoyance, and complaints, and mitigation measures (commonly sound insulation). Through provides some information on nonauditory health effects. fiscal year 2006, the FAA has provided more than $7.5B for implementation of these measures (FAA 2008). The FAA also The Noise Control Act of 1972 also required the EPA uses DNL and specific computation procedures for its calcula- Administrator to publish “ . . . information on the levels of tion to comply with the National Environmental Policy Act environmental noise the attainment and maintenance of which (NEPA) (FAA Orders 1050, 1E and 5050.4B) and for guiding in defined areas under various conditions are requisite to pro- the funding of projects associated with the Airport Improve- tect the public health and welfare with an adequate margin of ment Program (AIP) (FAA Order 5100.38C). safety.” This requirement resulted in what is now commonly referred to as “The Levels Document,” (U.S. EPA 1974). This A few states and many local jurisdictions have recom- report recommended that to provide this protection, the value mended DNL values identical to those of FAA for land use of the Day–Night Level not exceed 55 dB. compatibility with aircraft noise, though some also identify dimensions of a “noise sensitivity zone” (Minnesota, Ore- Next, the state of Maryland passed the Maryland Envi- gon). Several jurisdictions have used DNL 60 in defining ronmental Noise Act of 1974. This legislation included the planning objectives or goals (Coffman Associates 2000). requirement that the Maryland Department of Transportation Limits are provided as guidance (Wisconsin, Oregon), and (DOT), State Aviation Administration select the noise analy- may include zoning ordinances and planning templates (Ore- sis method and exposure limits. In its report Selection of Air- gon). Other states, notably California and Maryland, have set port Noise Analysis Method and Exposure Limits (1975), specific procedures that must be followed in examining air- Maryland set DNL 65 dB as its official noise limit for residen- port or aircraft noise. The Department of Defense also pro- tial land use effective 1 July 1975, and DNL 60 dB when the vides similar DNL-based levels for determining Air Installa- “U.S. Fleet Noise Level is reduced 5dB below 1 July 1975 tions Compatible Use Zones (1977), which incorporate noise level.” In discussing the selection of the compatibility DNL and accident potential in setting the size and shape of the level, the report noted that neither Congress nor the EPA zones. Further, the department will provide funding and guid- intended to set limits for states and local jurisdictions. “This is ance to a community that wishes to develop a plan for setting a decision that the Noise Control Act clearly leaves to the in place land use compatibility measures around military air states and localities themselves.” Maryland’s policy is notable installations, but generally provides no funding to implement because it has often been described as one of the models for those measures (Joint Land Use Study . . . 2002). the later Part 150. The FAA has rarely funded land use programs outside Federal policy for civil aviation noise is described in the DNL 65 in order to focus on airports with significant (as FAA’s 1976 Aviation Noise Policy, which included a goal of defined by DNL 65) or severe (as defined by DNL 75) noise “confining severe aircraft noise exposure levels around U.S. exposure. As the existing noise mitigation programs mature airports to the areas included within the airport boundary or at airports, and with increasing numbers of operations by over which the airport has a legal interest, and of reducing sub- quiet aircraft, the proportion of citizens outside the DNL 65 stantially the number and extent of areas receiving noise expo- complaining about aircraft noise has increased. Today, noise sure levels that interfere with human activity” (FAA 1976). offices at many airports have an increasing workload to The DOT policy recommended use of the Noise Exposure respond to these complaints. Furthermore, in some locations, Forecast (NEF) metric and stated that “severe” aircraft noise approval of airport capacity improvements has been contin- occurred at levels of 40 NEF or more, and “significant” aircraft gent on the ability to address noise/land use conflicts outside noise occurred at levels of 30 NEF or more. The policy further DNL 65. identified NEF 30 and 40 as equivalent to DNL 65 and 75, respectively. The policy also stated that “the objective of the A requirement of Vision 100 (Public Law 108-176) pre- airport noise plan should be to develop noise reduction tech- vented the FAA from issuing AIP funding under Part 150 for niques that to the extent possible would confine the area land use compatibility actions outside the DNL 65 noise con- exposed to this level of noise to the airport boundary or land tour from 2004 through 2007. Although the provision has actually being used or which can reasonably be expected to be sunset, there continues to be opposition to funding of such used in a way compatible with these noise levels.” action (“ATA Says Block-Rounding at Bob Hope, Ft. Laud- erdale Int’l Has Gone Too Far” 2008). In some instances, this In 1984, the FAA adopted the final rule that set out the provision also resulted in FAA’s refusal to adopt noise abate- process for noise compatibility planning around airports— ment flight procedures if such procedures were directed at
- 18. 10 reducing noise outsidethe DNL 65. In contrast, funding has allow Broward County to follow neighborhood bound- been allocated to the FAA’s Center of Excellence to develop aries to mitigate for noise impact. This block-rounding procedures such as the CDA procedure, which primarily will double the number of homes eligible for insula- reduces noise in the DNL 45–60 contours for most airports. tion or purchase assurance from just over 1,000 to more than 2,000 (“ATA Says Block-Rounding at Bob Hope, The FAA has been looking beyond DNL 65 in an attempt Ft. Lauderdale Int’l Has Gone Too Far” 2008). to determine what will be necessary for airports to accom- modate the anticipated growth in air travel demand and to produce the next generation air traffic system. The FAA has COURT CASES ADDRESSING NOISE OUTSIDE DNL 65 indicated that a change to address noise outside DNL 65 will be essential to meet both the capacity goals of the Next Gen- A number of airport environmental cases have challenged eration Air Transportation System and furthering the devel- noise analyses conducted for studies performed under the opment of additional noise stringencies in the international NEPA. In most of these cases, the petitioners have argued arena. FAA recently articulated its NextGen targets as follows that the noise analysis was insufficient; however, in all cases, (FAA 2008): the courts have deferred to FAA’s methodology. These cases include: • Maintain current target of 4% annual reduction in num- ber of people exposed to DNL 65 or more near-term • Suburban O’Hare Commission v. Dole: In this case, the (compared with 2000 to 2002), and achieve commen- Suburban O’Hare Commission asked the court to rule surate or greater reduction of the number of people on the adequacy of the EIS prepared for O’Hare Inter- exposed to DNL 55–65. national Airport and, in particular, the methodology • Achieve greater reductions mid- and long-term, first used to develop noise contours. The parties agreed on bringing DNL 65 primarily within airport boundary, the use of DNL 65 as an impact criterion. and later DNL 55 primarily within airport boundary. • Citizens Against Burlington v. Busey: In this case, the petitioners alleged insufficient analysis of noise impacts, and that the noise analysis should include noise outside CAPACITY ENHANCEMENT COMMITMENTS ADDRESSING NOISE OUTSIDE DNL 65 DNL 65 dB (specifically, sleep disturbance). The court found the FAA’s DNL 65 analysis sufficient. In recent years, airports have made commitments in support • Communities INC v. Busey: In this case, the petitioners of airport capacity projects that include mitigation of noise argued that the EIS noise analysis should have addressed beyond DNL 65. Several examples follow. noise outside DNL, especially as related to historic prop- erties. The court deferred to the FAA’s use of DNL 65 • The FAA’s 1998 Record of Decision on the Environ- as the sole impact criterion. mental Impact Statement for the Minneapolis–St. Paul • Seattle Community Council Federation v. FAA: In this International Airport (MSP), Dual Track Airport Plan- case, petitioners asked the court to consider whether it ning Process: New Runway 17/35 and Airport Layout was reasonable for the FAA to rely on DNL 65 as the Plan Approval included a noise mitigation plan that threshold of noise impact for proposed airspace changes. called for sound insulation to DNL 60. The noise miti- The court deferred to FAA’s discretion in the identifi- gation plan was developed by a Noise Mitigation Com- cation of DNL 65 as the threshold of impact. mittee consisting of mayors of cities surrounding MSP, • Morongo Band of Mission Indians v. FAA: In this case, Northwest Airlines, Metropolitan Council, and the Met- the tribe challenged FAA’s use of “urban” noise crite- ropolitan Airports Commission (MAC) (FAA 1998). ria (DNL 65) to evaluate noise levels on the reserva- • The Los Angeles World Airports (LAWA) worked in tion. Again, the court deferred to FAA’s discretion for partnership with the Los Angeles International Airport developing methodology. (LAX) Coalition for Economic, Environmental, and • City of Bridgeton v. Slater: Challenge to noise method- Educational Justice (LAX Coalition) to develop a pro- ology used. “The court also held that the FAA has dis- gram to ensure that communities affected by the LAX cretion to adopt the noise methodology it deems appro- Master Plan Program also receive benefits as a result of priate without judicial second guessing.” the implementation of the Program. The Community Benefits Agreement details the various proposals of mit- In recent years, courts have determined that airports must igation and benefit, including increased funding for the address noise impacts beyond the current DNL 65 land use aircraft noise mitigation program, end-of-block sound compatibility guidelines. Three examples of such decisions insulation, suspension of avigation easements for noise, follow. and a FAR Part 161 Study for limitations on nighttime departures (Los Angeles World Airports 2008). • In January 2007, the District Court for Hennepin County, • At Ft. Lauderdale, the FAA agreed in its Final Environ- Minnesota, granted summary judgment in favor of mental Impact Statement (EIS) on a runway extension to the city of Minneapolis and other plaintiffs in litigation
- 19. 11 againstthe MAC (City of Minneapolis et al. v. Metro- not bind local governments and that the Airport Author- politan Airports Commission 2007). The court found that ity properly relied on the threshold established by the MAC had failed to comply with its state law obligation local governments with land use jurisdiction. to provide noise insulation in the DNL 60–65 dB contour • In Berkeley the Keep Jets Over the Bay Committee v. around the MSP as promised in the EIS for the construc- Board of Port Commissioners of the City of Oakland, tion of the new Runway 17/35 and other documents. the court found that the noise analysis in the city of • In June 2005, the U.S. Court of Appeals in Washington, Oakland’s Environmental Impact Report (EIR) was D.C., ruled that a Stage 2 restriction at the Naples insufficient because it did not “address adequately the Municipal Airport was reasonable and the FAA erred in potential disturbance to area residents resulting from terminating the city of Naples Airport Authority’s eli- increased nighttime air cargo operations, specifically, gibility for AIP grants (City of Naples Airport Auth. v. by omitting significant information about the airport’s FAA). Importantly for purposes of this discussion, the potential interference with sleep, including physiologi- court found that the Stage 2 restriction was reasonable. cal response and annoyance from increased nighttime In particular, the court found that it was permissible for overflights. The flaw in the EIR’s noise analysis was its the Airport Authority to consider the benefits of the failure to provide, in addition to a community noise restriction to individuals exposed to noise above DNL equivalent level (CNEL) (a community noise measure) 60 dB. The court concluded, “The Airport Authority analysis, the most fundamental information about the and the City of Naples introduced ample evidence— project’s noise impacts, which specifically included the much of which went unrebutted—demonstrating that number of additional nighttime flights that would occur the Stage 2 ban was justified.” The court further clari- under the project, the frequency of those flights, and fied that the FAA’s land use compatibility guidelines do their effect on sleep.”
- 20. 12 CHAPTER THREE SURVEY OFAIRPORTS REGARDING NOISE OUTSIDE DNL 65 SURVEY METHODOLOGY remaining 20 from throughout the country. Figure 1 depicts the locations of respondents. An online program was used to survey airports regarding noise outside DNL 65. The survey was developed in collab- Eighteen of the 35 airports surveyed (53%) had more oration with the Project Panel, and was designed primarily than 250,000 annual operations, 29% had 100,000 to 250,000 to identify the reasons airports have addressed noise outside annual operations, and 6% had less than 50,000 annual oper- DNL 65, and the range of noise abatement, mitigation, and ations. Furthermore, 44% of the respondents work for an air- communication techniques used to address noise outside port commission or authority, 27% work for a local govern- DNL 65. The survey is reproduced in Appendix A. ment, and 24% work for an airport management agency. A majority of the survey respondents have more than 15 years The survey was directed at targeted airports, which were experience. identified through a review of FAA Part 150 records of approval and with the Project Panel’s advice. The targets The survey included five general questions regarding noise included a range of airport sizes and geographic locations. issues outside DNL 65. The responses to these questions are Potential survey recipients were identified by the consultant instructive: and Project Panel, based on some knowledge of noise issues at subject airports. In addition, the survey was announced in • A majority of respondents (83%) indicated that noise trade publications (“Airport Input Sought for ACRP Study issues outside DNL 65 were “important,” “very impor- of Noise Programs Going Outside DNL 65” 2007). Messages tant,” or “critical” to their airport. The remaining 17% were distributed directly from the online survey program and reminders were also personally provided to target airports. stated that noise issues outside DNL 65 were “somewhat These messages provided a short background on the ACRP important,” or “not at all important.” program and reiterated the purpose and importance of this • The most frequently listed method of minimizing noise study. As a result, the pool of respondents does not neces- outside DNL 65 was aircraft operator education and out- sarily reflect average opinion on the subject of noise outside reach (74% of respondents), followed by noise abatement DNL 65; it does, however, represent a diverse sample of air- flight tracks (69%), preferential runway use programs ports in terms of size and geography. (66%), noise abatement departure or arrival procedures (60%), and ground noise control (51%). Of the 43 airports targeted, 35 responded for an 81% • Eighty percent of respondents indicated that “commu- response rate. Multiple choice questions regarding outreach nity concerns” were the motivation for addressing noise tools, noise metrics, and noise abatement procedures allowed outside DNL 65; 57% also indicated that “preventive airports to check all options that applied; therefore, responses planning” was a motivation. to some questions could total more than 100%. Appendix B • Almost three-quarters of respondents (74%) indicated contains the statistical summary of the survey results, as well that more than 75% of their airport’s noise complaints as responses to open-ended questions including all written come from people who live outside DNL 65. comments provided by respondents. • The most common outreach tools to communicate with people exposed to noise outside DNL 65 are websites OVERALL SURVEY RESULTS (74%), community meetings/forums (74%), online track- ing (40%), and newsletters (40%). There were 35 total respondents to the synthesis survey. Of the 35 respondents, 7 were from California, 8 from Florida and the
- 21. 13 FIGURE 1 Locationof survey respondents.
- 22. 14 CHAPTER FOUR OPERATIONAL PROCEDURES Thischapter presents results of the ACRP survey summariz- Airports typically communicate their noise abatement ing responses to questions on methods to minimize and abate flight tracks and procedures to pilots in one of three ways: aircraft noise, including noise abatement flight tracks, noise 37% use posters/hand-outs, 34% use Jeppesen inserts, and abatement operational procedures, and ground noise control. 29% use pilot briefings. FAA Standards are used by 17%, and 23% use other means to communicate flight procedures including air traffic controller instructions, tower instructions, NOISE ABATEMENT FLIGHT TRACKS airport websites, and the airport facility directory. AND FLIGHT PROCEDURES Twenty-two of the surveyed airports (63%) have noise abate- Survey respondents reported that a range of noise metrics ment flight tracks. Half (50%) reported that noise abatement are used to evaluate noise abatement flight tracks and proce- flight tracks were developed to address noise both inside and dures including DNL, CNEL, Maximum A-weighted Sound outside DNL 65, and nearly 41% reported that the noise abate- Level (Lmax), Time Above, number of audible aircraft noise events, Sound Exposure Level (SEL) and Continuous Equiv- ment tracks were developed primarily to address noise outside alent Sound Level (Leq). Respondents also reported a wide DNL 65. Further, all airports reported noise abatement flight range of noise levels used to evaluate flight tracks among the procedures reduced noise and complaints outside DNL 65; various noise metrics. Some airports reported that no assess- 72% said noise abatement tracks were “very to moderately ment was conducted. Responses to this question suggest that effective” in reducing noise and 62% said it was “very to mod- there is a need for better guidance in developing noise abate- erately effective” in reducing community complaints. ment flight tracks. Figure 2 presents responses to the question, “Type of noise The survey results suggest that airports do not have suffi- abatement track” (note there can be multiple responses). The cient information on the implementation costs of noise abate- majority of these airports (63%) use jet departure noise abate- ment procedures, especially the costs to operators and the air ment flight tracks, whereas 51% use jet arrival flight tracks. traffic system. Eight airports reported that airline fuel costs More than 30% of the airports use propeller and helicopter are increased by implementing noise abatement flight proce- arrival and departure flight tracks. dures. The airports also commented that total aircraft opera- tors cost for implementation was between nothing and $750K Thirty-four percent of respondents (12) reported that they annually. Specific responses included, “A bit extra time and have received formal FAA approval for their noise abate- fuel” and “Minimal.” FAA cost was reported as “Nothing” or ment flight tracks; 11% reported they have received NEPA “Unknown.” approval. Airports report that air traffic controllers implement the flight procedures as follows: 40% use vectoring, 29% spec- The challenges to implementing flight tracks are shown in ify VOR radials with turns and distant measuring equipment Figure 4. The single greatest challenge that airports reported altitude requirements, 20% use RNAV, 14% use a global posi- was communication with pilots (34%); other challenges to tioning system, and 20% cited other procedures but without implementation included communication with ATC (29%), air traffic control (ATC) assistance. communication with the community (29%), increased flight time (26%), and increased fuel costs to airlines (20%). Airports reported a similar use of operational noise abate- ment procedures (i.e., cockpit procedures) designed to mini- Airports reported a variety of navigation procedures to mize noise during different types of operations. As shown in implement noise abatement flight tracks: the most common is Figure 3, more than half of respondents (54%) have some type radar vectoring (40%), followed by VOR–distant measuring of noise abatement departure procedure (NADP) or Interna- equipment (29%), RNAV (20%), and Global Positioning Sys- tional Civil Aviation Organization (ICAO) procedure; many tem (14%); three airports reported that the procedures were also have jet arrival procedures such as CDA (40%), propeller voluntary and had no ATC involvement. departure procedures (43%), and propeller arrival procedures (37%); more than one-third (34%) reported helicopter depar- Finally, respondents reported that both noise abatement ture and arrival procedures. flight tracks (Figure 5) and procedures (Figure 6) are generally
- 23. 15 FIGURE 2 Typesof noise abatement flight tracks at surveyed airports. FIGURE 3 Types of noise abatement procedures at surveyed airports.
- 24. 16 FIGURE 4 Challenges to implementing noise abatement flight tracks at surveyed airports. “moderately effective” or “very effective” at reducing noise noise outside DNL 65, and 38% that their procedures were over noise-sensitive communities outside DNL 65, but some- developed to address noise issues both inside and outside what less effective at reducing complaints outside DNL 65. DNL 65. The most common types of procedures are iden- Also, a higher percentage of respondents reported that flight tified in Figure 7; they include physical construction of tracks are “very effective” at reducing noise (36%) than report blast fences (31%), ground runup enclosures (GRE) (11%), flight procedures as being “very effective” (19%). and noise barriers/berms (20%); as well as runup proce- dures (29%), pre-takeoff runup policies (23%), reverse thrust policies (14%); and simply moving the aircraft away from AIRCRAFT GROUND NOISE CONTROL noise-sensitive communities (23%). Twenty-four of 35 airports (69%) reported some procedures Ground noise control procedures are implemented using to minimize noise from aircraft operations on the ground, formal rules and regulations (26%), informal means such as such as taxi and pre-takeoff runups; of these, 38% said the tower or air traffic controller coordination (14%), or both for- procedures were primarily to address noise within DNL 65, mal and informal means (31%). These procedures are com- 25% that the procedures were developed primarily to address municated to pilots by posters (43%), briefings (31%), and Reducing Not at all effective complaints Somewhat effective Moderately effective Reducing noise Very effective 0 5 10 15 20 25 Number of Respondents FIGURE 5 Effectiveness of noise abatement flight tracks at surveyed airports.
- 25. 17 Reducing Not at all effective complaints Somewhat effective Moderately effective Reducing noise Very effective 0 5 10 15 20 25 Number of Respondents FIGURE 6 Effectiveness of noise abatement procedures at surveyed airports. FIGURE 7 Types of ground noise procedures at surveyed airports. FIGURE 8 Effectiveness of ground noise procedures at surveyed airports.
- 26. 18 other means suchas airport operations or maintenance brief- Airports were very aware of implementation costs for capi- ings (40%). Respondents reported that the greatest implemen- tal expenditures such as GREs, but had little information on tation challenges are communication with pilots (34%), com- costs of other operational programs, and little information on munication with ground control (11%), and communication costs to operators. The maximum reported airport cost was with the community (11%). Other implementation challenges $8 million for a GRE, with the FAA contributing 80%. Respon- reported included taxi time, fuel costs and emissions, and oper- dents reported that ground noise control procedures are “very ations staff enforcing curfew rules. effective” at reducing noise complaints (52%) (see Figure 8).
- 27. 19 CHAPTER FIVE LAND USEAND SOUND INSULATION POLICIES This chapter summarizes land use policies that prevent or owners and realtors have no identified cost, airports noted remediate incompatibilities outside of DNL 65, including other costs included city and county planning agencies and review of development proposals, zoning, easements, disclo- administrative. sure, sound insulation, building performance standards, and property acquisition. Respondents indicated that the greatest challenges to implementation are coordinating with local land use officials (32%), coordinating with realtors (21%) and coordinating PREVENTIVE LAND USE PLANNING with homeowners (18%). Respondents also noted “Not all realtors or homeowners are cooperative even though they can More than half of the surveyed airports (57%) reported having be sued for non-compliance,” “Recommendations [are] not land use compatibility measures that apply outside DNL 65. always heeded,” and “Sometimes the local officials do not The tools used by airports for land use compatibility planning contact the airport on critical land development.” include zoning, building permits that require sound insulation of residential and noise-sensitive nonresidential land uses, and Respondents reported a range of effectiveness: 21% said disclosure to residents. Two airports reported that zoning pro- their efforts were “very effective” in preventing incompatible hibits residential development from DNL 60 to 65, and two land uses outside DNL 65, 64% said their efforts were “some- airports permit residential development with sound insulation what or moderately effective,” and 16% said their efforts were provided at either DNL 55 or 60. Other land use strategies “not effective at all” (Figure 9). include noise overlay districts, state compatibility plans, air- port influence areas, and disclosure to 1 mile outside DNL 60. Navigation easements are used by 75% of the responding air- SOUND INSULATION ports. Real estate disclosures are used by 65% of the respond- ing airports. The majority of respondents (58%) do not provide sound insu- lation to homeowners living outside DNL 65; 20% provide Land use compatibility policies are communicated to sound insulation for homes in contiguous neighborhoods homeowners and realtors through newsletters or handouts (“block rounding”), and an additional 15% provide sound insu- (27%), presentation to real estate boards (32%), and individ- lation for homes within the DNL 60 dB contour. Funding for ual homeowner briefings (12%); 17% used other means of sound insulation programs outside DNL 65 comes from the air- communication, such as working with government planning port (50%), FAA funding through Passenger Facility Charges departments, public meetings, and responding to complaints. or AIP grants (36%), operators (7%), and homeowners (7%). The airports’ cost to implement land use incompatible poli- Costs per home were reported between $10,000 and $15,000. cies outside DNL 65 are minimal: five respondents reported Airports use a combination of funding sources for a maximum that their costs are “minimal” or that they rely on in-house cost of $3.1 million for the entire program and a minimum construction, legal, and staff time; one respondent identified cost of $10,000 per home. The FAA contributed 80% funding total implementation costs of $250,000. Although home- for contiguous neighborhood sound insulation programs.
- 28. 20 FIGURE 9 Effectiveness of land use policies at surveyed airports.
- 29. 21 CHAPTER SIX COMMUNICATION ANDOUTREACH This chapter summarizes the communication and outreach tools (brochures, e-mail noise alerts, local newspaper adver- techniques airports use to address noise outside DNL 65. tisements, etc.). COMMUNITY OUTREACH OUTREACH TO AIRCRAFT OPERATORS Nearly three-quarters of respondents (74%) reported that The responding airports communicate with pilots in a number they use both websites and face-to-face meetings to com- of ways: the most common being pilot briefings (40%), flight municate with people exposed to noise outside DNL 65 manual inserts (40%), posters and handouts (37%), and FAA (Figure 10). Airports also use online flight tracking (40%), standards (17%); other methods include airfield signage, Air- newsletters (40%), and a variety of other tools such as quar- port Facility Directory Special notices, videos distributed terly and annual noise reports, noise staff driven outreach through flight schools, and phone calls (Figure 11). FIGURE 10 Community outreach tools at surveyed airports.
- 30. 22 FIGURE 11 Outreach tools to airport operators at surveyed airports.
- 31. 23 CHAPTER SEVEN CASE STUDIES Thetwo case studies presented in this section demonstrate that mately 1,400; a 24-hour ban on Stage 2 operations would there is a need for airports to have continued flexibility in reduce this to approximately 130. The Part 161 study was pub- addressing noise outside DNL 65—whether because commu- lished in June 2000 and recommended the total ban on Stage 2 nities have demanded it (Naples Municipal Airport) or because aircraft operations as the most reasonable and cost-effective the airport has conducted proactive planning (Dallas/Ft. Worth measure to minimize incompatible land use. On January 1, International Airport). 2001, the Stage 2 restriction went into effect. NAPLES MUNICIPAL AIRPORT Implementation of DNL 60 Land Use Compatibility Criteria by City of Naples and Collier County The Naples Municipal Airport (APF) is the only airport in the United States with an approved Part 161 study; it has no resi- The city of Naples Comprehensive Plan contained specific dents living within the DNL 65 contour. A key factor in the information regarding rezoning of areas affected or poten- success of the Part 161 study was Naples Airport Authority’s tially affected by the airport for the first time in 1984. In 1989, diligence working with local land use planning jurisdictions the city updated the Comprehensive Plan to establish an to implement land use policies that were aimed at residential Airport High Noise Special Overlay District (City Special land uses to DNL 60 dB. District), depicted in the 1989 Comprehensive Plan as the area of land exposed to noise in excess of DNL 65 accord- ing to the five-year forecast case (1991) in the 1987 APF Part 150/161 Background FAR Part 150 Study. Any applicant proposing to develop or significantly redevelop land in the City Special District was— In 1987, the Naples Airport Authority (NAA) conducted its and is today—required to first obtain a rezoning of the prop- first FAR Part 150 study. As a result, in 1989, an Airport High erty to Planned Development. To obtain the rezoning, the pro- Noise Special Overlay District was established that required posed development or redevelopment must conform to rezoning for any new development or major redevelopment existing zoning standards and must, after specific review for of land within the 65 dB DNL contour. In 1997, the NAA sub- this purpose, be deemed compatible with the airport in terms mitted a revised Part 150, which adopted DNL 60 dB as its of safety and noise. threshold of compatibility for land use planning to preclude the development of incompatible uses in the vicinity of the Airport In 1997, the city revised the map of the City Special District (Figure 12). The FAA approved 14 of 15 measures; perhaps in the Comprehensive Plan to reflect the five-year forecast case most importantly, the FAA approved a ban on nonemergency (2001) 60 contour. In February 2001, the city and the NAA night operations in Stage 1 jet aircraft. In 1998, the NAA sub- executed an interlocal agreement to update the District and mitted a second Part 150 update, which included a single mea- Comprehensive Plan to reflect the 2005 forecast case DNL 60 sure: a 24-hour ban on nonemergency Stage 1 jet operations. contour. In 1999, the FAA approved this measure. The implementation of this measure essentially eliminated any population within In 1986, Collier County developed zoning maps indicat- the DNL 65 dB contour. ing aircraft noise boundaries. In 1987, the Collier County planning department began referencing standards for sound Despite diligent—and successful—NAA efforts to imple- control. In 1991, Collier County approved Ordinance 91-102 ment the approved measures, including the Stage 1 ban, the that redesigned aircraft noise zones using the five-year forecast NAA continued to receive community pressure regarding case (1991) 65 dB DNL contour (County Special District), noise exposure. In August 1999, the NAA initiated a Part 161 added land use restrictions, and implemented notification and study to identify potential operational restrictions that would sound level requirements for buildings and structures. These be appropriate for addressing these community concerns. The requirements are contained in the county’s Land Development Part 161 study determined that Stage 2 jets were the principal Code. source of the noise impact that caused community concern. The number of people estimated to live within the 60 dB DNL In June 1999, the NAA requested that the county adopt the contour if there were no restrictions in 2000 was approxi- five-year forecast case (2003) 60 dB DNL contour from the
- 32. 24 FIGURE 12 Forecast2001 APF 60 dB DNL with NCP implemented. 1998 NEM. Collier County adopted the resolution in June the proposed development with the airport. The County Spe- 2000. That same month, the NAA requested the County use cial District is incorporated directly in the zoning code, which the five-year forecast case (2005) 60 dB DNL contour from provides applicants and county staff the ability to readily iden- the 2000 NEM Update for future land use planning. The tify whether proposed development is located in the County county updated its zoning map in December 2000 to reflect Special District. As part of the county staff’s review of the those contours. development application, staff considers whether the appli- cant has included necessary information to ensure compli- ance with the noise compatibility standards identified in the City and County Development Application Processes Land Development Code (i.e., land use restrictions, notifica- tions, and sound insulation). In 2001, NAA staff met with city and county staff to review the processes that they follow on a day-to-day basis to iden- tify development applications for properties located in the DALLAS/FT. WORTH INTERNATIONAL AIRPORT City Special District and the County Special District. As dis- cussed previously, both of these overlay districts are based Dallas/Ft.Worth International Airport (DFW) has used “policy on 60 dB DNL contours. For the city, any applicant propos- contours” to guide development of residential and other noise- ing development in the City Special District must submit a sensitive land uses around the airport. The contours are based General Development Site Plan that provides the city coun- on projections of ultimate aircraft noise made in the 1970s. cil and staff the opportunity to consider the compatibility of These policy contours are larger than “acoustic” contours that
- 33. 25 would reflect actualoperations in recent years, yet provide a velopment of terminals. Neighboring cities challenged buffer to protect the airport. However, DFW is coming under DFW Airport on zoning authority; court tests ensued on increasing pressure from landowners to revise its policy con- the EIS. In 1992, the FAA issued a Record of Decision; tours and allow development closer to the airport. this decision also required DFW to “implement an extensive noise mitigation program . . . to mitigate for the increased noise levels to residences and other noise- Noise Contour History sensitive uses.” • The most recent DNL contours for DFW were prepared DNL contours have been developed for DFW on the follow- in 2002 for the Environmental Assessment of new ing occasions: RNAV flight procedures. Those contours show that the 65 DNL noise contour for 2002 is almost entirely • In 1971, the North Central Texas Council of Govern- within the airport property boundary. ments developed a forecast set of DNL contours for future 1985 activity. These contours have been used Figure 13 presents a comparison of DNL 65 contours at over the years as policy contours and serve as an impor- DFW over time, including the North Central Texas Council tant factor in minimizing and preventing incompatible of Governments contours prepared in 1971 (for 1985 future land use from developing around DFW. operations—the policy contour); 1992 contours prepared for • In the early 1990s, DFW prepared DNL contours for an the Final EIS, and 2002 contours prepared for the RNAV EIS for the construction of two new runways and rede- Environmental Assessment. FIGURE 13 Comparison of historic DNL contours at DFW.
- 34. 26 Dallas/Fort Worth NoiseProgram 65 noise contour based on an acoustic contour of today; hence, DFW protects a substantial amount of land in its Most of DFW’s noise program is focused on areas outside environs that is outside of the current 65 DNL. DNL 65, including: • A state-of-the-art monitoring system to track noise lev- els over time. • Operational procedures to minimize noise in neigh- borhoods surrounding the airport: the FAA has imple- One of the biggest challenges currently facing the airport is mented precision navigation procedures for departures the continued application of policy contours for land use plan- using RNAV; this is estimated to improve efficiency and ning that does not reflect acoustic reality. DFW has committed reduce noise in some areas—all outside DNL 65. to update noise contours by 2009. An important question • Policy contours that limit noise-sensitive development remains over whether local jurisdictions will adopt updated in noncompatible areas. The DNL 65 noise contour as noise contours for land use planning purposes, which will no depicted on the policy contour is well outside the DNL doubt result in noise-sensitive development closer to DFW.
- 35. 27 CHAPTER EIGHT CONCLUSIONS This ACRPsynthesis provides background on the regulatory, procedures were developed primarily to address noise policy, and legal development of Day–Night Average Noise outside DNL 65, and an additional 38% reported that Level (DNL) 65 in the United States, as well as results of an the procedures were developed to address noise issues online survey of 35 airports that have demonstrated interest in both inside and outside DNL 65. The most common the issue of noise outside DNL 65. The responses to the survey types of ground noise control include physical con- on noise issues outside DNL 65 included the following: struction of blast fences (31%), ground runup enclo- sures (11%), and noise barriers/berms (20%); as well • A majority of respondents (83%) indicated that noise as runup procedures (29%), pre-takeoff runup policies issues outside DNL 65 were “important,” “very impor- (23%), reverse thrust policies (14%), and simply mov- tant,” or “critical” to their airport. The remaining 17% ing the aircraft away from noise-sensitive communi- reported that noise issues outside DNL 65 were “some- ties (23%). what important” or “not at all important.” • More than half of the surveyed airports (57%) reported • The most frequently cited method of minimizing noise having land use compatibility measures that apply out- outside DNL 65 was operator education and outreach side DNL 65. The tools used by airports for land use (74% of respondents), followed by noise abatement flight compatibility planning include zoning, building permits tracks (69%), preferential runway use programs (66%), that require sound insulation of residential and noise- noise abatement departure or arrival procedures (60%), sensitive nonresidential land uses, and disclosure to and ground noise control (51%). residents. Respondents reported a wide range of effec- • “Community concerns” were indicated by 80% of tiveness: 21% said their efforts were “very effective” respondents as the motivation for addressing noise out- in preventing incompatible land uses outside DNL 65, side DNL 65; 57% also indicated that “preventive plan- 64% said their efforts were “somewhat or moderately effective,” and 16% said their efforts were “not effec- ning” was a motivation. tive at all.” • Seventy-four percent of respondents indicated that more • The majority of respondents (58%) do not provide sound than three-quarters of their airport’s noise complaints insulation to homeowners living outside DNL 65. How- came from people who live outside DNL 65. ever, 20% provide sound insulation for homes in contigu- ous neighborhoods (“block rounding”), and an additional Survey responses also revealed the following: 15% provide sound insulation for homes within the DNL 60 dB contour. • A majority of airports use noise abatement departure • Nearly three-quarters of respondents (74%) reported (63%) and arrival (51%) flight tracks and departure that they use both websites and face-to-face meetings to (54%) and arrival (40%) cockpit procedures to minimize communicate with people exposed to noise outside noise over residential and other noise-sensitive neigh- DNL 65. Airports also use online flight tracking (40%), borhoods outside DNL 65. However, among surveyed newsletters (40%), and a variety of other tools such as airports there is no consistency in methodology for eval- quarterly and annual noise reports, and noise staff driven uating the effectiveness of noise abatement outside DNL outreach tools. 65, and there is little guidance from the FAA on appro- • The responding airports communicate with pilots about priate metrics or criteria for evaluating noise abatement noise outside DNL 65 in a number of ways: the most procedures. Responses to the survey indicated that in cer- common are pilot briefings (40%) and Jeppesen inserts tain areas airport staff is not privy to the cost incurred by (40%), posters and handouts (37%), and FAA standards airlines and the FAA of implementing various actions, as (17%); other methods include airfield signage, Airport the responses noted that information is not available. Facility Directory Special Notices, videos distributed Finally, respondents report that noise abatement flight through flight schools, and phone calls. tracks are somewhat more effective than noise abatement procedures at reducing noise complaints. Two case studies demonstrate that there is a strong need for • Most airports reported some procedures to minimize airports to have continued flexibility in addressing noise out- noise from ground operations such as taxi and pre-takeoff side DNL 65—whether because communities have demanded runups (69%); 25% of those airports reported that the it (Naples Municipal Airport) or because the airport has
- 36. 28 conducted proactive planning(Dallas/Ft. Worth International • Land use measures—This study identified a need Airport). to identify the barriers to implementing land use measures; some of this work is ongoing through This synthesis identified the need for additional research ACRP Project 03-03, Enhancing Airport Land Use in the following areas: Compatibility. • Complaints—The relationship between noise com- • “Toolkit” of strategies to address noise outside DNL 65— plaints and noise level is still not well understood. Areas This synthesis identified a range of strategies employed for research in this area include: (1) an evaluation of how by airports to address noise outside DNL 65. A compre- complaints are made, recorded, and dealt with; (2) how hensive toolkit with recommended best practices could airport operators use and evaluate complaint levels to help airports identify those strategies best suited for a drive noise programs; and (3) how airport operators variety of noise issues outside DNL 65. evaluate the effectiveness of noise programs through • Communication—Better methods are needed for work- changes in complaints. ing with local communities; some of this work is already • Case studies—The case studies described in this synthe- underway through ACRP Project 02-05, Guidebook on sis are instructive; however, the scope of this project did Community Responses to Aircraft Noise. not allow for an in-depth analysis or discussion of some • Evaluation of noise abatement strategies outside DNL 65 of the best practice strategies that could be derived from including noise metrics, criteria, and benefit-cost analyses. these airports.
- 37. 29 REFERENCES “Airport Input Soughtfor ACRP Study of Noise Programs FAA Order 1050.1E, change 1, “Environmental Impacts: Going Outside DNL 65,” Airport Noise Report, Vol. 20, Policies and Procedures,” Mar. 20, 2006. p. 46. FAA Order 5050.4B, National Environmental Policy Act “Airport Noise Compatibility Planning,” 14 CFR Part 150, (NEPA) Implementing Instructions for Airport Actions, Federal Aviation Administration, Washington, D.C., 1981. Apr. 28, 2006, replaces FAA Order 5050.4A, Airport “ATA Says Block-Rounding at Bob Hope, Ft. Lauderdale Int’l Environmental Handbook, Great Lakes Region Planning/ Has Gone Too Far,” Airport Noise Report, Vol. 20, p. 78. Programming Branch, FAA Airports Division, Washing- Berkeley Keep Jets over the Bay Committee v. Board of Port ton, D.C. Commissioners of Oakland, Nos. A086708, A087959, FAA Order 5100.38C, Airport Improvement Program Hand- A089660, Court of Appeal, First District, Division 2, Cal- book, Chapter 7, Section 706, “Land Acquisition for Noise ifornia, Aug. 30, 2001. Compatibility,” and Chapter 8, “Noise Compatibility Proj- C.A.R.E. Now, Inc. v. F.A.A., 844 F.2d 1569 (11th Cir. 1988). ects,” June 28, 2005, Washington, D.C. Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190 (D.C. FAA RNAV/RNP Group website [Online]. Available: http:// Cir. 1991). www.faa.gov/ato?k=pbn [accessed Nov. 3, 2008]. City of Bridgeton v. Slater, 212 F.3d 448 (8th Cir. 2000). Li, K., G. Eiff, J. Laffitte, and D. McDaniel, Land Use Man- City of Naples Airport Authority, Petitioner v. Federal Avi- agement and Airport Controls: Trends and Indicators of ation Administration, Respondent, 409 F.3d 431 (D.C. Incompatible Land Use, Report No. PARTNER-COE- Cir. 2005). 2008-001, Dec. 2007. Clarke, J.-P., et al., Development, Design, and Flight Test Los Angeles World Airports, LAX Master Plan website, Evaluation of a Continuous Descent Approach Procedure Community Benefits [Online]. Available: http://www.lax for Nighttime Operation at Louisville International Air- masterplan.org/comBenefits.cfm [accessed Nov. 3, 2008]. port, Report No. PARTNER-COE-2005-02, Jan. 9, 2006. Maryland Department of Aviation, State Aviation Adminis- Coffman Associates, Lincoln NE, Airport Part 150, Appendix tration, Selection of Airport Noise Analysis Method and E, Support Documentation for Land Use Regulations Exposure Limits, Baltimore, Jan. 1975. within and below DNL 65, Table A, 2000. Morongo Band of Mission Indians v. FAA, 161 F.3d 569 (9th Communities, Inc. v. Busey, 956 F.2d 619 (6th Cir. 1992). Cir. 1998). Department of Defense, Air Installations Compatible Use President’s Airport Commission, The Airport and Its Neigh- Zones, Number 4165.57, Washington, D.C., Nov. 8, 1977 bors: The Report of the President’s Airport Commission, [Online]. Available: http://www.dtic.mil/whs/directives/ May 1952. corres/text/i416557p.txt. Public Law 108-176, H.R.2115, Vision 100—Century of Avi- Department of Defense, Joint Land Use Study (JLUS), Pro- ation Reauthorization Act, Dec. 2003. gram Guidance Manual, Washington, D.C., Aug. 2002. Seattle Comm. Council Fed’n v. FAA, 961 F.2d 829 (9th Cir. Department of Transportation, Aviation Noise Abatement 1992). Policy, Washington, D.C., Nov. 18, 1976. State of Minnesota et al. v. Metropolitan Airports Commission FAA, Noise Abatement Departure Profile, Advisory Circular, (MAC) and Northwest Airlines (Cities Litigation) Case AC 91-53A, Washington, D.C., July 22, 1993. No. 277-CV-05-5474, District Court, County of Hen- FAA, AIP, and PFC Funding Summary for Noise Compati- nepin, Nov. 2007. bility Projects [Online]. Available: http://www.faa.gov/ Suburban O’Hare Comm’n v. Dole, 787 F.2d 186 (7th Cir. airports_airtraffic/airports/environmental/airport_noise/ 1986), cert. denied 479 U.S. 847. part_150/funding/ [accessed Nov. 3, 2008]. U.S. EPA, Impact Characterization of Noise Including Impli- FAA, Great Lakes Region, Final Record of Decision, cations of Identifying and Achieving Levels of Cumulative Minneapolis–St. Paul International Airport, Dual Track Noise Exposure, PB224408, Environmental Protection Airport Planning Process: New Runway 17/35 and Air- Agency, Washington, D.C., July 1973. port Layout Plan Approval, Minneapolis, Sep. 1998. U.S. EPA, Information on Levels of Environmental Noise FAA, NextGen Environmental Goals and Targets, ACI-NA Requisite to Protect Public Health and Welfare with an Environmental Committee, Sep. 21, 2008, Lynne Pickard, Adequate Margin of Safety, Environmental Protection Deputy Director FAA Office of Environment & Energy Agency, Washington, D.C., Mar. 1974.
- 38. 30 GLOSSARY OF TERMS,ABBREVIATIONS, AND ACRONYMS AIP Airport Improvement Program NADP Noise Abatement Departure Procedure ANP Advanced Navigation Procedures NAS National Airspace System ATC Air Traffic Control NEM Noise exposure map CDA Continuous Descent Arrival NEPA National Environmental Policy Act CFR Code of Federal Regulations NEXTGEN Next Generation Air Transportation CNEL Community Noise Equivalent Level System dB Decibel Part 150 14 CFR Part 150, Airport Noise Com- dBA A-weighted decibel patibility Planning DNL Day–Night Average Sound Level PARTNER Partnership for Air Transportation FAR Federal Aviation Regulation Noise and Emissions Reduction GRE Ground runup enclosure RNAV Area Navigation ICAO International Civil Aviation Organi- SEL Sound Exposure Level zation Time above Time Above Threshold Leq Continuous Equivalent Sound Level USC United States Code Lmax Maximum A-weighted Sound Level Vision 100 Public Law 108-176, “Vision 100— MSP Minneapolis–St. Paul International Century of Aviation Reauthorization Airport Act”
- 39. 31 APPENDIX A Survey Instrument Survey for Airport Noise Officers on Noise Issues Outside DNL 65 The Transportation Research Board’s Airport Cooperative Research Program has commissioned a study on airport noise programs in areas outside Day–Night Average Sound Level (DNL) 65 (S02-03). The goal of this synthesis project is to compile in one location current Federal law and policy and how it is applied regionally, and to provide the state of the practice of noise programs targeted outside DNL 65 at airports. As someone with experience in this area, we would like to have your input on this subject. Please be assured that your responses will be kept in strictest confidence, to be aggregated with all other responses. 1) State in which you are located: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey
- 40. 32 New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Other (please specify): If you selected other, please specify: ____________________________________ 2) Please indicate your number of years of experience in the aviation industry: 0–5 yrs 5–10 yrs 10–15 yrs 15–20 yrs 20–30 yrs 30+ yrs 3) How many operations does your airport have annually? Less than 50,000 50,000–100,000 100,000–250,000 More than 250,000 4) Please indicate the current nature of your employment: Local Government State Government Federal Government Airport Commission/Authority Airport Management Consultant Other (please specify): If you selected other, please specify: ______________________________________________________________________ 5) How important are noise concerns outside DNL 65 to your airport? Not at all important Somewhat important Important
- 41. 33 Very important Critical Additional comments: ______________________________________________________________________ 6) What method(s) does your airport use to minimize noise outside DNL 65 (check all that apply)? Noise abatement flight tracks Noise abatement departure or arrival procedures (e.g., NADPs or CDA) Preferential runway use program Ground noise control Operator education and outreach None of the above Other (please specify): If you selected other, please specify: ______________________________________________________________________ 7) What method(s) does your airport use to reduce/minimize land use incompatibilities outside DNL 65 (check all that apply)? Collaboration with local land use officials and/or real estate developers Zoning Easements Disclosure Sound insulation Building code enforcement None of the above Buyouts Other (please specify): If you selected other, please specify: ______________________________________________________________________ 8) What was your motivation for addressing noise outside DNL 65 (check all that apply)? Political action Litigation Mitigation for airport expansion Preventive planning Community concerns Other (please specify): If you selected other, please specify: ______________________________________________________________________ 9) What percentage of your noise complaints come from people who live outside DNL 65? None Less than 25% 25%–50% 50%–75% More than 75% Don’t know 10) What kind out outreach tools do you use to communicate with people exposed to noise outside DNL 65 (check all that apply)?
- 42. 34 Online flight tracking Community meetings/forums Newsletters Website None of the above Other (please specify): If you selected other, please specify: ______________________________________________________________________ 11) Has FAA denied your airport’s plans to mitigate or abate noise outside DNL 65? Yes, because “Noise below DNL 65 is not significant” Yes, because “FAA does not fund actions outside DNL 65” (or it is such a low priority that it will never be funded) Yes, because “The sponsor has not shown that there is a problem outside DNL 65” Yes, because “The local community has not enacted the local land use policies (including provision to protect areas outside DNL 65)” Yes, because “At locations outside DNL 65, community noise is equal or greater to the aircraft noise” Yes, because “FAA has a national policy of not addressing noise from aircraft weighting less than 12,500 Online flight tracking” Yes, because “The lack of evidence/precedent indicating sound insulation of ‘floating’ homes would be effective” No Other (please specify): If you selected other, please specify: ______________________________________________________________________ Additional comments: ______________________________________________________________________ 12) Do you use noise abatement flight tracks for noise abatement? Yes No (Survey will skip to question 24) 13) Type of noise abatement track (check all that apply). Jet aircraft departure Jet aircraft arrival Propeller aircraft departure Propeller aircraft arrival Helicopter departure Helicopter arrival None 14) Were your noise abatement tracks developed primarily to address noise outside DNL 65, primarily to address noise within DNL 65, or both? Primarily to address noise outside DNL 65 Primarily to address noise within DNL 65 Both 15) What noise metric(s) did you use to evaluate noise abatement flight tracks (enter levels for all that apply)? Day–Night Average Sound Level, DNL Level: ________________________________
- 43. 35 Equivalent Level, Leq Level: ___________________________________ Sound Exposure Level, SEL Level: ___________________________________ Maximum A-weighted Level, Lmax Level: ___________________________________ Time Above, TA Level: ___________________________________ Number of events above (NA): ___________________________________ Other: ___________________________________ 16) What review/approval was needed to implement noise abatement flight tracks (check all that apply)? None FAA approval NEPA approval 17) How are your noise abatement flight tracks implemented by ATC (check all that apply)? Vectoring DME with published turn and altitude instructions RNAV GPS Other (please specify): If you selected other, please specify: ______________________________________________________________________ 18) Please explain the implementation process with FAA, focusing on implementation obstacles/challenges: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 19) How are your noise abatement flight tracks communicated to pilots (check all that apply)? Posters and/or handouts Jeppesen inserts FAA standards Pilot briefings Other (please specify): If you selected other, please specify: ______________________________________________________________________ 20) How effective are your noise abatement flight tracks at reducing noise over sensitive communities outside DNL 65? Not at all effective Somewhat effective Moderately effective Very effective Additional comments: ______________________________________________________________________ 21) How effective are your noise abatement flight tracks at reducing complaints from noise-sensitive communities outside DNL 65? Not at all effective Somewhat effective Moderately effective
- 44. 36 Very effective Additional comments: ______________________________________________________________________ 22) What is the estimated cost to implement this measure? Cost to Airport: ___________________________________ Cost to Operators: ___________________________________ Cost to FAA: ___________________________________ Other costs (explain): ___________________________________ 23) Are there any drawbacks or challenges to implementing your flight tracks (check all that apply)? Increased fuel cost to airlines Increased flight time Communication with air traffic control Communication with pilots Communication with community Other (please specify): If you selected other, please specify: ______________________________________________________________________ 24) Do you use Departure or Arrival Flight Procedures for noise abatement? Yes No (Survey will skip to question 35) 25) Type of noise abatement procedure (check all that apply). Jet aircraft departure (e.g., ICAO NADP and/or NBAA procedure) Jet aircraft arrival (e.g., CDA) Propeller aircraft departure (e.g., pattern altitude) Propeller aircraft arrival Helicopter departure (e.g., minimum crossing height) Helicopter arrival None of the above 26) Were your noise abatement procedures developed primarily to address noise outside DNL 65, primarily to address noise within DNL 65, or both? Primarily to address noise outside DNL 65 Primarily to address noise within DNL 65 Both 27) What noise metric(s) did you use to evaluate noise abatement procedures (enter levels for all that apply)? Day–Night Average Sound Level, DNL Level: ______________________________ Equivalent Level, Leq Level: ___________________________________ Sound Exposure Level, SEL Level: ___________________________________ Maximum A-weighted Level, Lmax Level: ___________________________________ Time Above, TA Level: ___________________________________ Other: ___________________________________ 28) How are your noise abatement flight procedures implemented (check all that apply)? Informal
- 45. 37 Formal Both 29) Please explain: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 30) How are your noise abatement procedures communicated to pilots (check all that apply)? Posters and/or handouts Jeppesen inserts FAA standards Pilot briefings Other (please specify): If you selected other, please specify: ______________________________________________________________________ 31) How effective are your noise abatement procedures at reducing noise over sensitive communities outside DNL 65? Not at all effective Somewhat effective Moderately effective Very effective Additional comments: ______________________________________________________________________ 32) How effective are your noise abatement procedures at reducing complaints from noise- sensitive communities outside DNL 65? Not at all effective Somewhat effective Moderately effective Very effective Additional comments: ______________________________________________________________________ 33) What is the estimated cost to implement this measure? Cost to Airport: ___________________________________ Cost to Operators: ___________________________________ Cost to FAA: ___________________________________ Other costs (explain): ___________________________________ 34) Are there any drawbacks or challenges to implementing your procedures (check all that apply)? Increased fuel cost to airlines Increased flight time Communication with air traffic control Communication with pilots Communication with community Other (please specify): If you selected other, please specify: ______________________________________________________________________
- 46. 38 35) Does yourairport have procedures to minimize ground noise (i.e., from takeoff roll, reverse thrust, taxi, or engine runups)? Yes No (Survey will skip to question 45) 36) Type of ground noise procedure (check all that apply). Ground runup enclosure Blast fence Noise barrier or berm Pre-takeoff runup policy Reverse thrust policy Ramp operation procedures Move to a location away from noise-sensitive sites 37) Were your ground noise procedures developed primarily to address noise outside DNL 65, primarily to address noise within DNL 65, or both? Primarily to address noise outside DNL 65 Primarily to address noise within DNL 65 Both 38) What noise metric(s) did you use to evaluate ground noise procedures (enter levels for all that apply)? Day–Night Average Sound Level, DNL Level: _______________________________ Equivalent Level, Leq Level: ___________________________________ Sound Exposure Level, SEL Level: ___________________________________ Maximum A-weighted Level, Lmax Level: ___________________________________ Time Above, TA Level: ___________________________________ Other: ___________________________________ 39) How are your ground noise procedures implemented (check all that apply)? Informal Formal Both 40) Please explain: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 41) How are your ground noise procedures communicated to pilots (check all that apply)? Posters and/or handouts Pilot briefings Other (please specify): If you selected other, please specify: ______________________________________________________________________ 42) How effective are your ground noise procedures at reducing complaints from noise-sensitive communities outside DNL 65? Not at all effective Somewhat effective
- 47. 39 Moderately effective Very effective Additional comments: ______________________________________________________________________ 43) What is the estimated cost to implement this measure? Cost to Airport: ___________________________________ Cost to Operators: ___________________________________ Cost to FAA: ___________________________________ Other costs (explain): ___________________________________ 44) Are there any drawbacks or challenges to implementing your ground noise procedures (check all that apply)? Increased fuel cost to airlines Communication with ground control Communication with pilots Communication with community Other (please specify): If you selected other, please specify: ______________________________________________________________________ 45) Do you have land use measures that apply outside DNL 65? Yes No (Survey will skip to question 56) 46) What type of zoning do you or the land use governments surrounding the airport use outside DNL 65? (Enter levels for all that apply.) Prohibit development of residential land uses—Identify Level: ________________________ Permit development of residential land uses with sound insulation—Identify Level: _______ ___________________________________ Other: ___________________________________ None ___________________________________ 47) Do you or the governing body(ies) with land use authority require avigation easements? Yes (please specify level in comments section) No Additional comments: ______________________________________________________________________ 48) Do you or the governing body(ies) with land use authority require real estate disclosure? Yes (please specify level in comments section) No Additional comments: ______________________________________________________________________ 49) Do you offer sound insulation to any homeowners living outside DNL 65? Yes, for homes in contiguous neighborhoods (“humanize”) Yes, for homes within DNL 60 dB contour No Other (please specify): If you selected other, please specify:
- 48. 40 ______________________________________________________________________ 50) What isyour funding source for sound insulation outside DNL 65? Airport Operators FAA Homeowner Other (please specify): If you selected other, please specify: ______________________________________________________________________ 51) What is the estimated cost to implement this measure? Cost to Airport: ___________________________________ Cost to Operators: ___________________________________ Cost to FAA: ___________________________________ Cost to Homeowner ___________________________________ Other costs (explain): ___________________________________ 52) How effective are your, or the land use governing body(ies), land use policies communicated to homeowners and realtors (check all that apply)? Newsletters and/or handouts Individual homeowner briefings Presentations to real estate boards Other (please specify): If you selected other, please specify: ______________________________________________________________________ 53) How effective are your, or the land use governing body(ies), land use policies at preventing non-compatible development in communities outside DNL 65? Not at all effective Somewhat effective Moderately effective Very effective Additional comments: ______________________________________________________________________ 54) What is the estimated cost to implement this land use measure? Cost to Airport: ___________________________________ Cost to Homeowners ___________________________________ Cost to Realtors: ___________________________________ Other costs (explain): ___________________________________ 55) Are there any drawbacks or challenges to implementing the land use policies around your airport (check all that apply)? Coordination with local land use officials Coordination with realtors Coordination with homeowners Additional comments: ______________________________________________________________________ Final Comments
- 49. 41 56) Please provideinformation for a point of contact to whom any follow-up questions can be addressed if necessary: As thanks for sharing your information, we would like to e-mail you a link to the completed report. Please include any other e-mail addresses where we should send the completed report. Name: ___________________________________ Telephone: ___________________________________ E-mail: ___________________________________ 57) Do you have a case study on noise issues outside of DNL 65 that you would be willing to contribute? If you answer yes, the consultant will contact you via e-mail and arrange for a telephone interview regarding the case study. Prior to the interview, you will receive an outline of the types of information needed in the interview. Yes No 58) Do you have any other information that you believe would be helpful to this study? If so, please indicate below: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Thank you for your assistance in completing this survey. Your responses will help provide insights into how to better analyze the economic impact of airports. If you have any questions regarding the survey, please contact Mary Ellen Eagan, [email protected], 781.229.0707. You can mail any documentation that you might feel will be helpful to this study to the following address: Mary Ellen Eagan Harris Miller Miller & Hanson Inc. 77 South Bedford St. Burlington, MA 01803
- 50. 42 APPENDIX B Survey Resultsand Analysis SUMMARY This report contains a detailed statistical analysis of the results to the survey titled Survey for Airport Noise Officers on Noise Issues Outside DNL 65. The results analysis includes answers from all respondents who took the survey in the 95 day period from Monday, April 28, 2008, to Thursday, July 31, 2008. Thirty-four completed responses were received to the survey during this time. 1. State in which you are located: New York 3 8.8% North Carolina 1 2.9% Response Count Percent North Dakota 0 0.0% Alabama 0 0.0% Ohio 0 0.0% Alaska 0 0.0% Oklahoma 0 0.0% Arizona 1 2.9% Oregon 1 2.9% Arkansas 0 0.0% Pennsylvania 0 0.0% California 7 20.6% Rhode Island 0 0.0% Colorado 1 2.9% South Carolina 0 0.0% Connecticut 0 0.0% South Dakota 0 0.0% Delaware 0 0.0% Tennessee 1 2.9% District of Columbia 0 0.0% Texas 2 5.9% Florida 6 17.6% Utah 0 0.0% Georgia 0 0.0% Vermont 0 0.0% Hawaii 0 0.0% Virginia 2 5.9% Idaho 1 2.9% Washington 0 0.0% Illinois 0 0.0% West Virginia 0 0.0% Indiana 0 0.0% Wisconsin 0 0.0% Iowa 0 0.0% Wyoming 0 0.0% Kansas 0 0.0% Other 1 2.9% Kentucky 0 0.0% Louisiana 0 0.0% Maine 0 0.0% Other Responses: New York and New Jersey Maryland 0 0.0% Massachusetts 2 5.9% Michigan 1 2.9% Minnesota 1 2.9% Mississippi 0 0.0% Missouri 0 0.0% Montana 1 2.9% Nebraska 0 0.0% Nevada 2 5.9% New Hampshire 0 0.0% New Jersey 0 0.0% New Mexico 0 0.0%
- 51.
- 52. 44 Other Responses: PrivateContractor, Public Benefit Corporation, Bi-State Authority.
- 53. 45 Comment Responses: All noiseconcerns are treated with equal importance no matter where they are located. With no population inside the 2005 65 DNL contour, all noise concerns are outside DNL 65. Interagency Agreement with four airports. We have experienced significant reduction in incompatible land uses around the airport since the mid-1980s. Using 60 DNL for some land use planning since early 1990s. Some communities are affected with noise outside the DNL 65 when departure patterns are altered during runway closures for construction. We accept the FAA’s DNL 65 standard. It is our experience that the levels of annoyance over aircraft noise at our airport are minimal based on the complaints received.
- 54. 46 (Check all thatapply) Other Responses: Dedicated Noise Complaint Hotline 24/7 Noise budget Noise Monitoring Pilot training, Weekly coordination with ATCT RNAV departures, airport large land mass Detailed noise reports All programs at the airport are voluntary Airport Influence Area Use of “policy” contours Procedures at this airport are voluntary Noise Insulation Program
- 55. 47 (Check all that apply) Public education and outreach All but buyouts included in city code Future workshops with all stakeholders Use of policy noise contours Place conditions on land use application Use of policy noise contours Public education, newsletters End-of-the-block sound insulation
- 56.
- 57. 49 Other response: Proactiveplanning.
- 58. 50 Other Responses: E-mail, noisealerts Responses to complaints Local newspaper ads Noise disclosure notification NOMS (Noise and Operations Management System) will be operational in January 2009 E-mail listserv Education using flight tracking tools Noise reports. 24/7 Noise Complaint Line, Annual Report Noise Mitigation Program Model home Reports Meetings with local planners
- 59. 51 11) Has FAAdenied your airport's plans to mitigate or abate noise outside DNL 65? Response Count Percent Yes, because “Noise below DNL 65 is not significant.” 2 6.3% Yes, because “FAA does not fund actions outside DNL 65” (or it is such a low 10 31.3% priority that it will never be funded). Yes, because “The sponsor has not shown that there is a problem outside DNL 65.” 1 3.1% Yes, because “The local community has not enacted the local land use policies 0 0.0% (including provision to protect areas outside DNL 65).” Yes, because “At locations outside DNL 65, community noise is equal or greater to 0 0.0% the aircraft noise.” Yes, because “FAA has a national policy of not addressing noise from aircraft 0 0.0% weighting less than 12,500 Online flight tracking.” Yes, because “The lack of evidence/precedent indicating sound insulation of 0 0.0% ‘floating’ homes would be effective.” No 9 28.1% Other 10 31.3% Other Responses: No Part 150 program at this airport for FAA to approve or deny No Part 150 study conducted Decision on this airport in August Never presented to the FAA in any airport documents Part 150 pending action by FAA. The airport is in the process of conducting a Part 161 study. Unfair question Not applicable Does not apply No. This airport has only requested FAA to fund sound insulation to end-of-the-block, which does extend outside the 65 dB CNEL. They have agreed to use of general airport revenues for mitigation due to settlement of litigation proposed procedure opposed by local ATCT Comment Responses: Only FAA involvement is noise abatement flight track. We have not asked and do not intend to This airport does not have plans to support any mitigation outside DNL 65 We don’t formally pursue because it will be denied. Everything we are doing is not in conflict with our FAA covenants or FAA regulations.
- 60. 52 The DNL 65is located within the airport boundary. We did not ask the FAA to fund mitigation, but were denied approach and departure procedures outside the DNL 65. This question should allow for multiple answers. Can you tell me why the burden should be placed on airports to mitigate outside the DNL 65 levels when local communities are not willing to mitigate along roads and railroads with equal or even higher levels. The policy is wrong for airports. Airport is conducting a Part 161 study to try to restrict aircraft from departing to the east over residences between midnight and 6:30 a.m., which disturbs areas outside current 65 dB CNEL. 12) Do you use noise abatement flight tracks for noise abatement?
- 61. 53 14) Were yournoise abatement tracks developed primarily to address noise outside DNL 65, primarily to address noise within DNL 65, or both? Response Count Percent Primarily to address noise outside DNL 65 8 38.1% Primarily to address noise within DNL 65 2 9.5% Both 11 52.4%
- 62. 54 15) What noisemetric(s) did you use to evaluate noise abatement flight tracks (Enter levels for all that apply)? Day–Night Sound Maximum Time Number Average Equivalent Exposure A-weighted Above, of Events Sound Level, Leq Other: Level, SEL Level, Lmax TA Above Level, Level Level Level Level (NA) DNL Level 55, 60, 65, 55, 60, 65, 55,60, Number of events 55, 60, 65 70, 75 70, 75 65 above 65 (NA) ** ** ** Flight tracks follow river corridors NAFTs were not designed around specific metrics, but compatible land uses. 50 No noise assessment was done. The intent was to avoid one subdivision with jet departures at the expense of other subdivisions in 1987. CNEL 65 65 dBA 95 dBA 70–75 dBA Varies; target levels for each type of Varies aircraft selected Yes Somewhat 65 65 85 90 Primary Secondary metric used metric used Number of flights within corridors; minimum altitude; time of use Perceived noise in decibels (PNDB) None; we used the
- 63. 55 local geography. 60+ 65 and 60 85 CNEL x x x x x 15.7) Other: What noise metric(s) did you use to evaluate noise abatement flight tracks (enter levels for all that apply)? Other: Number of events above 65 (NA) Flight tracks follow river corridors NAFTs were not designed around specific metrics, but compatible land uses. No noise assessment was done. The intent was to avoid one subdivision with jet departures at the expense of other subdivisions in 1987. Number of flights within corridors; minimum altitude; time of use PNDB None; we used the local geography. CNEL
- 64. 56 Other Responses: Special proceduresinformation When traffic density is low Voluntary, no ATC Our program is voluntary. By request when available through airport ATC Local noise abatement departure procedures RNAV currently being designed Pilot education Voluntary compliance only
- 65. 57 18) Please explainthe implementation process with FAA, focusing on implementation obstacles/challenges: We have a very strong relationship with our local air traffic control management. We worked with them, as well as with airline partners, to develop a number of procedures including SIDs (Part 150 recommendation) RNAV and RNP, and preferential routing (collaboration with ATC and local operators). The FAA does not participate nor care about noise issues. We are requesting their assistance from the highest levels. Procedures were established in the late 1960s by the FAA and reaffirmed in the early 1980s by the FAA. Approved measures in the FAR Part 150 update for 1999. FAA uses preferential runway use pattern between 6 a.m. and 8 a.m. since 2000. Never able to gain cooperation at other times. Noise abatement routes are voluntary and followed by local air taxi operators. Not able to implement ATIS noise abatement message. FAA tower personnel worked out the details quickly and efficiently. NA Typical Part 150 with public meetings The Authority and the FAA ATM signed an Informal Letter of Agreement which states TPA’s Noise Abatement Program. Noise abatement procedures are published in a Letter to Airmen Notice and are renewed every two years. As the FAA’s mission is to operate the airport in a safe and efficient manner and with the adoption of ICAO’s definition of a runway incursion; this presents new challenges to the Authority. The TPA FAA TRACON recently informed the Authority that they want the discretion to assign the noise sensitive parallel runway for turbojet arrivals regardless of noise impacts to residential communities. Our program is voluntary. We cannot implement process until Part 161 is completed and approved. Education. Management concurs, but line staff doesn’t. Whole system is voluntary for ATC/Instrument Flight Rules flights and Visual Flight Rules flights. Does not always work—~50% compliance. Our local noise abatement procedures were implemented over time with the use of a special X-FAA staff consultant and much input from the community/airport users/local FAA personnel. Existing noise abatement in place since 1980s. Currently undergoing noise abatement study as part of federal mitigation requirement for new runway Conducted studies (before Part 150 existed) and negotiated with the FAA to implement the procedures. FAA implemented for approved departure throughput; airport provided NEPA data for FAA determination; reduced population impacted inside the 65 from 4868 to 3800 Our flight tracks are voluntary and supported by safety issues. Our runway is in a box canyon and surrounded by mountains on three sides. Our flight track support head-to-head traffic patterns and supports safety. They also help with noise abatement outside of the 65 DNL. Ideas are developed and researched by the airport Noise Oversight Committee (NOC) and recommendations are made to FAA. Additional review in support of FAA’s consideration/implementation is conducted by MAC noise staff in consultation with the airport NOC.
- 66. 58 FAA ATCT willencourage noise abatement when aircraft separation and safety is not an issue. We have encountered some challenges in implementing RNAV procedures for a number of various departures. This is done via MOA or other agreement documentation. Other Responses: Website, outreach with AOPA, NBAA, HAI, etc. Pilot brochures Airport Facility Directory Special Notices Section ATC directive Video presentation in terminal, website Website and assigned headings by FAA ATCT E-mail AFD, airfield signing, and tower instructions Airport website ATC instructions
- 67. 59 Comment Responses: Would bemore effective if we could get FAA support Very effective when weather permits Effective only for particular noise-sensitive communities at the expense of other communities. However, we have not collected data to support this position When adhered to by ATCT and turbojet pilots. Turns over water, late night and shoreline crossings altitude very effective. Other close in turns not as affective. Population under RNAV corridors more affected.
- 68. 60 21) How effectiveare your noise abatement flight tracks at reducing complaints from noise-sensitive communities outside DNL 65? Comment Responses: See comments from Question #20 above Reduced complaints from particular noise-sensitive communities However, we have not collected data to support this position When complied by ATCT and jet pilots High altitude overflights still generate many complaints
- 69. 61 22) What isthe estimated cost to implement this measure? Cost to Airport Cost to Operators Cost to FAA Other Costs: (explain) Undetermined Undetermined Undetermined none do not know do not know do not know 200K annually 750K annually 0 Unknown amount of 0 0 fuel cost $300,000 $0 Unknown Unknown Staff time training NA NA NA NA $25 to $60K per year 0 0 Annual noise budget— $1,500,000+ unknown Cost indicated is for annual 175K system maintenance a bit extra time and fuel $50,000 for NEPA work $25,000 Staff time Minimal Minimal Just printing and communication costs NA NA NA
- 70. 62 Other Responses: ATC workload,increased emissions Airspace congestion No challenges to implementing flight tracks Unknown Prevent runway incursion and traffic Voluntary is just hard to describe Four of 16 routes increase flight time The flight tracks are voluntary
- 71. 63 24) Do youuse Departure or Arrival Flight Procedures for noise abatement?
- 72. 64 26) Were yournoise abatement procedures developed primarily to address noise outside DNL 65, primarily to address noise within DNL 65, or both?
- 73. 65 27) What noisemetric(s) did you use to evaluate noise abatement procedures (enter levels for all that apply)? Day–Night Maximum A- Equivalent Time Average Sound Exposure weighted Level, Leq Above, Other Sound Level, Level, SEL Level Level, Lmax Level TA Level DNL Level Leveleq DNL ** ** ** ** ** Again! Were not designed around metrics but compatible land uses. DNL per 14 CFR 150 65 CNEL DNL Leq Lmax 65 dBA 95 dBA 70–75 dBA SENEL for jet departures. Target level varies according to type of jet. 65 PNDB 60+ NEF Contours CNEL 65 and 60 x x x x
- 74. 66 29) Please explain: Letterof Agreement with control tower. Also, extensive operator outreach for voluntary measures. FAA would not participate. We prepared procedures for VFR climatologic conditions. Non-towered airport with no radar service. All voluntary. FAR Part 150 Update of 1999. Formal notice is published for pilots to maintain 2,000 ft altitude until 5 mile final, but this is voluntary. Voluntary Visual Flight Tracks Non-controlled airspace, voluntary procedure Letter to Airmen Notice that is a local signed agreement between the Authority and the FAA airport ATM and is renewed every two years. Informal as most procedures are voluntary. Formal as we have a partial curfew designed to prohibit departures of Stage II aircraft. Noise rules and FAA SOP Departures are given headings to direct aircraft over non-sensitive areas. Closure of east outboard and diagonals at night; depends primarily on inboards; arrivals on outboards. Procedures are voluntary.
- 75. 67 All are formalexcept for the “no turns before shoreline” policy to eliminate early turns. If all departures followed a published DP then there would be no early turns. LAX ATC usually directs them to "turn at the VOR" or "turn at the shoreline" which is then up for interpretation. NADPs They are implemented if there weather conditions allow. Other Responses: ATC instructions in line with LOA Video distributed to flight schools Pilot Brochures, letters, phone calls Airport Facility Directory Special Notice FAA ATC as a part of their standard SOP Directed by ATCT Airfield signage ATC instructions
- 76. 68 31) How effectiveare your noise abatement procedures at reducing noise over sensitive communities outside DNL 65? Comment Responses: Flight school pilots change so frequently that it is hard to keep everyone current on noise abatement procedures. They could be very effective with FAA support Very effective weather permitting When adhered to by ATC and jet pilots Late night, turns over water, minimum shoreline crossing altitudes are very effective in reducing noise. Close-in turns over populated areas less so and concentrate noise Some problems occur during construction when runways are closed. The majority of complaints (2–3 per year) are due to military operations. Although the communities don’t seem to think so. They relate to what is current and can't compare to what it's like without the procedures in place.
- 77. 69 32) How effectiveare your noise abatement procedures at reducing complaints from noise-sensitive communities outside DNL 65? Comment Responses: We ask that pilots stay west of the complaining community. The community does not care if there are reasons that this is not always possible. See comments Question #32 above When adhered to by ATC and jet pilots
- 78. 70 33) Whatis the estimated cost to implement this measure? Other Costs Cost to Airport Cost to Operators Cost to FAA (explain) Undetermined Undetermined Undetermined $13,500, part time noise unknown but they spend time position training pilots considerable $250,000/ year no idea nil nil nil Nil 200K 750K 0 $300,000 Training Staff time (unknown) unknown Extra taxiing distance and flight time 175K for system maintenance 0 0 Cost of placing signs on airfield. $25,000 Noise office staff to monitor ? ? procedures. Staff Time Minimal Minimal NA NA NA
- 79. 71 Other Responses: ATC workload,emissions, shifting noise Airspace congestion None No costs Procedures are voluntary
- 80. 72 35) Does yourairport have procedures to minimize Ground Noise (i.e., from takeoff roll, reverse thrust, taxi, or engine run-ups)?
- 81. 73 37) Were yourground noise procedures developed primarily to address noise outside DNL 65, primarily to address noise within DNL 65, or both?
- 82. 74 38) What noisemetric(s) did you use to evaluate ground noise procedures (enter levels for all that apply)? Day–Night Sound Equivalent Maximum A- Time Average Sound Exposure Level, Leq weighted Level, Above, Other Level, DNL Level, SEL Level Lmax Level TA Level Level Level HMMH conducted GRE testing ** AGAIN! Compatible land uses, not metrics! DNL per 14 CFR 150 65 None None CNEL 65 dBA Lmax 65 dBA 70–75 dBA 85 90 Metric used 60 Part 150 Study Public complaints NA CNEL 65
- 83. 75 40) Please Explain: Outreachwith local operators. Airport policies and procedures. Also coordination with ATC. We meet with tenants and ask for tower assistance. Operators asked to limit auxilary power unit (APU) usage to 15 min. Maintenance run-ups must be cleared by airport operations. Operation directives to enforce run-up policy Airport Rules and Regulations set forth operational procedures governing GRE use, enforcement, and five levels of incentive or penalties for compliance. Voluntary APU Restrictions Engine run-ups must be performed at specific location only and only during certain times with certain power settings and no run-ups permitted between 12 midnight and 6 a.m. Noise curfew restrictions in place prohibit run-up or engine run between 11:30 p.m. and 6:30 a.m. daily Airport rules and regulation control ground-based operations. Requests for run-up operations are directed to Operations for permission prior to commencing run-up activity.
- 84. 76 Ground run-ups allowedfrom 9 a.m. to 9 p.m. and in certain run-up areas as designated by Airport Operations. Operators may be asked if doing a maintenance run-up to stop or cutback power if noise complaints are coming in. Authority SOP that requires contact to the Operations Department prior to utilization of the GRE. A form is also filled out and faxed to the Authority. Maintenance hangars are located on the eastern side of the airfield just north of the GRE facility. Training on the use of GRE is conducted with new tenants. No nighttime run-ups for maintenance. Daytime run-ups only permitted at the blast fence. Written in pilot handouts and inserts and as advised by our Contract Tower. Part of Noise Rules. Designated run-up areas, towing of aircraft, limited use of APUs. Limited use of certain runways. Voluntary request on one engine taxiing. Blast fence is installed to protect the communities from noise. 1) Run-ups are prohibited during certain times of the day. It is listed in a Notice-to-Airman Noise Compatibility Procedure document. 2) We request that the public call and give us time and dates to monitor for compliance. Should non-compliance be evident, the specific airlines are contacted. 3) Airfield signs are to be posted this year concerning power taxiing and its limits Airport Rules and Regulations Airport Rules and Regulations include a recommendation for operators to minimize use of reverse thrust (not usually followed). Also includes a maintenance/engine run-up curfew between 11 p.m. and 6 a.m. daily, and a two-in/out requirement for large jet aircraft operating at the Imperial Terminal. Airport Operations staff enforce these rules. Filed Rule and Letters of Agreement with Tenants
- 85. 77 Other Responses: Maintenance personnelbriefings Tower Electronic signage Letter of Instruction on GRE Usage; all Website None Airport operations personnel Website and tenant meetings Airport regulations Installed at the end of the runways Letter to Airman Airport operations staff communicate rule Noise abatement rules and regulations.
- 86. 78 42) How effectiveare your ground noise procedures at reducing complaints from noise-sensitive communities outside DNL 65? Comment Responses: Irrelevant No run-up complaints in years Never had a ground noise complaint from outside CNEL 65 We rarely receive noise complaints re: run-up activity from outside the 65 NA
- 87. 79 43) What isthe estimated cost to implement this measure? Cost to Airport Cost to Operators Cost to FAA Other Costs (explain) $8 Million (GRE) relatively Undetermined Undetermined no cost on reverse thrust Very little Minimal no idea nil nil nil Administrative 1K initially unknown 0 Unknown fuel cost to taxi to 0 0 run-up location and back $0 $0 $0 $0 GRE installation and Maintenance, staff time, 80% training—$5 million and equipment 0 0 0 $4,500,000 80% Minimal None None None NA $25,000 Ops staff to enforce—Not 0 0 much activity. Staff Time minimal minimal
- 88. 80 44) Are thereany drawbacks or challenges to implementing your ground noise procedures (check all that apply). Other Responses: Additional taxi time; fuel/emissions Private jet passenger education No drawback; everyone cooperates None Doesn’t seem to be any drawbacks Our procedures are only recommended. No Operations staff enforcing curfew, etc.
- 89.
- 90. 82 46) What typeof zoning do you or the land use governments surrounding the airport use outside DNL 65? (Enter levels for all that apply.) Permit development of Prohibit development residential land uses with of residential land Other None sound insulation—Identify uses—Identify Level Level 68 dBA (based on 1990 65 dBA (based on 1990 contours) contours) to 60 LDN 65 CNEL none Airport Business surrounds ALB Noise Overlay District prohibiting non- adopted-in effect compatible uses Current 60 DNL similar to composite 65 DNL Airport Land Use Compatibility Plan, based on Caltrans Division of Aeronautics guidelines No prohibited land uses 65 DNL nonresidential sound 60 DNL 55 DNL insulation required 65 dBA Airport District Zoning Policy contours Disclosure. Building restrictions vary by local. Yes, since 1986 Control the land within the airport to insure compatible uses Airport Influence Area disclosure required for homes 65 DNL or higher 60–64.9 DNL >65 DNL until 1 mile outside the 60 DNL contour Use of policy contour None Discouraged >65 DNL 65 DNL SLR up to 35 db
- 91. 83 Airport requires easement Werequire easements out to our 65 LDN. Based on Land Use Compatibility Zones designated in plan Only for non-compatible uses with airport approval State, county, and city requirement But only prior to the ruling Nevada court ruling on Sisalak 5 miles around airports We have required them if property owners’ accepts mitigation Some jurisdictions only For homes requesting soundproofing Recent court case said not warranted In areas that we have purchased and sold back to the public All homes from between 60 and 65 DNL contours. Encouraged; not required Any use within 65 DNL
- 92. 84 Airport requires easement Stateof California requires within airport influence area Residential use only to composite 55 DNL State law Must be recorded at county Some jurisdictions only This is done at the county level. On a case-by-case basis for new development All homes outside the 65 DNL contour to a distance 1 mile out Encouraged; not required Disclosure is required within 60 DNL
- 93. 85 Other Responses: Currently studyingthis topic Residents should not be forced inside Pre-existing to airport 55 DNL+ received NLR Proposed only for less than 2 dozen homes
- 94. 86 Other Responses: NA No soundinsulation funded We have considered We do not insulate outside DNL 65
- 95. 87 51) What isthe estimated cost to implement this measure? Cost to Cost to Cost to Airport Cost to FAA Other Costs (explain) Operators Homeowner Will be evaluating as Undetermined Undetermined Undetermined Undetermined part of 2006 150 study $150,000/ year NA NA NA NA NA 0 0 0 0 0 unknown $0 $0 $0 $0 City provided using penalty payments from DIA nil (avigation In-house construction $3.1 million nil 80% easement) management Haven’t implemented NA NA NA NA yet. 20% or about $10K 80% or about $30K per dwelling per dwelling NA $15,000 130,000,000 NA NA NA NA
- 96. 88 52) How effectiveare your, or the land use governing body(ies), land use policies communicated to homeowners and realtors (check all that apply)? Other Responses: We work with land-use authorities County and city planning department Through the complaint process Planning departments advise petitioners Active with development permitting process Through public meetings Disclosures Resolution requiring notification
- 97. 89 53) How effectiveare your, or the land use governing body(ies), land use policies at preventing non- compatible development in communities outside DNL 65? Comment Responses: Effective inside 65 DNL but not outside 65 DNL only implemented w/in 80 Lmax Unique position in Planning to review all new development Re-zoning petitions are the biggest challenges. Authority is working to improve coordination thru mutually acceptable catchment areas for notification of the Aviation Authority. Usually allowed with mitigation/easements
- 98. 90 54) What isthe estimated cost to implement this land use measure? Cost to Cost to Cost to Airport Other Costs (explain) Homeowners Realtors Minimal Undetermined Undetermined Minimal nil nil Nil Administrative 0 0 0 0 $250,000 $0 Unknown Unknown 0 0 0 In-house construction, legal City and County Planners & and staff time Zoning Agencies NA NA NA NA Minimal NA 0 0 0 $15,000 NA NA NA NA NA NA
- 99. 91 Comment Responses: None Not allrealtors or homeowners are cooperative even though they can be sued for non-compliance. No drawbacks Voluntary compliance—No oversight Developers seeking P&D rezoning in our airport district zones for in-fill development Recommendations not always heeded Sometimes the local officials do not contact the airport on critical land development. Pressure from developers to abandon policy contour
- 100. 92 58) Do youhave any information that you believe would be helpful to this study? If so, please indicate below. I’d be happy to provide additional information. I am not sure what is meant by a “case study” but the Port has worked on many projects to address noise outside the 65 DNL contours including pursuing RNAV, building a GRE (due to state requirements) and establishing helicopter training patterns at HIO. On file with HMMH. All components of our program are based on issues outside the 65 CNEL. This facility was among the very first U.S. airports to implement ANCLUC–Airport Noise Control and Land Use Compatibility in 1979 and have completed 2 FAR Part 150 Study Updates. The airport has a fully cooperative relationship with the local jurisdictions for land use in the 65 DNL. Outside of the 65 DNL, the local jurisdictions do not prohibit noise sensitive land uses. The airport must impose noise disclosure on its own and must convince school district to sound insulate new schools outside of but close to 65 DNL. With a population exceeding 20,000 and over 10,000 dwelling units inside the SDIA CNEL 65, we estimate it will take 30+ years to mitigate through residential insulation. Before FAA authorizes money to be spent to mitigate aircraft noise issues beyond CNEL 65, perhaps someone should consider whether we need to re-evaluate first generation sound insulated homes and decide whether money is better spent on those closest to the source and most susceptible to injury. Some sort of participation by the FAA would be helpful outside the 65. In general, we believe the industry is opposed to mitigation beyond the 65 db DNL. Mitigating beyond the 65 db DNL would significantly increase the numbers of homes eligible for sound insulation. Consequently, this will increase the financial burden on the FAA and airport operators (local share of grants). The majority of airports (medium and small hub) do not have adequate funding or resources to complete existing noise programs within the 65 db DNL contour. Airports that successfully completed 65 db DNL mitigation programs will be required to initiate new noise programs and this would take away the limited federal funding from those airports not yet finished with their existing 65 db DNL mitigation programs. Background and other noise sources (roadways) can greatly influence noise levels in a neighborhood. Beyond the 65 db DNL, it is not a given that aircraft generated noise will remain the prime noise issue. This community has a unique program in the U.S. Full-time Airport Noise Coordinator although the city doesn’t own/operate an airport. Airports are seriously handicapped in dealing with ATCT staff if their noise abatement programs are not formal. They have told us (Authority) that they can do anything they want at this facility because we have an informal program. The airport and the local jurisdictions use policy contours not acoustic contours, adopted by ordinance, to govern land use. Areas in acoustic 60–65 within policy 65. Also facility has 18,500 acres. 65 DNL nearly on airport property. Local cities regulate areas beyond airport based on policy contours. Just Part 150 info on the number of homes/residents in the 60 to 65 DNL area and recommendations that were not adopted by the FAA in 2001. Currently undergoing Noise Study. Most issues outside of 65. Use of alternative metrics; community extensive role. Very difficult on consensus due to shifting of noise. A lot of our noise complaints occur during flight changes due to runway closures. Also, aircraft approaching the runways will follow ILS procedures until they get visual contact of the runway and
- 101. 93 drop their elevationby 2000 feet over the community. We are working with the ATCT to try to eliminate this procedure. Currently we have no formal program for addressing noise outside of the 65 DNL. We are trying to keep the lines of communications open. We do offer the following on a limited basis: 1) Open the Noise Model Home to general public for noise mitigation ideas. 2) Will be putting together a “Tips on” flyer handout for hiring contractors and home mitigation. 3) The local municipality is considering a community-wide property reassessment. We are in current discussions for the potential for “Grandfathering” homes in the 60–64 DNL from being reassessed or freeze them at the current value for 10–20 years. That commitment may or may not be approved. Airport uses pre-ANCA noise contours; Actual 65 on airport property, which would invite residences at fence; local jurisdictions adopted policy contours and understand benefits to continued use until pressure from developers caused the cities to request new noise contours; updated contours in process now. The expert studies that were developed and presented in court as part of the litigation related to mitigation beyond the 65 DNL contour at MSP.
- 102. 94 APPENDIX C Case Study:Dallas/Ft. Worth International Airport AIRPORT BACKGROUND meet its FAA Grant Assurances obligation to protect lands in the airport environs from incompatible development. DFW is Dallas/Ft. Worth International Airport (DFW) first opened to currently under pressure from local municipalities to update its traffic on January 13, 1974. It is jointly owned by the cities of policy contours to reflect actual (current) noise conditions, and Dallas and Fort Worth and is operated by the DFW Airport has committed good faith efforts to provide this noise con- Board. DFW covers more than 29.8 square mile (18,076 acres), tour update by January 2009. An important question remains and now has seven runways (Figure C1) (Much of the infor- whether local jurisdictions will adopt updated noise contours mation in this case study came directly from DFW’s Noise for land use planning purposes, which will no doubt result in Compatibility Office, specifically its memorandum entitled noise-sensitive development closer to DFW. “Mission Relevance,” February 18, 2008.) DFW had 685,491 operations in 2007, making it the third busiest airport in the world based on operations; with 59,786,476 passengers in OPERATIONAL MEASURES 2007, it was also the seventh busiest based on passengers DFW has two operational noise abatement measures: (1) a [“Facts about DFW” http://www.dfwairport.com/visitor/index. Preferential Runway Use Plan, and (2) Area Navigation Flight php?ctnid=24254 (accessed Sep. 8, 2008)]. Procedures (RNAV). Aircraft noise was not a serious community issue prior to The DFW Runway Use Plan was developed following the the launch of DFW’s Airport Development Plan in 1987. In 1992 Final EIS for two proposed runways and other capacity 1990, an Environmental Impact Statement (EIS) for the build- improvements (FEIS Section 4.5.1.1 and ROD Chapter 4). ing of two new runways and redevelopment of terminals was The Preferential Runway Use System identified in that plan released. Neighboring cities challenged DFW Airport on zon- “provides a hierarchical rating of runway use for arrivals and ing authority; court tests ensued on the EIS. In 1992, the FAA departures by aircraft type.” This system is used under typical issued a favorable Record of Decision (ROD), approving operations conditions and during typical operating hours; addi- Runways 16/34 East and West. Three cities filed suit to chal- tional stipulations are applied during late night hours (10 p.m. lenge DFW’s expansion in state and federal courts. In 1993, to 7 a.m.) (Runway Use Plan 1996). The preferential runway the Texas Legislature passed Senate Bill 348 reaffirming that use plan for turbojet aircraft is shown in Table C1. DFW is exempt from local zoning ordinances; the U.S. Court of Appeals ruled in favor of DFW on the EIS lawsuit, and At DFW, the FAA has replaced conventional departure DFW held the ground breaking for Runway 16/34 East. The procedures, which rely on controller instructions and vector- ROD on the 1992 Final EIS tasked the Airport to “implement ing, with RNAV departure procedures. RNAV relies on pre- an extensive noise mitigation program . . . to mitigate for the programmed routing and satellite navigation. Deployment of increased noise levels to residences and other noise-sensitive RNAV at DFW contributed to FAA’s nationwide implemen- uses.” In particular, the ROD required DFW to establish a tation strategy to develop more precise and efficient arrival noise and flight track monitoring system to assure communi- and departure procedures at U.S. airports enhancing airspace ties that noise would not exceed predicted levels. efficiency and safety, reducing air emissions, and reducing delays. DFW was one of the first airports in the nation to use NOISE COMPATIBILITY PROGRAM this departure technology. DFW has never conducted a formal Part 150 study; neverthe- According to the Air Transport Association, RNAV tech- less, DFW has a comprehensive noise abatement program, nology increases the number of aircraft departures handled at which includes operational procedures [most notably prefer- DFW by approximately 14%. RNAV Departure Procedures ential runway use program and RNAV (area navigation) pro- can be accommodated generally within existing flight corri- cedures], land use measures (preventive land use planning as dors and using existing approved headings. The use of RNAV well as mitigation for limited areas), and outreach (a state-of- reduces the overall number of population over-flown. RNAV the-art noise and flight track monitoring system, and public departure corridors are compressed, which concentrates outreach facilities). large volumes of aircraft activity over relatively small areas. RNAV effects on DFW’s departure patterns are illustrated Arguably, the most important element of DFW’s noise pro- in Figure C2. Ninety-five percent of DFW’s turbojet fleet gram is the adoption of “noise policy contours” and diligence was equipped to fly the RNAV procedures by 2007. The on the part of DFW Noise Compatibility Office (NCO) staff to FAA estimates an $8.5 million annual savings with the new
- 103. 95 FIGURE C1 Dallas/FortWorth International Airport and environs. procedures, resulting from reduced delays and increased departure throughput (Marion Blakley, Aviation Today, May 11, 2007). Land Use Measures Built on a greenfield site, there was little noise-sensitive devel- opment surrounding DFW when it opened. At the time of DFW’s opening, the North Central Texas Council of Govern- TABLE C1 DFW PREFERENTIAL RUNWAY USE SYSTEM FOR TURBOJET AIRCRAFT (6:00 A.M. TO 10:59 P.M.) FIGURE C2 Comparison of conventional departure flight tracks Flow Type of Activity Rating East West with RNAV departure flight tracks. Airfield Airfield South Arrivals 1st 17C 18R ments (NCTCOG) developed a forecast set of DNL contours for future 1985 activity (Figure C3). These contours have been 2nd 17L 13R used over the years as “policy contours” and serve as an impor- tant factor in minimizing and preventing incompatible land use 3rd 17R 18L from developing around DFW. Departures 1st 17R 18L The NCTCOG contours established the following zones 2nd 17C 18R (see Table C2): 3rd 17L DFW’s NCO takes a number of actions to implement its North Arrivals 1st 35C 36L responsibilities to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and pur- 2nd 35R 36R poses compatible with normal airport operations. Specifi- cally, the NCO: 3rd 31R 4th 35L • Reviews weekly the meeting agendas for ten local cities surrounding DFW for potential incompatible land Departures 1st 35L 36R use proposals and takes proactive measures to influ- ence local city decisions to ensure compatible land use 2nd 35C 36L development; 3rd 35R • Recommends measures to convert incompatible land use(s) to a compatible land use by means of structure
- 104. 96 FIGURE C3 DNL contours for 1985 operations at DFW (as projected in 1971). sound attenuation, avigation easements, and public dis- mated 300% to an average of 746 units per year. Devel- closure requirements. Nearly 4,600 residential units, opments proposed in the Southlake area are shown in 11 churches, and two schools have been made compat- Figure C4; NCO commented on each of these. ible with airport operations during the past ten years; 76% of which occurred in the past four years. Monitoring and Outreach Measures • Commented on proposed incompatible developments over the first 5 years of the past decade involving an Relationships with local communities became contentious average of 173 units or parcels per year. In the last five during and following DFW’s 1992 Final EIS, and the con- years development pressures have increased by an esti- struction of the eastern-most north/south runway. DFW man- TABLE C2 NOISE–LAND USE PLANNING COMPATIBILITY GUIDELINES ESTABLISHED BY NCTCOG Zone Noise Level (DNL) Comment C >75 Non-compatible development restricted B 65–75 Non-compatible development permitted, with modifications (acoustic treatment) A <65 No restrictions NCTCOG = North Central Texas Council of Governments.
- 105. 97 FIGURE C4 Southlake land use proposals acted on by the DFW Noise Compatibility Office. agement designated the NCO the community liaison to restore ested audiences, large and small. This graphic capabil- trust and reestablish credibility. The following tools are respon- ity has proven, over time, to be a premier tool in further- sive to this declared responsibility: ing community and stakeholder education, outreach, demonstrating transparency, and restoring credibility in • DFW instituted several community forums and out- the context of DFW meeting its Final EIS noise-related reach programs pursuant to the above referenced legis- mandates. lation and responsive to the provisions embodied in the • DFW NCO staff often use noise and flight track data 1992 Final EIS. to inform communities about proposed modifications in • DFW’s Noise Center (Figure C5) was established with flight track corridors and application of new technology aircraft noise and flight track displays. This NCO func- [e.g., RNAV]. tion provides “real time” data presentations to inter- • DFW NCO tracks and responds to its Noise Complaint Hotline; since 1999, noise complaints have dropped an average of 20% per year (Figure C6). • DFW has developed a number of informational brochures and reports, including: Runway Use Plan, Noise Mon- itoring Brochure(s), and related informational take- away(s). SUMMARY OF PROGRAM MEASURES OUTSIDE DNL 65 The most recent DNL contours for DFW were prepared in 2002 for the Environmental Assessment of RNAV proce- dures. Those contours show that the 65 DNL noise contour of 2002 is almost entirely within the airport property boundary. Figure C7 presents a comparison of DNL 65 contours at DFW FIGURE C5 DFW Noise Compatibility Center. over time, including: NCTCOG contours prepared in 1971
- 106. 98 FIGURE C6 DFW Noise Complaint Trends, 1995–2007. FIGURE C7 Comparison of historic DNL contours at DFW.
- 107. 99 (for 1985 futureoperations—the policy contour); 1992 con- depicted on the policy contour is well outside the DNL tours prepared for the Final EIS, and 2002 contours prepared 65 noise contour based on an acoustic contour of today; for the RNAV Environmental Assessment. hence, DFW protects a substantial amount of land in its environs that is outside of the current 65 DNL. As a result, most of DFW’s noise program is focused on • A state-of-the-art monitoring system to track noise levels areas outside DNL 65, including: over time. • Operational procedures to minimize noise in neighbor- One of the biggest challenges currently facing the airport is hoods surrounding the airport: FAA has implemented the continued application of policy contours for land use plan- precision navigation procedures for departure using ning that do not reflect acoustic reality. DFW has committed to RNAV; this is estimated to improve efficiency and update noise contours by 2009. An important question remains reduce noise in some areas—all outside DNL 65. whether local jurisdictions will adopt updated noise contours • Policy contours that limit noise-sensitive development for land use planning purposes, which will no doubt result in in non-compatible areas. The DNL 65 noise contour as noise-sensitive development closer to DFW.
- 108. 100 APPENDIX D Case Study:Naples Municipal Airport BACKGROUND 24-hour ban on non-emergency Stage 1 jet operations. In March 1999, the FAA approved this measure. The implemen- In 1942, the city of Naples and Collier County, Florida, leased tation of this measure essentially eliminated any population land to the U.S. government for construction of the Naples within the DNL 65 dB contour. Airdrome. After World War II, the field was returned to the city and county; they operated the airport jointly until 1958 Despite diligent—and successful—NAA efforts to imple- when the county sold its interest to the city. In 1969, with the ment the approved measures, including the Stage 1 ban, the facility operating at a loss, the Florida Legislature created NAA continued to receive community pressure regarding the Naples Airport Authority (NAA) to independently operate noise exposure. In August 1999, the NAA initiated a Part 161 the airport. The NAA was given no taxing authority and has study to identify potential operational restrictions that would operated the Naples Municipal Airport (APF) at a profit with be appropriate for addressing these community concerns. income from airport users and state and federal grants. The Part 161 study determined that Stage 2 jets were the Today, APF operates as a certificated air carrier airport with principal source of the noise impact that caused community 130,917 operations in 2007. This includes one commercial air concern; Stage 2 jet operations were more than 25 times more taxi service (Yellow Air Taxi), flight schools, fire/rescue ser- likely to cause noise complaints than Stage 3 operations and vices, car rental agencies, and other aviation and non-aviation nearly 250 times more likely to cause noise complaints than businesses. propeller operations. Even more importantly, the analysis indicated that individual Stage 2 operations were more than APF is surrounded by residential land use (see Figure D1), 50 times more likely than Stage 3 jets to cause multiple citi- but there are no residential or other noise-sensitive properties zens to complain (and more than 800 times more likely than within the DNL 65 dB contour. Nevertheless, aircraft noise propeller aircraft to do so). The number of people estimated to live within the 60 dB DNL contour if there were no restrictions remains a serious issue and concern for the NAA. The policies in 2000 was about 1,400; a 24-hour ban on Stage 2 operations and programs APF has developed to address noise outside would reduce this to approximately 130. The Part 161 study Day–Night Average Sound Level (DNL) 65 is the focus of was published in June 2000 and recommended the total ban on this case study. Stage 2 aircraft operations as the most reasonable and cost- effective measure to minimize incompatible land use. On Jan- NOISE COMPATIBILITY PROGRAM uary 1, 2001, the Stage 2 restriction went into effect. In 1987, the NAA conducted its first FAR Part 150 study, Following publication of the Part 161 study a complicated which recommended six noise control measures that were ulti- series of events unfolded, which ultimately resulted in the find- mately implemented. In 1989, an “Airport High Noise Special ing that the Stage 2 ban was permissible; these are summarized Overlay District” was established that required rezoning for in Table D1. any new development or significant redevelopment of land within the 65 dB DNL contour. APF is the only airport with an FAA-approved FAR Part 161 study. For the purposes of this ACRP Synthesis, In February 1997, the NAA submitted a revised Part 150 the most relevant aspect of the APF Part 161 Study is the submission to the FAA, which adopted DNL 60 dB as its establishment—and legal determination—of DNL 60 dB as threshold of compatibility for land use planning (described a threshold of residential land use compatibility, described later). The FAA approved 14 of 15 measures, including noise here. abatement measures—such as preferential flight tracks and runway use, and maintenance run-up procedures; land use Operational Measures measures—such as compatible zoning districts and compre- hensive plan elements; and continuing program measures— APF uses flight tracks and procedures to minimize noise effects such as a noise officer, noise committee, and recurring noise on surrounding communities. APF’s flight tracks have received monitoring. Perhaps most importantly, the FAA approved a formal FAA approval and are implemented by air traffic ban on non-emergency night operations in Stage 1 jet aircraft. controllers. APF has also developed informal Visual Flight Rules noise abatement procedures; the noise metrics used In February 1998, the NAA submitted a second Part 150 to evaluate these procedures have varied, and include: DNL, update to the FAA. That update included a single measure: a Sound Exposure Level (SEL) and Time Above, Continuous
- 109. 101 FIGURE D1 General location of Naples Municipal Airport (APF). Equivalent Sound Level (Leq), and Maximum A-weighted as the threshold of incompatibility, and the 65 Ldn contour Sound Level (Lmax). APF reported that both flight tracks and does not contain any incompatible uses in the revised 2001 NEM which includes the noise abatement alternatives. How- procedures are somewhat effective at reducing aircraft noise ever, it is important to create a buffer of compatible land use and complaints from noise-sensitive communities. These around the Airport. As such, another standard should be des- procedures have been developed and refined through FAR ignated by the local land use planning agencies to ensure Part 150 processes. that residential and noise sensitive uses are not developed too close to the Airport. One possible standard is the 60 Ldn contour. Land Use Measures Figure 13 depicts the 60 Ldn contour for the revised NEM Most noise and land use compatibility studies, in conformance including the noise abatement measures. Applying the land with the guidelines of FAR Part 150, use 65 dB DNL as the use compatibility guidelines normally used for the 65 Ldn contour to this 60 Ldn contour should create an adequate area determinant of compatibility—all noise-sensitive land uses, of compatible land use. such as residential areas, are considered compatible with air- craft noise exposure less than 65 dB DNL. However, the 1996 APF Part 150 study and the associated Noise Compatibility Summary of City Land Development Policy Program (NCP) found that no noise-sensitive land uses would History Within the Noise Zone lie within the 65 dB DNL contour. Consequently, the FAR Part 150 study provided the 60 dB DNL contour, Figure D2, and The city’s Comprehensive Plan contained specific information recommended that zoning be used by the city of Naples and regarding rezoning of areas affected or potentially affected by Collier County as a preventive measure to preclude the devel- the airport for the first time in 1984. In 1989, the city updated opment of incompatible uses in the vicinity of the airport. the Comprehensive Plan to establish an Airport High Noise Specifically, the study recognized that although both FAA Special Overlay District (“City Special District”), depicted in guidelines and Florida statutes, Chapter 333, encourage airport the 1989 Comprehensive Plan as the area of land exposed to compatible zoning, those guidelines applied at the 65 dB DNL noise in excess of 65 dB DNL according to the five-year fore- level. The study contained the following recommendation: cast case (1991) in the 1987 APF FAR Part 150 Study. Any applicant proposing to develop or significantly redevelop land For Naples Municipal Airport, the FAA and FDOT guidelines in the City Special District was—and is today—required to first do not apply since these guidelines use the 65 Ldn contour obtain a rezoning of the property to Planned Development. To
- 110. 102 TABLE D1 CHRONOLOGY OF EVENTS LEADING TO IMPLEMENTATION OF STAGE 2 RESTRICTION Date Event Comments June 23, 2000 NAA invitation to public to comment on proposed restriction on Stage 2 jet operations at Naples Municipal Airport June 30, 2000 Part 161 study published Notice of study availability and opportunity for comments distributed widely Nov. 16, 2000 Response to Comments published Responses provided for 36 comment categories Dec. 2000 FAA initiates enforcement action alleging NAA suspends enforcement of ban while Stage 2 ban violated Part 161 responding to FAA. Dec. 2000 National Business Aviation Association Ban upheld in federal district court, (NBAA) and General Aviation Manufacturers September 2001. Association (GAMA) sue NAA in federal court alleging the ban is unconstitutional Jan. 18, 2001 NAA meeting w/FAA staff Discuss FAA comments. FAA staff offer to work with the NAA in an informal process to resolve any agency concerns, approach to supplemental analysis. Aug. 2001 Part 161 Supplemental Analysis published Oct. 2001 FAA found that the study fully complied with the requirements of Part 161 Oct. 2001 FAA initiates second enforcement action under FAA alleges that Stage 2 ban violates the Part 16 rules which require (1) Investigation, grant assurance that “the airport will be (2) Hearing, and (3) Final Decision. available for public use on reasonable conditions and without unjust discrimination.” March 2002 NAA enforces ban Grant money withheld March 2003 INVESTIGATION: NAA appeals decision, provides responses FAA issues 94-page “Director’s to all FAA allegations Determination” that Stage 2 ban is preempted by federal law and violated Grant Assurance 22—“make airport available for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities.” June 2003 HEARING: Hearing Officer issues 56-page “Initial FAA attorney appointed as Hearing Officer and Decision” that ban not preempted, not conducts hearing on NAA appeal. unjustly discriminatory, but was (1) unreasonable, (2) Part 161 compliance does not affect Grant Assurance obligations, and (3) FAA not bound by prior federal court decision [see Dec. 2000, above] July 2003 Both NAA and FAA appeal the Initial Decision Aug. 2003 FINAL DECISION: Decision: Associate Administrator issues Final Agency (1) FAA is not bound by prior federal court Decision and Order—Grant funding to be decision because FAA was not a party to withheld so long as NAA enforces Stage 2 ban. the case. 2) Compliance with Part 161 has no effect on Grant Assurance Obligations. 3) Stage 2 ban unreasonable because there is no incompatible land use problem in Naples that warrants a restriction on airport operations [because there is no incompatible land use inside 65 dB DNL]. Sept. 2003 Naples Airport Authority files petition for Petition to U.S. Court of Appeals for the review District of Columbia. June 2005 U.S. Court of Appeals for the District of Circuit Court found that it is permissible Columbia Circuit rules Stage 2 ban is for NAA to consider the benefits of the reasonable (and Grant Assurances not affected) restriction to noise-sensitive areas within 60 dB DNL. It also found that Grant Assurances do apply, but that because the ban is not unreasonable, the Grants are not affected.
- 111. 103 FIGURE D2 Forecast 2001 APF 60 dB DNL with NCP implemented. obtain the rezoning, the proposed development or redevelop- District”), added land use restrictions, and notification and ment must conform to existing zoning standards and must, sound level requirements for buildings and structures. These after specific review for this purpose, be deemed compatible requirements are contained in the county’s Land Develop- with the airport in terms of safety and noise. ment Code. In 1997, the city revised the map of the City Special District In June 1999, the NAA requested that the county adopt in the Comprehensive Plan to reflect the five-year forecast case the five-year forecast case (2003) 60 dB DNL contour from (2001) 60 dB DNL contour from the 1996 NEM. In February the 1998 NEM. Collier County adopted the resolution in June 2001, the city and the NAA executed an interlocal agreement 2000. That same month, the NAA requested the County to update the District and Comprehensive Plan to reflect the use the five year forecast case (2005) 60 dB DNL contour 2005 forecast case 60 dB DNL contour from the FAA- from the 2000 NEM Update for future land use planning. approved 2000 NEM update. The County updated its zoning map in December 2000 to reflect those contours. Summary of County Land Development Policy History within the Noise Zone City and County Development Application Processes In June 1986, Collier County developed zoning maps indicat- In May 2001, NAA staff met with city and county planning, ing aircraft noise boundaries. In 1987, the Collier County zoning, and building department staffs to review the processes planning department began referencing standards for sound that they follow on a day-to-day basis to identify development control. In October 1991, Collier County approved Ordinance applications for properties located in the City Special District 91-102 that redesigned aircraft noise zones using the five-year and the County Special District. As discussed earlier, both of forecast case (1991) 65 dB DNL contour (“County Special these overlay districts are based on 60 dB DNL contours.
- 112. 104 For the city, any applicant proposing development in the meet regularly to review the Airport Noise Abatement City Special District must submit a General Development Site Program and make appropriate recommendations to Plan that provides the City Council and staff the opportunity to airport staff and the authority. All Noise Compatibility consider the compatibility of the proposed development with Committee members are local residents and volunteers the airport. This review process also provides city staff with who donate their time and expertise to help maintain the opportunity to ensure consistency with the Comprehensive a high quality of life in Naples. The Committee meets Plan and Zoning Code. quarterly. • APF also produces quarterly noise reports, which pro- The County Special District is incorporated directly in the vide data on aircraft operations and noise complaints. Zoning Code, which provides applicants and county staff the • APF has an extensive website (http://www.flynaples. ability to readily identify whether proposed development is com/Noise%20Abatement%20Office%20index.htm), located in the County Special District. As part of the county which provides information on noise abatement proce- staff’s review of the development application, staff considers dures, the portable noise monitoring program, aircraft whether the applicant has included necessary information noise terminology, quarterly noise reports, online com- to ensure compliance with the noise compatibility standards plaint form, and other noise-related topics. identified in the Land Development Code (i.e., land use restric- tions, notifications, and sound insulation). In November of 2000, the NAA Board of Commissioners adopted a Noise Abatement Award Program for operators, ten- ants, or transient flight crews that continually operate or work Monitoring and Outreach Measures toward furthering the airport’s Noise Abatement Program. APF does not have a permanent noise and operations moni- toring system. However, it does monitor noise and operations SUMMARY OF PROGRAM MEASURES through the following: OUTSIDE DNL 65 • As part of the implementation of the 1996 NCP Study, There are no residential or other noise-sensitive land uses NAA purchased two portable noise monitoring field kits, inside the DNL 65 contour at APF. As a result, the entire noise which have allowed staff to conduct portable monitoring program is devoted to addressing noise outside DNL 65, which in the communities that surround the airport. The two includes: main objectives of this program are to provide the public with useful, understandable, and geographically repre- • Operational measures such as noise abatement flight sentative information on long-term noise exposure pat- tracks and procedures, as well as ground noise control, terns, and to answer community questions with regard to and a use restriction that prevents Stage 1 or Stage 2 air- levels of noise in their areas with solid reliable data. craft from operating at APF. • APF has an online flight tracking program on the home- • Land use measures, most notably the adoption—and page of its website; the program shows real-time flight implementation by local authorities—of DNL 60 as the tracks and aircraft information for the entire country, as threshold of compatibility with residential land use. well as archives of that data for three months. • Monitoring of noise and operations using technology that is appropriate to the size of the airport. APF also has an extensive public outreach program, • Extensive public outreach, including a Noise Compati- including: bility Committee, Quarterly Noise Reports, public web- site, and Noise Abatement Awards. • In 1997, an Airport Noise Compatibility Advisory Com- mittee was established. This Committee’s nine members APF has just initiated another update of its Part 150.
- 113. Abbreviations used withoutdefinitions in TRB publications: AAAE American Association of Airport Executives AASHO American Association of State Highway Officials AASHTO American Association of State Highway and Transportation Officials ACI–NA Airports Council International–North America ACRP Airport Cooperative Research Program ADA Americans with Disabilities Act APTA American Public Transportation Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATA Air Transport Association ATA American Trucking Associations CTAA Community Transportation Association of America CTBSSP Commercial Truck and Bus Safety Synthesis Program DHS Department of Homeland Security DOE Department of Energy EPA Environmental Protection Agency FAA Federal Aviation Administration FHWA Federal Highway Administration FMCSA Federal Motor Carrier Safety Administration FRA Federal Railroad Administration FTA Federal Transit Administration IEEE Institute of Electrical and Electronics Engineers ISTEA Intermodal Surface Transportation Efficiency Act of 1991 ITE Institute of Transportation Engineers NASA National Aeronautics and Space Administration NASAO National Association of State Aviation Officials NCFRP National Cooperative Freight Research Program NCHRP National Cooperative Highway Research Program NHTSA National Highway Traffic Safety Administration NTSB National Transportation Safety Board SAE Society of Automotive Engineers SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (2005) TCRP Transit Cooperative Research Program TEA-21 Transportation Equity Act for the 21st Century (1998) TRB Transportation Research Board TSA Transportation Security Administration U.S.DOT United States Department of Transportation