[Federal Register Volume 65, Number 136 (Friday, July 14, 2000)]
[Notices]
[Pages 43802-43824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17784]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: 30109]


Aviation Noise Abatement Policy 2000

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed policy document, Request for comments.

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SUMMARY: In 1976, the Department of Transportation published its 
Aviation Noise Abatement Policy, which provided a course of action for 
reducing aviation noise impact. The principles contained in that 
document and subsequent legislative and regulatory action have resulted 
in a dramatic reduction in the number of Americans adversely exposed to 
aviation noise.
    The changes in transportation use, public expectations, and 
technology warrant a review of the policy, which the Department is now 
undertaking. In particular, the Department is considering issuing a 
revised policy statement, which may extend to all forms of 
transportation noise, in order to provide direction to its efforts over 
the next 25 years.
    Although the 1976 policy document was signed by the Secretary of 
Transportation and the Administrator of the Federal Aviation 
Administration, the future document will be divided into two parts: 
first, the Secretary will publish a policy statement broadly addressing 
noise concerns. Based on this policy statement, the FAA Administrator 
will issue aviation noise policy guidelines.
    The issuance of this draft document on aviation noise abatement 
represents a first step in a process to develop an aviation noise 
policy. It is intended to stimulate ideas that will result in comments 
to the public docket. These comments will be evaluated, along with 
other inputs, in the development of a comprehensive policy statement 
and guidance document.
    This proposed FAA policy document reaffirms and incorporates the 
major tenets of the 1976 Aviation Noise Abatement Policy and includes 
subsequent developments. It summarizes current conditions affecting 
aviation and sets forth goals, policies, and strategies for addressing 
them. This policy document also outlines the foundations and 
methodologies for assessing aviation noise, promoting research and 
development in aircraft noise reduction technology and noise abatement 
procedures, and promoting compatible usage of noise impacted lands. 
Finally, it presents a selective listing of reference materials that 
form the basis for the Federal Government's aviation noise policies.

DATES: Comments must be received on or before August 28, 2000.

ADDRESSES: Comments should be mailed in triplicate to: Federal Aviation 
Administration, Office of the Chief Counsel, Attention: Rules Docket 
(AGC-200), Docket No. [30109], 800 Independence Avenue, SW., 
Washington, DC 20591. Comments may be examined in the Rules Docket in 
Room 915G on weekdays between 8:30 a.m. and 5:00 p.m., except on 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Thomas L. Connor, Noise Division, AEE-
100, Office of Environment and Energy, Federal Aviation Administration, 
800 Independence Avenue, SW, Washington, DC 20591; telephone, (202) 
267-8933; facsimile, (202) 267-5594.

SUPPLEMENTARY INFORMATION: Interested persons are invited to 
participate by submitting such written data, views, or arguments as 
they may desire. Comments should identify the regulatory docket or 
notice number and should be submitted in triplicate to the

[[Page 43803]]

Rules Docket address specified above. All comments received on or 
before the specified closing date for comments will be considered by 
the Administrator before taking action on this proposed policy. The 
proposals contained in this notice may be changed in light of comments 
received. All comments received will be available, both before and 
after the closing date for comments, in the Rules Docket for 
examination by interested persons. A report summarizing each FAA public 
contact concerned with the substance of this document will be filed in 
the docket. Commenters wishing the FAA to acknowledge receipt of their 
comments submitted in response to this notice must include a 
preaddressed, stamped postcard on which the following statement is 
made: ``Comments to Docket No. xxxxx.'' The postcard will be date 
stamped and mailed to the commenter.

    Issued in Washington, DC on July 7, 2000.
James D. Erickson,
Director of Environment and Energy.

FAA Aviation Noise Abatement Policy 2000

Section 1: Introduction

    The first comprehensive aviation noise abatement policy was issued 
by the Secretary of Transportation and the Administrator of the Federal 
Aviation Administration (FAA) on November 18, 1976. At that time, six 
to seven million Americans residing near airports were exposed to 
significant levels of aircraft noise--defined by FAA as those areas in 
which noise levels are Day-Night Average Sound Level (DNL) 65 dB or 
higher. Aircraft noise had become a growing problem in the 1960's with 
the introduction of jet aircraft and the rapidly increasing number of 
commercial aircraft operations in the United States. Aircraft noise, 
and its adverse impacts on residential and other noise sensitive land 
uses, was recognized as a major constraint on the further development 
of the aviation system, threatening to limit the further construction 
and expansion of airports and ground access to them. The 1976 Policy 
outlined a national effort under Federal leadership to reduce aircraft 
noise, with aircraft noise source reduction being a key component of 
the policy.
    The 1976 Policy has been highly successful. It has guided actions 
over a period of almost 25 years that have substantially reduced 
aviation noise and its impacts. By the year 2000, the FAA estimates 
that there will be about 500,000 Americans exposed to significant 
levels of aircraft noise--down substantially from the six to seven 
million people exposed in 1976. Even as noise has been so dramatically 
reduced, the national aviation system, including the airport component 
of that system where aircraft noise is the most severe, has grown 
significantly in this last quarter of the century.
    As we stand at the threshold of the 21st century, the achievements 
realized from the 1976 Policy provide a solid foundation for the 
future. The successive phaseouts of Stage 1 and Stage 2 aircraft are 
responsible for the larger component of the considerable success in 
reducing noise levels around the airports. With all civil turbojet 
aircraft heavier than 75,000 pounds now Stage 3 compliant, the most 
severe aircraft noise will be limited to within or very near the 
airport boundaries. The long-term outlook beyond 2000 is for a 
generally stable situation with respect to noise contours around 
airports, followed by further reduction as the result of advances in 
noise abatement technology and the replacement of hushkitted Stage 3 
airplanes by built--as Stage 3 airplanes. One of the cornerstones of 
the FAA's year 2000 aviation noise abatement policy is the continuation 
of aircraft source-noise reduction. The FAA is aggressively pursuing a 
variety of approaches, including source noise abatement technologies, 
with the goal of substantially reducing community noise exposure. In 
late 1999, the Secretary of Transportation supported this effort by 
announcing as one of his flagship initiatives the need for more 
stringent aircraft noise standards. The initiative states ``Promote the 
development of international certification noise standards for turbojet 
airplanes that will be more stringent than the current Stage 3 
standards; and, develop models to assess new noise abatement 
technologies that will encourage introduction of quieter planes.''
    The 21st century will offer opportunities for additional noise 
reduction not only from its source, through improved aircraft design, 
but also from other technological advances. New tools such as Global 
Positioning System (GPS) technology, which will be used for greater 
safety and efficiency of air transportation, will also be used to 
mitigate noise by keeping aircraft tightly within their designated 
noise corridors. Noise abatement flight procedures are constantly 
evolving with advances in technology, improved aircraft design, and 
more refined airspace management procedures. State-of-the-art 
navigational technology will enable us to refine the ability to define, 
and the pilot's ability to fly, flight tracks with increased precision 
in the vicinity of noise sensitive areas.
    The continued development of aviation growth is a vital element of 
U.S. transportation, and the aviation industry is, in turn, a powerful 
generator of economic activity and jobs within communities. 
Notwithstanding anticipated technological improvements, aircraft noise 
will remain and will be a pivotal quality-of-life issue. While the 
number of Americans exposed to significant levels of aviation noise has 
been dramatically reduced since the 1976 Policy was issued, a large 
number of people still remain so impacted. Furthermore, even as 
Americans stimulate aviation growth by their increased air travel, they 
also express an ever-increasing desire for a quieter neighborhood 
environment. As significant noise around the Nation's airports is 
dramatically reduced, people will direct more attention to the lower 
but still annoying noise levels. Unless aircraft noise is addressed 
with purpose and vigor, it will likely become a potential impediment to 
the robust airport and aviation system growth and operation that will 
be needed as public demand for access to aviation services continues to 
grow.
    The FAA continues to place great emphasis on reducing the number of 
persons residing in areas of significant noise exposure around 
airports. Each airport with areas of significant noise exposure outside 
its boundary is encouraged to evaluate its current and projected noise 
levels, and to develop a program that both reduces the number of 
persons significantly impacted by noise, and prevents new noncompatible 
development from occurring. This may be accomplished through either the 
Federal voluntary airport noise compatibility planning process, with 
FAA technical and financial assistance, or through a locally-determined 
process. Community involvement is a critical part of airport noise 
compatibility planning. It serves to provide input on noise mitigation 
measures that are the most desirable to airport neighbors, while 
informing the public of the technical and reasonable limits to noise 
reduction.
    Noise relief continues to be a shared responsibility, as described 
in the 1976 Policy. The FAA and the aviation industry have the primary 
responsibility to address aircraft source noise, technological 
advances, and air traffic procedures. Airport proprietors, State and 
local governments, and citizens have the primary responsibility to 
address airport noise compatibility planning and local land use 
planning and zone. The airport operator must be

[[Page 43804]]

involved in local land use planning and control efforts on a continuing 
basis.
    The 1976 Policy encouraged airport proprietors and others to 
consult with FAA about their plans and proposals and to suggest 
innovative ways to meet the noise problem in their communities. Airport 
proprietors were encouraged to consult and review proposals to restrict 
use with airport users and the FAA before implementation. FAA advised 
airports so that ``uncoordinated and unilateral restrictions at various 
individual airports do not work separately or in combination to create 
an undue burden on foreign or interstate commerce, unjustly 
discriminate, or conflict with FAA's statutory authority.'' This policy 
foreshadowed the national noise policy announced by the Airport Noise 
and Capacity Act of 1990 (ANCA). Citing similar concerns, the Act, 
among other things, established a national program for review of 
airport Noise and access restriction proposals.
    At the time of the 1976 Policy, before the phaseout of Stage 1, 
there was limited potential for effective control of the sizeable land 
area subjected to significant noise levels. Land use solutions were to 
a large extent beyond the reach of local affected communities until 
effective aircraft source noise reduction was implemented. However, 
with the year 2000 phaseout of Stage 2, compatible land use has become 
a viable, effective, and necessary solution. With the vast reduction in 
land area that is significantly impacted by aviation noise, the major 
actions needed at the beginning of the 2000's decade to achieve and 
maintain noise compatibility around airports are land use and 
developmental actions outside the airport boundary appropriate to the 
airport's remaining and future noise.
    The Federal Government generally does not control land use--zoning 
authority is reserved to the States and their subdivisions. The FAA has 
established a compatible land use initiative program to encourage and 
guide State and local governments having land use control authority, to 
exercise that authority in a way that serves both the airport and the 
community. Jurisdictions are particularly urged to refrain from 
permitting noise sensitive land uses to develop ever closer to airports 
as the Stage 2 phaseout shrinks their noise contours. In some 
communities, it may be possible to establish a broad noise buffer 
beyond areas of significant noise exposure, between the airport and the 
community, where noise sensitive land uses would either be prohibited 
or remediated in some way. Noise buffers are subject to determinations 
of local feasibility and decisions. The FAA will respect and support 
such locally established buffers.
    Beyond the airports' environs, with responsible airspace management 
and safety being the first consideration, the FAA's goal is to design 
prospective air traffic routes and procedures to minimize noise 
consistent with local consensus. The FAA will carefully review the 
noise impact of prospective changes to air traffic routes and 
procedures on communities and, in response to requests, will consider 
alternatives to minimize noise sensitive areas as described above. 
Locations with unique noise sensitivities in national parks, national 
wildlife refuges, and other Federally managed areas merit and will 
receive special consideration as FAA manages the navigable airspace and 
evaluates aviation actions that raise noise concerns for these areas.
    The 1976 Policy initiated the first pilot program under which the 
Federal government funded up to 25 airport noise control plans a year. 
That modest beginning was expanded in the 1980's and 1990's by 
legislation and policies. By the end of the century, the FAA had issued 
Airport Improvement Program (AIP) grants for over $2.6 billion from an 
earmarked noise set-aside. Since the statutory establishment of the 
Passenger Facility Charge (PFC) program in 1990, the FAA has approved 
PFC collection at commercial service airports exceeding $1.6 billion 
for noise mitigation projects. Additional AIP funding is provided to 
mitigate the noise impact of airport expansion projects. In addition to 
these Federal administered funds, airports finance substantial noise 
mitigation with locally generated funds. U.S. Department of 
Transportation (DOT) policy on airport rates and charges identifies 
aircraft noise abatement and mitigation as an environmental cost 
recoverable through fees charged to air carriers for the use of airport 
facilities and services. All funding sources must be used responsibly 
to ensure continuing strong financial support for noise mitigation, 
including exploration of innovative financing and creative public/
private partnerships. In summary, the FAA's year 2000 aviation noise 
abatement goals are the following:
     Continue to reduce aircraft noise at its source.
     Use new technologies to mitigate noise impacts.
     Bring existing land uses into compatibility with levels of 
significant noise exposure around airports, and prevent the development 
of new noncompatible uses in these areas.
     Design prospective air traffic routes and procedures to 
minimize aviation noise impacts in areas beyond legal jurisdiction of 
airport proprietors, consistent with local consensus and safe and 
efficient use of the navigable airspace.
     Provide special consideration to locations in national 
parks and other Federally managed areas having unique noise 
sensitivities.
     Ensure strong financial support for noise compatibility 
planning and for mitigation projects.
    This document is comprised of five sections plus an appendix of 
references, with this introduction being Section 1. Section 2 is the 
heart of the policy, and outlines FAA's noise goals and policies, with 
a brief discussion of each policy element. Section 3 describes the 
legal and regulatory framework governing aviation noise and the shared 
responsibilities of all those who must act in complementary ways to 
mitigate the noise problem--government, aviation, and private citizens. 
Section 4 presents the FAA's' methods and standards for measuring and 
assessing noise impacts, which are derived from scientific research and 
a series of Federal interagency committee reviews. Section 5 provides 
greater detail on aircraft source noise reduction, history, research, 
and future prospects.
    As stated previously, the 1976 Policy has served the nation well. 
This comprehensive update to that Policy seeks to build upon ANCA and 
meet the challenges of the first part of the 21st century. It is a task 
that must be shared by government at all levels, by the aviation 
industry, and by citizens. Solutions depend on technological advances, 
solid airport noise compatibility programs, strong land use 
commitments, noise-responsible airspace management, and adequate 
financial resources.

Section 2: Goals and Policies

    This section is the heart of the Aviation Noise Abatement Policy. 
It outlines FAA's noise goals and policies, and provides a brief 
discussion of each element. This policy fully incorporates and 
amplifies, clarifies, and supplements the 1976 Policy, based upon our 
experience and changing needs.

2.1  Aviation Noise Goals

    Since it was issued, the 1976 Policy has successfully guided 
actions on civil aviation noise in the United States. To keep pace with 
changing technology and the projected growth in aircraft operations, 
the FAA must set realistic and achievable aviation noise goals, and

[[Page 43805]]

develop new policies to support the safety and efficiency of the 
National Airspace System (NAS) while seeking to minimize the adverse 
impacts of aviation noise on people and the environment. Building on 
past successes in the area of aviation noise, the FAA's goals are to:
Goal 1: Continue to reduce aircraft noise at the source
    The successive phaseouts of noisier Stage 1 and Stage 2 aircraft 
have been largely responsible for the considerable reduction in the 
number of persons exposed to significant levels of aircraft noise in 
the United States. Ongoing research and development programs by FAA, 
NASA, and industry to develop quieter aircraft, combined with 
regulatory action by FAA will result in achievable future reductions in 
the number of persons exposed to significant levels of aircraft noise.
Goal 2: Use new technologies to mitigate noise impacts
    New technologies bring with them the challenge to integrate noise 
planning and mitigation into their deployment. GPS, automated flight 
guidance, free flight, and other innovations will all be examined for 
their potential to mitigate noise impacts while improving safety and 
efficiency.
Goal 3: Encourage development of compatible land uses in areas 
experiencing significant noise exposure around airports, to the extent 
feasible, and prevent the development of new noncompatible uses in 
these areas
    In the year 2000, there will still be an estimated 500,000 
Americans residing in areas of significant noise exposure. A top 
priority for 2000 and beyond will be to achieve compatibility in these 
areas. It is important that there be a corresponding emphasis on 
protecting these gains by preventing new noise sensitive land uses from 
becoming established in these areas, through stronger State and local 
land use commitments. The FAA's airport noise compatibility program and 
compatible land use--have and will continue to support this goal.
Goal 4: Design air traffic routes and procedures to minimize aviation 
noise impacts in areas beyond the legal jurisdiction of the airport 
proprietor, consistent with local consensus and safe and efficient use 
of the navigable airspace
    The trend in recent decades has been a growing expectation by 
Americans of continuing environmental improvement, including a quieter 
noise environment. In the airport environs, State and local 
jurisdictions are strongly encouraged to prevent noise sensitive land 
uses from developing ever more closely to airports as noise contours 
shrink with the transition to an all Stage 3 fleet. Creating an extra 
margin of noise buffer outside significant noise exposure areas is 
possible for some communities, and locally-established buffers will be 
supported and respected by the FAA--where a community has adopted and 
implemented noise standards which are more stringent than FAA's noise 
compatibility standards, FAA will respect those local standards in its 
actions which could cause growth of the airport's noise contours, 
through appropriate mitigation actions.
Goal 5: Provide specific consideration to locations in national parks 
and other Federally managed areas having unique noise sensitivities
    The American heritage is enriched with national parks, national 
wildlife refuges, and other Federally managed areas containing 
locations with unique noise sensitivities. These locations merit 
specific noise considerations as the FAA manages the navigable airspace 
and evaluates other aviation actions.
Goal 6: Ensure strong financial support for noise compatibility 
planning and for mitigation projects
    The 1976 Policy opened the door to Federal funding of local noise 
abatement planning and programs. That modest beginning has since grown 
into a sizeable noise set aside in Airport Improvement Program funding, 
and was joined in the 1990s by the use of Passenger Facility Charges 
and more substantial contributions from airport revenues to fund noise 
mitigation. Future reliable sources of funding are vital, including the 
exploration of innovative finance programs and public/private 
partnerships to accelerate adequate financing of noise mitigation 
projects.

2.2  Aviation Noise Policies

    The seven elements comprising FAA's policies to achieve the 
aviation noise goals outlined above are as follows:
    1. The FAA will aggressively pursue the development and 
prescription of a new generation of more stringent noise standards and 
regulations in order to protect public health and welfare.
    2. The FAA will examine new operational technologies for their 
potential to mitigate noise impacts while maximizing aviation system 
efficiencies.
    3. The FAA will carefully review the noise impacts of prospective 
changes to air traffic routes and procedures and, in response to 
requests, will consider alternative actions to minimize noise impacts 
for residents of communities surrounding airports and for noise 
sensitive areas that are outside the airport proprietor's legal area of 
interest.
    4. The FAA will encourage airport proprietors, in consultation with 
airport users, local planning officials, and the interested public, to 
implement airport noise compatibility programs that will reduce 
existing noncompatible land uses around airports, and prevent new 
noncompatible uses.
    5. As requested, the FAA will assist State and local governments 
and planning agencies in establishing policies and practices to 
minimize noise sensitive land uses around airports, including locally 
determined buffers outside areas of significant noise exposure.
    6. The FAA will take into account the specific circumstances of 
locations in national parks and other Federally managed areas with 
unique noise sensitivities in managing the navigable airspace and 
evaluating proposed FAA actions that raise aviation noise concerns.
    7. The FAA will continue strong support for noise compatibility 
planning and noise mitigation projects with financial programs under 
its jurisdiction, with airport rates and charges policy, and by 
encouraging innovative funding mechanisms including creative public/
private partnerships.

2.3  Discussion of Noise Policy Elements

    The above seven elements that together comprise the FAA's year 2000 
aviation noise abatement policy are briefly discussed by number in the 
remainder of this section.

Policy Element 1: Aircraft Source Noise Reduction

    The FAA will aggressively pursue the development and prescription 
of a new generation of more stringent noise standards and regulations 
in order to protect public health and welfare.
    Discussion: Although the reductions in noise impacted populations 
and the reductions in new noncompatible uses resulting from the airport 
noise compatibility program have been significant, over the last 
quarter century the reduction of aircraft noise at its source has 
provided the greater amount of noise relief to the public. The FAA has 
a long-standing commitment to achieve increasingly effective source 
noise reduction and, in accordance with the Secretary of 
Transportation's

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flagship initiative, is aggressively pursuing the development of even 
more stringent noise standards. In 1968, the FAA first began developing 
noise certification standards, initially for measuring and later for 
limiting aircraft source noise. These certification standards, which 
paralleled technological improvements in airplane engine design, were 
codified as 14 CFR Part 36 (Part 36). Effective December 1, 1969, Part 
36 set limits on noise emissions of large turbojet aircraft of new 
design by establishing Stage 2 certification standards. The Noise 
Control Act of 1972 (49 U.S.C. 44709, 44715) gave the FAA broader 
authority to set limits for aircraft source noise. Using this 
authority, the FAA established more stringent Stage 3 standards in Part 
36, set limits on source noise for all newly produced airplanes, and 
required in 14 CFR Part 91 (Part 91) the phaseout of Stage 1 turbojet 
aircraft over 75,000 pounds by January 1, 1985.

Stage 3 Transition

    The Airport Noise and Capacity Act of 1990 (ANCA) required the 
phased elimination of Stage 2 turbojet airplanes weighing more than 
75,000 pounds operating in the contiguous United States. After December 
31, 1999, civil turbojet airplanes over 75,000 pounds must be Stage 3 
compliant to operate within the contiguous 48 states. To bring about 
the earliest feasible reduction of noise levels, interim compliance 
deadlines of 1994, 1996, and 1998 were established in the general 
operating rules (Part 91, Subpart 1).
    The Stage 2 phaseout regulations required all operators of affected 
airplanes to report compliance progress to the FAA on an annual basis. 
The regulations also provided separate criteria for interim and final 
compliance waivers. As prescribed in the ANCA, a final compliance 
waiver could only be granted to a domestic air carrier that had 
achieved a fleet mix of at least 85 percent Stage 3 airplanes by July 
1, 1999--no waiver may extend beyond December 31, 2003. The benefits of 
the Stage 3 transition will continue to accrue after completion of the 
Statutory compliance process. Newly manufactured Stage 3 aircraft are 
quieter than their predecessors, and significantly quieter than older 
hushkitted Stage 3 airplanes. Even with substantial growth in 
operations, noise contours around many U.S. airports will continue to 
shrink as hushkitted and older Stage 3 airplanes reach the end of their 
service lives and are replaced by newer airplanes.

Source Noise Research

    In early 1992, the FAA and NASA began co-sponsorship of a multiyear 
program focused on achieving significant advances in noise reduction 
technology. In October 1992, Congress reinforced this effort by 
mandating that the FAA and NASA jointly conduct an aircraft noise 
reduction research program with the goal of developing technologies for 
subsonic jet aircraft to operate at reduced noise levels. The goal of 
this program is to identify noise reduction technology to reduce the 
community noise impacts of future subsonic airplanes by 10 dB (relative 
to 1992 technology) by the year 2001. Based on the progress in this 
program and in fulfillment of its legislative mandate, the FAA plans to 
amend aircraft noise standards and regulations during the first decade 
of the century to take advantage of feasible noise reduction 
technologies.
    In addition, the FAA is supporting NASA's proposal to extend the 
research program in order to reach the enabling technology goals in its 
own ``Aeronautics & Space Transportation Technology: Three Pillars for 
Success'' program. Working closely with industry, government, and 
academia, NASA has set bold goals to sustain U.S. leadership in civil 
aeronautics and space. The goals are grouped into Three Pillars: 
``Global Civil Aviation,'' Revolutionary Technology Leaps, and ``Access 
to Space.'' Included among the ten enabling technology goals of the 
program is ``Environmental Compatibility.'' Its noise goal is to reduce 
the perceived noise levels of future aircraft by a factor of two by 
2007 and by a factor of four by 2022, compared to 1995 technology. This 
effort could result in even greater aircraft source noise reductions.
    The FAA is also a major participant on an ICAO Committee on 
Aviation Environmental Protection (CAEP) technical working group that 
is formulating proposals for an increase in stringency of the 
international noise standard for subsonic jet and large propeller-
driven airplanes. The FAA plans to set new Stage 4 standards by early 
in the next century. New standards would result in a future timed 
transition to a generation of airplanes quieter than Stage 3, similar 
to source-noise reduction transitions that have been implemented since 
the 1976 Policy.

Future Supersonic Transport (SST) Airplanes

    With respect to future SST airplanes, specific noise standards have 
not yet been established. The FAA anticipates that any future standards 
for SST airplanes would be proposed so as to produce no greater noise 
impact on a community than a subsonic airplane certified to Stage 3 
noise limits. Accordingly, the Stage 3 noise limits prescribed in Part 
36 for subsonic airplanes may be used as guidelines for developing any 
future SST airplanes. This policy is consistent with Chapter 4 of the 
International Civil Aviation Organization's Annex 16, Volume 1, which 
states that Chapter 3 (equivalent to Stage 3) noise levels applicable 
to subsonic airplanes may be used as guidelines for future SST 
airplanes. Any provisions for noise certification of future SST 
airplanes will give consideration, to the extent possible, to the 
unique operational flight characteristics of future SST designs.

Policy Element 2: New Operational Technologies

    The FAA will examine new operational technologies for their 
potential to mitigate noise impacts while maximizing aviation system 
efficiencies.
    Discussion: The National Airspace System (NAS) is the 
infrastructure within which aviation operates in the United States. The 
NAS includes airports, automated flight service stations, air traffic 
control towers, terminal radar control facilities, and en route air 
traffic control centers. The FAA continually seeks to improve various 
aspects of the NAS. In 1996, the FAA began to develop a NAS 
modernization plan to define what the aviation system of the future 
would look like and how it would be implemented. This plan--termed the 
NAS architecture--is a collaborative effort between the FAA and the 
aviation community. Several NAS modernization programs have the 
potential to influence aviation noise.

GPS Augmentation

    It appears that the principal navigation system for the 21st 
century will be based upon the Global Navigation Satellite System 
(GNSS). The Global Positioning System (GPS) provides a practical 
starting point for eventual development of the GNSS, but will not 
totally satisfy all civil aviation requirements for navigation and 
landing. For use in civil aviation, augmentations are required to 
improve GPS accuracy for precision approaches, provide integrity and 
continuity for all phases of flight, and provide availability necessary 
to meet radio navigation requirements. These GPS augmentations are 
being implemented incrementally.

[[Page 43807]]

    The first augmentation being developed in the United States is the 
Wide Area Augmentation System (WAAS). The WAAS is a safety-critical 
navigation system that will provide a quality of positioning 
information never before available to the aviation community. It is a 
geographically expansive augmentation to the basic GPS service. The 
WAAS improves the accuracy, integrity, and availability of the basic 
GPS signals. When fully implemented, this system will allow GPS to be 
used as a primary navigation system from departure through Category I 
precision approach. The wide area of coverage for this system includes 
the entire United States and portions of Canada and Mexico. WAAS will 
be deployed in phases. The final operating capability will satisfy 
enroute through Category I precision approach capability requirements 
for using GPS/WAAS as the only radio navigation aid.
    Another augmentation to the GPS signal being developed in the 
United States is the Local Area Augmentation System (LAAS). The LAAS is 
intended to complement the WAAS. Together, the two systems will supply 
users of the NAS with seamless satellite based navigation for all 
phases of flight. In practical terms, this means that at locations 
where the WAAS is unable to meet existing navigation and landing 
requirements, the LAAS will fulfill those requirements. The LAAS will 
meet the more stringent Category II/III requirements that exist at 
selected locations throughout the United States. The LAAS will be 
implemented in stages, with full completion expected in 2006.
    When fully implemented, these WAAS and LAAS enhancements to the GPS 
will permit greater precision in directing aircraft operations than 
currently is available. The FAA anticipates that this increased 
precision will permit the refinement of procedures, particularly 
airport approaches and departures, to abate aircraft noise and minimize 
exposure levels in noise sensitive areas.

Automated Flight Guidance

    Automated flight guidance capabilities have steadily increased and 
improved with time. Air carrier crews now routinely use autoflight 
features that are operational during takeoff and landing. An Auto 
Flight Guidance System (AFGS) includes features such as an autopilot, 
autothrottles, displays, and controls that are interconnected in such a 
manner as to allow the crew to automatically control the aircraft's 
lateral and vertical flight path and speed. A flight management system 
(FMS) is sometimes associated with an AFGS. An FMS is an integrated 
system used by flight crews for flight planning, navigation, 
performance management, aircraft guidance and flight progress 
monitoring. Some aircraft now have automated features identified for 
operations specifically at low altitudes--for noise abatement--which 
when used, contribute to performance, workload, cost, noise, and safety 
benefits. Such features are certificated on the aircraft by either type 
certification or supplemental type certification.

Free Flight

    The introduction of technologies such as GPS and Auto Flight 
Guidance allows the future NAS Architecture to be built on a concept of 
air traffic management called ``free flight.'' This concept is 
predicated on greater sharing of information between pilots and air 
traffic controllers to facilitate air traffic management. It is 
designed to permit aircraft operators to select their own routes as 
alternatives to the published preferred instrument flight rule (IFR) 
routes, thereby removing the constraints currently imposed on these 
users. By providing increased controller-planning support through 
decision support tools, pilots will be permitted to select the most 
direct, cost-effective routes between takeoff and landing. As traffic 
density increases however, the free flight concept calls for structured 
flow. The same tools that provide flexibility en route and in low-
density traffic areas will also help ensure the most efficient flow 
within a highly structured airspace such as a terminal area.
    Free flight is being implemented incrementally. Many of the tools 
necessary to achieve free flight are currently available; others are 
still being developed. Enhanced satellite navigation will significantly 
enhance free flight capability. Full implementation will occur as 
procedures are modified and technologies become available and are 
acquired by users and service providers. The dispersal of aircraft at 
higher altitudes because of free flight can reduce lower-level noise 
exposure on the ground. At lower altitudes, such as when approaching 
and departing airports, it would normally be more desirable to 
concentrate flights (and noise) over those areas least sensitive to 
noise rather than dispensing the aircraft. Here, free flight's 
technology may also have applicability to landing, takeoff, and lower 
altitude flight tracks, by safely concentrating aircraft into narrowly 
defined corridors which have been protected from noise sensitive 
development and helping them to avoid the more noise sensitive land 
areas.

Policy Element 3: Air Traffic Procedures

    The FAA will carefully review the noise impact of prospective 
changes to air traffic routes and procedures and in designing these 
changes will consider actions to minimize noise impacts for residents 
of communities surrounding airports and for noise sensitive areas that 
are outside the airport proprietor's legal area of interest consistent 
with safety, efficiency, and local consensus.
    Discussion: By law, the FAA has the sole authority to establish 
flight operational procedures and to manage the air traffic control 
system and navigable airspace in the United States. The FAA is 
responsible for evaluating actions under the National Environmental 
Policy Act (NEPA). The FAA's environmental goal is to make and 
implement air traffic decisions that minimize the noise and other 
environmental impacts on residential and other noise sensitive areas, 
consistent with the highest standards of aviation safety and the need 
for effective and efficient air traffic management. FAA's Community 
Involvement Policy ensures that FAA will seek and consider community 
input before making decisions that affect the public. This policy 
emphasizes active, early, and continuous communication with affected 
members of the public throughout the NEPA process.

Airspace Changes

    The basic structure of the airspace has not changed appreciably 
over the last ten years. However, in that decade aircraft, navigation 
aides, and technology in general have advanced by several generations. 
Free flight has been established as the key direction for the evolution 
of the NAS. Airspace is a major component of the free flight concept. 
These advances create the need to redesign the airspace to meet 
evolving needs. Changes in airspace configuration, architecture, or 
structure will have implications for air traffic control, air traffic 
management, the user community, and the environment.
    The FAA's policy is to ensure appropriate consideration of noise 
impacts in decisions on airspace changes, together with safety, 
technical, and economic factors. The FAA has developed the Integrated 
Noise Model (INM), a computerized modeling tool widely used by the 
civilian aviation community for evaluating aircraft noise impacts in 
the airport environs. The FAA is developing the Noise Integrated 
Routing System (NIRS), a computerized

[[Page 43808]]

research tool for assessing the environmental impacts of air traffic 
actions beyond the airport environs, up to 18,000 feet above ground 
level (AGL). NIRS adapts the noise data and algorithms from the INM for 
use in an air traffic design system. The program requires integration 
with air traffic models which contain the routes and events used to 
assess delay, capacity, and workload. NIRS provides airspace planners 
with environmental noise screening assessments for airspace design 
changes encompassing a wide area. NIRS allows an airspace design team 
to perform noise evaluations concurrently with other modeling 
requirements. The enables the same routes, procedures and events used 
in delay/capacity analyses to be used in the related environmental 
analyses. Predicted noise levels over noise sensitive areas for both 
existing and alternative scenarios are modeled, and a change of 
exposure criteria is used to determine if the proposes action is likely 
to be controversial on environmental grounds. If controversy is 
anticipated, FAA may use NIRS to identify alternatives or mitigation. 
Whenever practicable in designing routes and procedures, the FAA seeks 
to identify and avoid environmentally sensitive areas and to minimize 
noise effects when such areas cannot reasonably be avoided.

Noise Abatement in the Airport Environs

    Most noise impacts related to air traffic procedures are in the 
airport environs where aircraft operate in the closest proximity to 
people and homes. FAA requires an environmental assessment for new or 
revised procedures which would route air traffic over noise sensitive 
areas at less than 3,000 feet above ground level (AGL).
    Where runway use, flight procedure, or air traffic changes are not 
necessary for operational reasons, but are proposed for noise abatement 
reasons, the FAA relies on airport proprietors to submit requests for 
such changes. Airport proprietors are the appropriate initiators of 
such noise abatement proposals because of the liability they bear for 
noise impacts in the airport environs. Noise abatement proposals are 
submitted to the FAA by airport proprietors in a variety of ways, 
including recommendations in airport noise compatibility programs. The 
airport proprietor and the FAA both have roles in environmental review 
and affording opportunities for public participation for proposed air 
traffic changes in the airport environs.
    FAA Advisory Circular (AC) 91.53A, Noise Abatement Departure 
Profiles (NADP), provides standards for noise abatement departure 
procedures for subsonic turbojet-powered airplanes with maximum 
certificated takeoff weights exceeding 75,000 pounds.
    The AC provides guidance for selecting the most effective 
procedures for specific airport environments, while standardizing those 
choices within a practical number of options in order to increase the 
margin of safety by superseding a growing number of unique, airport-
specific practices. AC 91-53A provides two standard departure 
procedures, one to benefit noise sensitive communities that are the 
closest to the airport, and one to benefit more distant noise sensitive 
communities. It does not mandate the selection of either the AC's 
close-in or distant NADP. Rather, it allows discretion to select either 
of the NADPs described in the AC or to use the standard NADP in 14 CFR 
25.111(a).
    In some cases, local communities seek assurance that certain air 
traffic procedures will remain in place in perpetuity for noise 
abatement reasons. Airport proprietors do not have the authority to 
make air traffic commitments for the FAA because of Federal preemption 
of airspace use and management. Airport proprietors do have the 
discretion to assure communities that they will not in the future 
request the FAA to make any procedural changes at the airport for noise 
abatement purposes that differ from the procedures at issue. Consistent 
with its policy, the FAA does not initiate noise abatement procedural 
changes absent an airport proprietor's request and would only consider 
changes on its own initiative necessary to assure the highest standards 
of safety and efficiency in the use of the navigable airspace.
    The FAA will make every possible effort to maintain noise abatement 
procedures that have the community's support. However, unforeseen 
future circumstances may render current procedures untenable for 
airspace safety and efficiency, and the FAA cannot abrogate its 
airspace responsibility in local agreements. It is also possible that 
future circumstances may render today's noise abatement procedures 
unnecessary or less desirable from a noise standpoint than alternative 
arrangements, resulting in local decisions to revisit them. Changes in 
air traffic procedures that have potentially significant noise impacts 
on communities surrounding an airport require preparation of an 
environmental assessment or impact statement.

Beyond the Airport Environs

    Beyond the airport environs, aircraft following air traffic routes 
and procedures normally do not significantly influence the noise 
environment of underlying land uses. Air traffic procedures for 
operations over 3,000 feet AGL are normally categorically excluded from 
FAA environmental assessment requirements. At the same time, in 
recognition that some actions that are normally categorically excluded 
can be highly controversial on environmental grounds, the FAA has 
developed the Air Traffic Noise Screening Model (ATNS), which allows 
air traffic specialists and planners to evaluate potential noise 
impacts from proposed air traffic changes. The ATNS can evaluate 
proposed changes in arrival and departure procedures between 3,000 and 
18,000 feet AGL for large civil jet aircraft weighing over 75,000 
pounds. Where a proposed change would cause an increase in noise of DNL 
5 dB or greater, FAA considers whether there are extraordinary 
circumstances warranting preparation of an environmental assessment.
    Where air traffic changes are not necessary for operational 
purposes, the FAA is willing in the appropriate circumstances to 
consider changes for noise abatement reasons for communities at greater 
distances from airports that are outside the airport proprietor's legal 
area of interest and already at noise levels consistent with Federal 
land use compatibility guidelines. In these cases, proposed changes 
must first be consistent with safe and efficient use of the navigable 
airspace, and also reflect local consensus. Final decisions will then 
reflect the FAA policy that operational changes made for noise 
abatement reasons must reduce the number of people affected by noise 
and the severity of the effect, without increasing noise effects in 
natural environments with unique noise sensitivities.

Overflights of Noise Sensitive Areas

    The FAA Advisory Circular 91-36C, Visual Flight Rules (VFR) Flight 
Near Noise-Sensitive Areas, identifies 2,000 feet AGL as the minimum 
recommended altitude for overflights of noise sensitive areas when 
aircraft are not landing at or taking off from an airport. It 
identifies typical noise sensitive areas to include: outdoor 
assemblies, churches, hospitals, schools, nursing homes, residential 
areas designated as sensitive by airports, and units of the National 
Park System. Consistent with aviation safety and efficiency, the FAA 
will actively assist

[[Page 43809]]

other agencies in seeking the voluntary cooperation of operators with 
regard to the 2,000 feet AGL minimum altitude advisory. This assistance 
includes proposals for regulation of low-flying fixed-wing airplanes, 
helicopters, ultralight vehicles, balloons, and gliders.

Policy Element 4: Airport Noise Compatibility Planning

    The FAA will encourage airport proprietors, in consultation with 
airport users, local planning officials, and the interested public, to 
implement airport noise compatibility programs that will minimize 
aviation noise impacts, reduce existing noncompatible land uses around 
airports, and prevent new noncompatible uses.
    Discussion: Airport noise compatibility planning is the primary 
tool used by many airport proprietors and local officials to minimize 
aviation noise impacts in the vicinity of airports. Airport noise 
compatibility planning involves an evaluation of an airport's existing 
and future noise exposure, the selection of effective measures to 
reduce noise and noncompatible land uses, and the implementation of 
those measures. The measures to be implemented are analyzed in a 
document called an airport noise compatibility program (NCP).
    The FAA has provided technical and financial support for airport 
noise compatibility planning since 1976. FAA's current program derives 
from the Aviation Safety and Noise Abatement Act of 1979 (ASNA), 
implemented through 14 CFR Part 150 (Part 150) in 1985. ASNA directed 
the FAA to establish by regulation a single system for measuring 
aircraft noise exposure, to identify land uses that are normally 
compatible with various noise exposure levels, and to receive voluntary 
submissions of noise exposure maps and noise compatibility programs 
from airport proprietors. Airport sponsors who prepare noise exposure 
maps are immune from certain future liability for noise damages. After 
preparing the map, airport operators may prepare noise compatibility 
programs. These programs contain measures that an airport operator 
plans to take to reduce existing or prevent the development of new 
noncompatible land uses in the area covered by the noise exposure map. 
Airport sponsors must consult affected parties and provide the 
opportunity for a public hearing. Airport proprietor participation in 
airport noise compatibility planning is voluntary. Over 230 airports 
are participating in the program and 193 airports have FAA approved 
NCPs in place--this includes about two-thirds of our busiest commercial 
airports.
    Airport noise compatibility planning addresses both existing and 
future aviation noise impacts. Noise exposure maps use noise contours 
to depict the extent of existing and future noise exposure within the 
community and the location of noise sensitive land uses (e.g., 
residences, schools, hospitals, churches) within the contours. 
Knowledge of future noise exposure provides a basis for long-term local 
planning and investment in noise mitigation for particular noise 
sensitive areas, including how to compatibly develop any vacant land or 
to redevelop older urban areas around airports into compatible uses.
    Based on the noise exposure maps, strategies are developed and 
evaluated to reduce noise exposure and noncompatible land uses around 
an airport. Noise solutions are airport-specific--no two airports are 
alike in their noise and land use environments. The best solutions for 
one airport may not be effective or desirable in another location. ASNA 
makes the airport proprietor responsible for airport noise 
compatibility planning, including selecting the specific noise 
abatement and mitigation measures deemed appropriate for inclusion in 
the airport noise compatibility program.
    The FAA reviews airport noise compatibility programs submitted by 
airport proprietors under Part 150 for consistency with criteria 
established by law and regulation. Program measures must be reasonably 
consistent with the goals of reducing existing noncompatible land uses 
around the airport and of preventing the introduction of additional 
noncompatible land uses. Program measures must not derogate safety or 
adversely affect the safe and efficient use of airspace. Program 
measures must not impose an undue burden on interstate or foreign 
commerce. Program measures must not be unjustly discriminatory or 
violate other airport grant agreement assurances. Program measures 
should be designed to meet both local needs and needs of the national 
air transportation system. Finally, program measures must be consistent 
with all of the powers and responsibilities of the FAA Administrator.
    The FAA is directed by law to approve airport noise compatibility 
programs that meet the specified criteria. The FAA may request that an 
airport proprietor consider additional or alternative program measures, 
but the FAA does not have the authority to substitute its judgment for 
that of the airport proprietor regarding which measures to select for 
implementation. The FAA may only approve or disapprove program measures 
recommended by an airport proprietor in accordance with established 
statutory and regulatory criteria. If an airport noise compatibility 
program is not acted on by the FAA within the statutory 180-day 
timeframe, it is automatically approved by law with the exception of 
flight procedures. Flight procedures are not subject to automatic 
approval.
    Although the FAA has established, under ASNA and Part 150, a 
uniform system for measuring the noise in and around airports, the 
responsibility for determining the acceptable and permissible land uses 
and the relationship between specific properties and specific noise 
contours rests with the local authorities. In preparing noise 
compatibility programs, airport sponsors may support the use of state 
and local land use compatibility standards more stringent than Federal 
guidelines.
    If an airport proprietor proposes an airport noise and access 
restriction subject to the requirements of 14 CFR Part 161 (Part 161), 
the FAA encourages the proprietor to integrate the required Part 161 
analysis into a Part 150 planning process which first analyzes 
nonrestrictive measures to mitigate noise, and then analyzes the 
proposed restriction.
    For Stage 2 restrictions, which are not subject to FAA approval 
under Part 161, the FAA advises airport proprietors who have integrated 
a Part 161 analysis into a Part 150 study to await the FAA's 
determinations under Par 150 before adopting the restriction. FAA's 
Part 150 determinations may provide valuable insight regarding the 
proposed restriction's consistency with existing laws and the position 
of the FAA with respect to the restriction.
    Stage 3 restrictions are subject to either formal agreement among 
airport users or to FAA approval under Part 161. If an airport 
proprietor integrates a Stage 3 restriction proposal and analysis into 
a Part 150 program, the proprietor may submit a combined Part 150/Part 
161 submission to the FAA, as provided for in the Part 161 regulation. 
The FAA will evaluate the proposed Stage 3 restriction under Part 161 
requirements in addition to evaluating the submission under Part 150 
requirements.
    Effective airport noise compatibility planning is a continuous 
process, rather than a one-time accomplishment. A number of airport 
proprietors have prepared updates to previously approved airport noise 
compatibility program as changes have occurred over

[[Page 43810]]

time. For the foreseeable future. Part 150 will remain the primary FAA 
program for evaluating and mitigating aircraft noise in an airport's 
vicinity.
    Part 150 is a valuable tool for supporting and complementing local 
land use planning and zoning efforts. A primary goal of part 150 is to 
improve the compatibility of land uses surrounding airports by reducing 
existing noncompatible land uses and preventing the introduction of new 
noncompatible land uses. In response to congressional concerns, as of 
October 1, 1998, FAA policy is to place additional emphasis on the 
prevention of new noncompatible land uses by limiting Federal funding 
to soundproof new homes built in noise-impacted areas. FAA's policy is 
that new noise sensitive land uses should be prevented from developing 
around airports or, in cases where prevention is not feasible, they 
should be rendered compatible with noise exposure levels through 
measures such as sound insulation during construction.

Policy Element 5: Land Use Planning and Zoning

    The FAA will assist State and local governments and planning 
agencies in establishing policies and practices to minimize noise 
sensitive land uses around airports, including locally determined 
buffers outside areas of significant noise exposure.
    Discussion: Both the 1976 Policy and Part 150 clearly assert that 
State and local governments, including airport proprietors and planning 
agencies, are responsible for determining the acceptable and 
permissible land uses around airports and defining the relationship 
between specific properties and airport noise contours. The airport 
operator must be an integral part of this planning process, and bears 
its own responsibility for tracking planning and development taking 
place in its environs, and interceding with local governments as may be 
appropriate to help assure long-term compatibility. Where permitted by 
law, the FAA is prepared to support compatible land buss planning and 
actions by providing planning guidance, as well as technical and 
financial assistance. Toward this end, the FAA has engaged in a 
national compatible land use initiative in a cooperative partnership 
with the National Association of State Aviation Officials (NASAO).
    The transition by the year 2000 to an all Stage 3 fleet of large 
commercial airplanes significantly reduces aviation noise from levels 
previously experienced. Noise contours will continue to shrink well 
into the 21st century around many airports. This reduction in aviation 
noise exposure presents both a challenge and an opportunity to 
institute and maintain effective compatible land use policies and 
practices.
    There will be significant pressure to develop residential and other 
noise sensitive land uses closer to some airports as noise contours 
shrink towards the airport boundary. Such development should be 
undertaken only after prudent, thoughtful community planning and 
appropriate mitigation. The general trend over the past few decades has 
been an increasing interest on the part of the American public in 
continuing to upgrade environmental standards. Once noise exposure 
levels have stabilized with the transition to an all Stage 3 fleet, the 
demand by residents near airports for an ever quieter environment may 
outpace the delivery of further source-noise gains from advances in 
aircraft noise abatement technology. Additionally, not every airport 
will remain relatively static with respect to aircraft noise; some 
airports will experience high levels of growth and expansion of their 
facilities after completion of the Stage 3 transition, with consequent 
growth of their noise contours.
    It is important for the various governmental entities that own 
airports and control land uses around those airports to coordinate 
airport and land use planning, and to undertake complementary actions 
that take into account the needs and operational requirements of the 
airport and the developmental goals and environmental needs of the 
community. The FAA encourages airport noise compatibility planning 
pursuant to Part 150.
    The FAA encourages local jurisdictions with responsibility for land 
use planning and zoning to take the strongest compatible land use 
actions with in those areas around airports still subject to 
significant noise exposure after the transition to an all Stage 3 
fleet. According to FAA guidance, areas of significant noise exposure 
are those in which noise levels are DNL 65 dB or higher. Significant 
noise exposure is not compatible with a variety of noise sensitive land 
uses, as delineated in FAA's compatible land use guidelines in Part 
150. Jurisdictions should take all possible actions to make existing 
land uses compatible and to prevent new noncompatible land uses form 
developing at DNL 65 dB and above.
    The FAA further encourages jurisdictions to guard against 
development of new noise sensitive land uses in areas that have been 
compatible within the DNL 65 dB contour in the last decade or more, but 
will be just outside that contour with Stage 3 transition. In 
situations where noise compatibility measures were funded by Federal 
grants, Federal grant assurances require that these properties must not 
become residential or zoned for other noise sensitizes uses, but must 
remain non-noise sensitive even if shrinking noise contours place them 
outside DNL 65 dB.
    Based upon local factors, local jurisdictions may take a more 
comprehensive approach to aviation noise exposure below DNL 65. Some 
communities are more noise sensitive than others. Part 150 guidelines 
recognize local discretion to define noise sensitivity. Some 
communities have better opportunities than others, because of vacant 
land or urban redevelopment projects, to reduce and prevent noise 
sensitive land uses beyond the DNL 65 dB countour. Stage 3 transition 
and the noise compatibility gains otherwise achieved since the 1976 
Policy increase the feasibility in certain locations of dealing with 
noise exposure below significant levels. A few airport proprietors and 
local jurisdictions have already begun to address areas outside DNL 65 
dB to create an extra margin of noise buffer between the airport and 
the community.
    The FAA will support local efforts to establish noise buffers by 
agreement between the airport proprietor and the local community, 
evidenced through both commitments and land use actions by affected 
jurisdictions. If jurisdictions firmly and consistently act to reduce, 
prevent, or mitigate noise sensitive development in buffer areas, the 
FAA will recognize such areas and actions accordingly in NEPA 
assessments for proposed airport development and in Part 150 noise 
compatibility programs, and any resulting noise mitigation 
recommendations.
    Local jurisdictions may use the complete array of available methods 
to address noise sensitive land uses. Several of the most widely used 
methods are briefly described below, although these are not intended to 
preclude the use of other methods. A combination of methods, comprising 
a graduated response from the most to the least adversely affected land 
uses, may serve communities effectively and can prudently balance costs 
with levels of noise exposure. The FAA strongly encourages the 
reduction and prevention of noncompatible land uses at noise exposure 
levels of DNL 65 dB and higher. Mitigation techniques short of 
reduction and prevention may be more viable in buffer areas. Methods 
may support each other for the same

[[Page 43811]]

properties, such as combining sound insulation, an easement, and 
disclosure. In applying the basic Federal policy elements, the FAA 
encourages local jurisdictions to.
     Establish zoning ordinances or other control measures to 
preclude new noise sensitive development; acquire existing 
noncompatible properties and relocate people; implement policies and 
programs to redevelop noise sensitive areas into more compatible land 
uses.
     If noise sensitive development cannot be removed or 
precluded: acoustically insulate existing structures; establish local 
building codes for new residential and other noise sensitive 
construction requiring attenuation of exterior noise levels; purchase 
noise easements.
     Require formal disclosure of aviation noise exposure 
levels as a part of real estate transactions for properties located 
near airports, where authorized by State and local law; provide 
transaction assistance to noise impacted property owners wishing to 
sell.

Policy Element 6: Areas With Unique Noise Sensitivities

    The FAA will take into account the specific circumstances of 
locations in national parks and other Federally managed areas with 
unique noise sensitivities in managing the navigable airspace and 
evaluating proposed FAA actions that raise aviation noise concerns.
    Discussion: The FAA's Noise Policy for Management of Airspace Over 
Federally Managed Areas, issued November 8, 1996, affirms the FAA 
commitment to carefully balance the interests of the general public and 
aviation transportation with the need to protect certain natural 
environments from the impact of aviation noise. This policy statement 
addresses FAA's management of the navigable airspace over locations in 
national parks and other Federally managed areas with unique noise 
sensitive values. It affirms that the FAA will exercise leadership in 
achieving an appropriate balance among environmental concerns, airspace 
efficiency, and technical practicability, while maintaining the highest 
practicable level of safety. This policy envisions joint efforts by the 
FAA and resource-managing Federal agencies to enhance compatibility by 
coordinating management of the airspace and the management goals of 
these specific areas.
    In order to promote an effective balance of agency missions, the 
Secretaries of Transportation and the Interior are jointly reviewing 
the environmental and safety concerns resulting from park overflights, 
developing a national policy on overflights of national parks, and 
working toward resolution of overflight issues in specific national 
parks. The overarching goal is to identify how best to provide access 
to the airspace over national parks while ensuring all park visitors a 
quality experience and protecting park resources.
    The FAA and the National Park Service have initiated individual and 
joint efforts to achieve a better understanding of the effects of 
aviation noise on areas within national parks, preserves, and wildlife 
refuges. A primary focus for FAA is to identify the extent to which 
low-level noise (i.e., noise levels below existing thresholds of 
significant, or even adverse, impact for most common land uses) may 
adversely impact areas with unique noise sensitivities. At present, no 
scientifically verified, predictable criteria have been established. 
Until standardization of criteria has been achieved to the satisfaction 
of the Federal agencies with noise and land use responsibilities, 
particular interfaces of concern between aviation and special resource 
areas will be carefully reviewed on a case-by-case basis by the FAA and 
the Federal agency with jurisdiction over the area.
    Pursuant to Executive Order 13084, ``Consultation and Coordination 
with Indian Tribal Governments,'' the FAA is committed to removing 
obstacles that detrimentally affect or impede working directly and 
effectively with tribal governments. FAA will engage in meaningful 
consultation with tribal governments whenever significant impacts on 
trust resources are identified. When requested by a tribal government, 
the FAA will use best efforts to make aeronautical charts available to 
tribal representatives, as well as information on how to identify types 
of aircraft that may be overflying tribal lands. Additionally, on 
request from tribal officials, the FAA will use best efforts to depict 
Native American lands that are of significance on a year-around basis 
on visual flight rules aeronautical sectional maps. The areas will be 
depicted using the demarcation associated with flying over noise 
sensitive national park areas. All aircraft are requested to maintain a 
minimum altitude of 2,000 feet above the surface while flying over 
these types of areas. On request from tribal officials, the FAA will 
also use best efforts to assist in alerting pilots of Native American 
seasonal events of significance through Notice to Airmen (NOTAMs) or a 
graphical depiction in the appropriate Airport Facility Directory.

Policy Element 7: FAA Financial Programs

    The FAA will continue strong support for noise compatibility 
planning and noise mitigation projects with financial programs under 
its jurisdiction, with airport rates and charges policy, and by 
encouraging innovative funding mechanisms including creative public/
private partnerships.
    Discussion: The 1976 Policy initiated a pilot program under which 
the FAA awarded the first grants to airport proprietors to develop 
comprehensive airport noise control plans. This pilot program was 
expanded in the Aviation Safety and Noise Abatement Act of 1979 (ASNA), 
which created airport noise compatibility planning under Federal 
Aviation REgulations (FAR) Part 150 that continues today. ASNA 
authorizes the FAA to fund the preparation of airport noise 
compatibility plans and to fund the implementation of noise 
compatibility programs developed under those plans, subject to FAA's 
approval of the program measures.
    All public airports are eligible to apply for Federal assistance in 
preparing and implementing airport noise compatibility programs under 
Part 150. An approved Part 150 program is required for an airport 
proprietor to receive specifically earmarked grant funds for a broad 
array of noise mitigation projects. A statutory exception is sound 
insulation of educational or medical buildings in a noise impact area, 
which may be funded without an approved Part 150 program. Units of 
local government in the airport area may also apply for grants to help 
carry out parts of approved Part 150 programs that are both within 
their jurisdiction and ability to implement.
    The Airport and Airway Improvement Act of 1982 established the 
first reservation, referred to as a ``set-aside,'' of Airport 
Improvement Program (AIP) funds specifically for noise compatibility 
planning and projects under Part 150. The first noise set-aside was 
established at 8 percent of the total available annual AIP. In 1982, 
approximately $41 million was given in noise grants. Since 1982, the 
noise set-aside has remained a key component in AIP legislation, while 
the set-aside has remained a key component in AIP legislation, while 
the set-aside percentage has been increased to reflect the growing 
demand for noise funding. In the last funding year of the century, the 
noise set-aside (established at 31 percent of AIP discretionary 
funding) has been over $168.8 million. From the inception of airport 
noise compatibility funding through fiscal year 1999, the

[[Page 43812]]

FAA has issued noise planning and project grants totaling over $2.6 
billion under the Airport Improvement Program.
    In addition to the AIP noise set-aside, the FAA administers other 
statutory provisions and supports decisions that result in additional 
funding for noise mitigation. The FAA is responsible for evaluating the 
environmental impact of proposed airport development projects submitted 
for FAA approval and funding.
    FAA's airport funding statue includes environmental requirements. 
For example, FAA may only approve a grant for a major airport 
development project that has a potentially significant impact on 
natural resources if there is no possible and prudent alternative and 
the project includes reasonable steps to minimize the harm. These 
mitigation commitments are included in the FAA decision and any 
subsequent grant agreements. Such commitments are eligible for AIP 
funding from sources other than the noise set-aside as part of the cost 
of the airport development project.
    The Passenger Facility Charge (PFC) program, established by the 
Aviation Safety and Capacity Expansion Act of 1990, includes among its 
objectives the funding of projects to mitigate airport noise impacts. 
PFC-eligible projects include mitigation for areas adversely impacted 
by noise, with or without an approved Part 150 program. Since the 
inception of the PFC program, the FAA has approved PFC collection 
authority exceeding $1.6 billion for noise mitigation projects--an 
important and growing supplement to Federal funding provided through 
the AIP.
    Another important source of airport funding for noise mitigation is 
airport-generated revenue. As part of its role in administering the 
AIP, the FAA assumes a stewardship role related to the protection of 
the Federal investment in airports. Generally, an airport accepting 
Federal assistance must agree to use all airport revenue for related 
costs. The FAA has long recognized that noise mitigation associated 
with an airport capital development project qualifies as a capital cost 
of the airport and, therefore, is an appropriate use of airport 
revenue. In June 1996, DOT issued its Policy Regarding Airport Rates 
and Charges, 61 FR 31994, outlining the expenses an airport proprietor 
may include in establishing cost-based fees charged to air carriers for 
the use of airport facilities and services. The policy permits the 
recovery, through rates and charges, of reasonable environmental costs 
to the extent that the airport proprietor incurs a corresponding actual 
expense. The policy expressly identifies aircraft noise abatement and 
mitigation as a permitted recoverable environmental cost. These 
provisions were not vacated in a ruling on the policy, Air Transport 
Association v. Department of Transportation, 119 F.3d 38 (D.C. Cir. 
1997).
    In the future, the FAA will continue to make Federal funding 
available for measures directed at mitigating noise around airports, 
reducing noncompatible land uses, and protecting currently compatible 
land uses, when such funding is financially feasible and permitted by 
law. The challenge is to ensure adequate financial support for noise 
mitigation. The FAA manages available AIP funds in a manner to sustain 
airport noise compatibility planning and programs for as many airports 
as possible with noise affected communities, giving priority 
consideration to mitigating the most significant higher noise levels. 
The FAA evaluates the national demand for Federal noise funding and 
recommends adjustments to the Congress in reauthorizations of airport 
grant legislation. Increasingly, the FAA seeks to leverage available 
Federal funding with other funding sources, including PFCs and airport 
revenue. In the last two years, the FAA has explored innovative 
financing proposals. The FAA approved an innovative project to relocate 
a large number of people on an accelerated schedule from an area of 
airport noise impact through a Federal/local public and private sector 
partnership arrangement of shared costs and responsibility. The noise 
mitigation advantages of this project were obvious, and the overall 
costs were lower in terms of AIP demand than would have been the case 
under the traditional approach to funding. Future innovative finance 
arrangements can help to sustain a strong funding commitment to noise. 
The FAA will work with State and local governments and the private 
sector to create new partnerships and opportunities to increase 
reliable sources of funding and to accelerate adequate financing of 
noise mitigation projects.

Section 3: Authorities and Responsibilities--Legal Framework

3.1  Legal Responsibilities of the Federal Government

    The principal aviation responsibilities assigned to the Federal 
Avaiation Administrator and since 1966 to the Secretary of 
Transportation, under the Federal Aviation Act of 1958, as amended, 49 
U.S.C. 40101 et seq., concern promoting the development of civil 
aeronautics and safety of air commerce. The basic national policies 
intended to guide our actions under the Federal Aviation Act are set 
forth in section 103, 49 U.S.C. 40101(d), which provides public 
interest standards, including:
    (1) Assigning, maintaining, and enhancing safety and security as 
the highest priorities in air commerce;
    (2) Regulating air commerce in a way that best promotes safety and 
fulfills national defense requirements;
    (3) Encouraging and developing civil aeronautics, including new 
aviation technology;
    (4) Controlling the use of the navigable airspace and regulating 
civil and military operations in that airspace in the interest of the 
safety and efficiency of both of those operations;
    (5) Consolidating research and development for air navigation 
facilities and the installation and operation of those facilities; and
    (6) Developing and operating a common system of air traffic control 
and navigation for military and civil aircraft.
    To achieve these statutory purposes, sections 307(a), (b), and (c) 
of the Federal Aviation Act, 49 U.S.C. 40103(b), 44502, and 44721, 
provide extensive and plenary authority to the FAA concerning use and 
management of the navigable airspace, air traffic control, and air 
navigation facilities. The FAA has exercised this authority by 
promulgating wide-ranging and comprehensive Federal regulations on the 
use of navigable airspace and air traffic control.\1\ Similarly the FAA 
has exercised its aviation safety authority, including the 
certification of airmen, aircraft, air carriers, air agencies, and 
airports under Title VI of the Federal Aviation Act, section 601 et 
seq., 49 U.S.C. 44701 et seq. by extensive Federal regulatory 
action.\2\ In legal terms the Federal government, through this exercise 
of its constitutional and statutory powers, has preempted the areas of 
airspace use and management, air traffic control and aviation safety. 
The legal doctrine of preemption, which flows from the Supremacy Clause 
of the Constitution, is essentially that state and local authorities do 
not have legal power to act in an area that already is subject to 
comprehensive Federal regulation.
---------------------------------------------------------------------------

    \1\ See 14 CFR Parts 71, 73, 75, 91, 93, 95, and 97
    \2\ See 14 CFR Parts 21-43, 61-67, 91, 121 through 149.
---------------------------------------------------------------------------

    Because of the increasing public concern about aircraft noise that 
accompanied the introduction of turbojet powered aircraft into 
commercial service in the 1960s, and

[[Page 43813]]

the constraints such concern posed for the continuing development of 
civil aeronautics and the air transportation system of the United 
States, the Federal government in 1968 sought--and Congress granted--
broad authority to regulate aircraft for the purpose of noise 
abatement. Section 611 of the Federal Aviation Act, 49 U.S.C. 44715, 
constitutes the basic authority for Federal regulation of aircraft 
noise. In 1972, displaying some dissatisfaction with the FAA's 
methodical regulatory practice under section 611, the Congress amended 
that statute in two important respects. To the original statement of 
purpose, ``to afford present and future relief from aircraft noise and 
sonic boom,'' it added consideration of, ``protection to the public 
health and welfare.'' It also added the Environmental Protection Agency 
(EPA) to the rulemaking process. Section 611 now requires the FAA to 
publish EPA proposed regulations as a notice of proposed rulemaking 
within 30 days of receipt. If the FAA does not adopt an EPA proposal as 
a final rule after notice and comment, it is obliged to publish an 
explanation for not doing so in the Federal Register.
    Whether considering a rule it proposes on its own initiative or in 
response to the EPA, the FAA is required by section 611(d) to consider 
whether a proposed aircraft noise rule is consistent with the highest 
degree of safety in air commerce and air transportation, economically 
reasonable, technologically practicable and appropriate for the 
particular type of aircraft.
    The FAA acted promptly in implementing section 611. On November 18, 
1969, it promulgated the first aircraft noise regulations, Federal 
Aviation Regulations Part 36, 14 CFR Part 36, which set a limit on 
noise emissions of large aircraft of new design. It reflected the 
technological development of the high-bypass ratio type engine, and was 
initially applied to the Lockheed 1011, the Boeing 747, and the 
McDonnell-Douglas DC-10. The Part 36 preamble announced a basic policy 
on source noise reduction and a logically phased strategy of bringing 
it about. Essentially, Part 36 established the quietest uniform 
standard then possible, taking into account safety, economic 
reasonableness, and technological feasibility. Part 36 was initially 
applicable only to new types of aircraft. As soon as the technology had 
been demonstrated, the standard was to be extended to all newly 
manufactured aircraft of already certificated types. Ultimately, the 
preamble indicated, when technology was available the standard would be 
extended to aircraft already manufactured and in operation. The last 
step would require modification or replacement of all aircraft in the 
fleet that did not meet the Part 36 noise levels. The first two steps 
have already been accomplished. This third step is being taken now.
    In accordance with the Federal noise abatement program announced in 
the 1976 Policy, the FAA adopted regulations in 14 CFR Part 91 to phase 
out operations in the United States of so-called ``Stage 1 aircraft'' 
by January 1, 1985. These aircraft were defined as civil subsonic 
aircraft with a gross weight of more than 75,000 pounds that do not 
meet Stage 2 or 3 Part 36 noise standards. In 1980, pursuant to the 
Aviation Noise Abatement Act of 1979, the FAA extended the phaseout 
requirement to foreign international operators, and was directed to 
issue exemptions to operators of two-engine turbojets with 100 or fewer 
seats for small community service until January 1, 1988.
    In addition to its regulatory authority over aircraft safety and 
noise, the FAA has long administered a program of Federal grants-in-aid 
for airport construction and development. By virtue of its decision-
making on whether to fund particular projects, the FAA has been able, 
to a degree, to ensure that new airports or runways will be selected 
with noise impacts in mind. That indirect authority was measurably 
strengthened when in 1970 the Airport and Airway Development Act 
expanded and revised the FAA's grant-in-aid program for airport 
development, and added environmental considerations to project approval 
criteria. These criteria include consideration of whether the project 
is consistent with plans (existing at the time the project is approved) 
of public agencies authorized by the State in which the airport is 
located to plan for the development of the area surrounding the 
airport. The 1976 amendments to the 1970 Act increased funding levels 
and provided new authority to share in the costs of certain noise 
abatement activities, as part of a pilot program initiated under the 
1976 Policy. Under this program, the FAA funded up to 25-airport noise 
control plans per year
    In 1979, Congress enacted the Aviation Safety and Noise Abatement 
Act, 49 USC 47501 et seq., to support Federal efforts to encourage 
development of compatible land uses around civil airports in the United 
States. In 1981, the FAA adopted 14 CFR Part 150 to implement ASNA. As 
explained in detail in Section 2, under ASNA, FAA is authorized to 
provide grants to airport sponsors to fund voluntary preparation of 
noise exposure maps, comprehensive noise compatibility planning, and 
soundproofing, land acquisition, and other projects to carry out noise 
compatibility programs. Noise compatibility programs are developed in 
consultation with surrounding communities and airport users. The 
airport must notify the public and afford an opportunity to comment at 
a public hearing.
    The Airport and Airway Improvement Act of 1982 (AAIA) established 
the Airport Improvement Program (AIP) and first made funds available 
for noise compatibility planning and to carry out noise compatibility 
programs authorized under ASNA. The AAIA has been amended several 
times, and authorizes the current Federal AIP program. Since 1976, the 
ability of the FAA to provide financial assistance under the AIP has 
remained limited in terms of both percentage of project costs and the 
types of projects eligible for Federal aid. Applications for airport 
development projects have consistently exceeded available funding, 
although the amounts available for obligation under the AIP have ranged 
from approximately $450 million in Fiscal Year 1982 to a recent high of 
approximately $1.9 billion in Fiscal year 1992. Through additional 
legislation, FAA gained authority to grant AIP funds to units of local 
government in order to soundproof public schools and hospitals.
    In 1990, Congress established a National Aviation Noise Policy in 
the Airport Noise and Capacity Act, 49 USC 47521 (ANCA). This Policy 
had three primary elements. The first was a program for transition to 
an all-Stage 3 civil subsonic turbojet fleet. In 1991, pursuant to 
ANCA, the FAA amended Part 91 to establish a phased program to require 
operations by civil subsonic turbojet airplanes weighing more than 
75,000 pounds to meet Stage 3 noise standards by the year 2000. This 
phaseout requirement applied to all operators of large Stage 2 
airplanes, not just air carriers, operating in the contiguous United 
States.
    The second element was a national program for review of airport 
noise and access restrictions on operations by Stage 2 and 3 aircraft. 
ANCA applies to restrictions on operations by Stage 2 aircraft proposed 
after October 1, 1990, and to restrictions on operations by Stage 3 
aircraft not in effect before October 1, 1990. In 1991, as a companion 
rulemaking to the Part 91 amendment, the FAA adopted Part 161 to 
implement the requirements under ANCA relating to airport restrictions.

[[Page 43814]]

After careful study, the FAA determined that Part 161 should cover 
operations by all Stage 2 aircraft, including those weighing less than 
75,000 pounds that are not subject to the phaseout requirement. Part 
161 also applies to proposals to restrict operations by helicopters 
that are certificated as Stage 2. ANCA, as implemented by Part 161, 
provides that airports must give 180 days notice and an opportunity for 
public comment on a cost-benefit analysis concerning proposals to 
restrict operations by Stage 2 aircraft. Proposals to restrict 
operations by Stage 3 aircraft must (1) be agreed upon by the airport 
and all users at the airport or (2) satisfy procedural requirements 
similar to proposals to restrict Stage 2 operations and be approved by 
FAA. To be approved, restrictions must meet the following statutory 
criteria:
    (1) The restriction is reasonable, nonarbitrary and 
nondiscriminatory.
    (2) The restriction does not create an undue burden on interstate 
or foreign commerce.
    (3) The proposed restriction maintains safe and efficient use of 
the navigable airspace.
    (4) The proposed restriction does not conflict with any existing 
Federal statute or regulation.
    (5) The applicant has provided adequate opportunity for public 
comment on the proposed restriction.
    (6) The proposed restriction does not create an undue burden on the 
national aviation system.
    ANCA does not supersede preexisting law except to the extent 
required by the application of its terms. Preexisting law governing 
airport noise and access restrictions is discussed in detail below, 
under ``Legal Responsibilities of Airport Proprietors.'' FAA encourages 
airport proprietors to seek to enter into voluntary agreements with 
users. Voluntary agreements are not subject to ANCA, and may include 
agreed-upon enforcement mechanisms that are consistent with Federal 
law.
    The final element of the national noise policy was the provision of 
another source of funds eligibility, conditions upon compliance with 
the national program for review of airport noise and access 
restrictions. In 1990, Congress amended the Anti-Head Tax provisions of 
the Federal Aviation Act to authorize FAA to approve collection and use 
of PFCs by public agencies.\3\ Public agencies that control commercial 
service airports may, subject to FAA approval, receive passenger 
facility charges collected from enplaning passengers using the airport, 
and use these charges for airport development or noise abatement 
projects. PFCs charges may be used, among other things, to finance 
remedial measures that would qualify for AIP funding if included in an 
approved airport noise compatibility program. The PFC program has 
assumed increasing importance in providing revenue for noise as well as 
capacity-enhancing projects.

3.2  Legal Responsibilities of State and Local Governments

    While the Federal government's exclusive statutory responsibility 
for noise abatement through regulation of flight operations and 
aircraft design is broad, the noise abatement responsibilities of state 
and local governments, through exercise of their basic police powers, 
are circumscribed. The scope of their authority has been most clearly 
described in negative terms, arising from litigation over their rights 
to act.
    The chief restrictions on state and local police powers arise from 
the exclusive Federal control over the management of airspace. Local 
authorities have been long prevented by Federal preemption of authority 
in the area from prohibiting or regulating overflight for any 
purposes.\4\ That principle was found in 1973 to include any exercise 
of police power relating to aircraft operations in City of Burbank v. 
Lockheed Air Terminal, 411 U.S. 624 (1973). In the Burbank case, the 
Supreme Court struck down a curfew imposed by the City in the exercise 
of its police power at an airport not owned by it. The court stated 
that, ``the pervasive nature of the scheme of Federal regulation of 
aircraft noise leads us to conclude that there is Federal preemption.'' 
411 U.S. at 633. The national character of the subject matter also 
supported preemption. 411 U.S. at 625. ``If we were to uphold the 
Burbank ordinance and a significant number of municipalities followed 
suit, it is obvious that fractionalized control of the timing of 
takeoffs and landings would severely limit the flexibility of the FAA 
in controlling air traffic flow. The difficulties of scheduling flights 
to avoid congestion and the concomitant decrease in safety would be 
compounded.'' 411 U.S. at 639. Although control of noise is deep-seated 
in the police power of the states (411 U.S. at 638), the Court found 
that Congress unequivocally intended that the Federal government have 
``full control over aircraft noise, preempting state and local 
control.'' 411 U.S. 625, 627-28, 639. The Court's reliance on the 
legislative history of section 611 of the Federal Aviation Act and its 
1972 amendments indicates that other types of police power regulation, 
such as restrictions on the type of aircraft using a particular 
airport, are equally proscribed. The Court, however, specifically 
excluded consideration of what limits, if any, apply to a municipality 
acting in its proprietary capacity.
    In two subsequent cases, Federal courts determined that the 
constitutionality of state airport noise regulations depended upon 
whether they sought to directly control aircraft noise or mitigate its 
effects. In Air Transport Association v. Crotti, 389 F. Supp. 58 (N.D. 
Cal., 1975) a state airport noise statute that imposed noise abatement 
duties on airport proprietors without directly regulating aircraft 
operation was upheld. California's statutory and regulatory scheme 
established permissible cumulative noise (community noise equivalent 
noise levels or CNEL) standards for continued operation of airports, 
monitoring requirements, and ultimate noise levels for surrounding land 
uses. In upholding the validity of the statutory scheme, the court 
noted that airport authorities were left to choose among suggested 
procedures, and were free to use other noise control measures beyond 
those suggested to achieve the prescribed noise standards.
---------------------------------------------------------------------------

    \4\ American Airlines v. Town of Hempstead, 398 F.2d 369 (2d 
Cir. 1968) Town noise ordinance that prohibited overflights over the 
village by aircraft that did not meet certain noise standards held 
invalid because Congress had preempted the field of aircraft 
operation. Compliance with the ordinance would have required the 
alteration of FAA-promulgated flight patterns and procedures 
controlling aircraft in the New York City area; American Airlines v. 
City of Audubon Park, 297 F. Supp. 207, 407 F.2d 1306 (6th Cir. 
1969) Court held that local ordinance conflicted with the glide 
slope which aircraft were required to follow in approaching the 
airport.
---------------------------------------------------------------------------

    The court indicated that efforts to control aircraft traffic under 
the CNEL might be suspect, but since no action had been taken the court 
refrained from ruling upon limitations to the airport proprietor's 
authority. In this same case, the court struck down maximum single 
event noise exposure levels (SENEL) for takeoff and landings of 
aircraft, which had been established by the State for enforcement by 
counties through criminal fines levied against aircraft operators. The 
court held that these state regulations were per se unlawful exercises 
of police power because they attempted to regulate noise levels 
occurring when aircraft were in direct flight in clear contravention of 
FAA's statutory authority.\5\
---------------------------------------------------------------------------

    \5\ See also, Minnesota Public Lobby v. Metropolitan Airport 
Commission, 520 N.W. 2d 388 (Minn. 1994) Minnesota Supreme Court 
held that the Metropolitan Airports Commission was not required to 
develop a plan to comply with state pollution control noise 
standards in operating Minneapolis-St. Paul International Airport. 
The State's noise standards as applied to MAC impinged on aircraft 
operations because (1) enforcement of the standards would severely 
limit the flexibility of the FAA in controlling aircraft flow and 
(2) compliance would be impossible without either substantially 
reducing aircraft operations, converting much of South Minneapolis 
and the surrounding suburbs to non-residential areas, or moving the 
airport. In the opinion of the court the State had no power to 
require an airport proprietor such as MAC to use its proprietary 
powers in certain ways that may have achieved compliance with the 
noise standards.

---------------------------------------------------------------------------

[[Page 43815]]

    In 1981, the Ninth Circuit Court of Appeals addressed a measure 
that the state required an airport proprietor to implement in order to 
comply with the airport noise standards upheld in Crotti. In San Diego 
Unified Port District v. Gianturco, 651 F.2d 1306 (9th Cir. 1981), cert 
den. 455 U.S. 1000 (1982), the State of California sought to require 
the Port District, as owner of Lindbergh Field, to extend a curfew. The 
State made extension of the curfew a condition of the variance needed 
to continue to operate the airport, which was not in compliance with 
California noise standards. Like the curfew in City of Burbank, the 
court found that the State's curfew impinged on airspace management by 
directing when planes may fly in the San Diego area, and on Federal 
control of aircraft noise at its source by restricting the permissible 
flight times of aircraft solely on the basis of noise. The court 
explained that the Federal government has only preempted local 
regulation of the source of noise, not the entire field of aviation 
noise. The effects of noise may be mitigated by state and local 
government independently of source noise control. ``Local governments 
may adopt local noise abatement plans that do not impinge upon aircraft 
operations.'' 651 F.2d at 1314. The court declined to interpret the 
1976 Aviation Noise Abatement Policy as evidence that the Federal 
Government had abdicated its duties to regulate aircraft noise or for 
the proposition that states may use their police power to coerce 
political subdivisions to use proprietary powers. The court also found 
that the State of California was not a proprietor of Lindbergh Field, 
and thus could not rely upon Burbank's proprietor exception permitting 
airports utilizing their proprietary powers (rather than police powers) 
to enact reasonable, nonarbitrary, and nondiscriminatory rules defining 
the permissible level of noise which can be created by aircraft using 
the airport.
    The ruling in City of Burbank was held to govern the exercise of 
zoning authority to ban a taxiway project in Burbank-Glendale Pasadena 
Airport Authority v. City of Los Angeles, 979 F.2d 1339 (9th Cir. 
1992). In the BGPAA case, the Ninth Circuit Court of Appeals reviewed 
the constitutionality of an ordinance that required prior submission 
and approval of plans for development of a 54-acre parcel of land. The 
land, which was used solely for aircraft landings and takeoffs at 
Burbank Airport, was slated for construction of a taxiway project that 
was expected to produce significant safety improvements and noise 
benefits. The ordinance was enacted by the City of Los Angeles just 
before construction of a taxiway project was to begin, and applied 
exclusively to the parcel of land owned by the airport but located in 
the jurisdiction of the City of Los Angeles. The court found that the 
City was prohibited from conditioning airport development on prior City 
approval. It stated that proper placement of taxiways and runways is 
critical to the safety of takeoffs and landings and essential to the 
efficient management of the navigable airspace. The Court stated that 
Federal aviation safety interests preempted control of airport ground 
facilities. The Court held that nonproprietor jurisdictions may not 
abuse their land use powers by delaying a safety project and 
withholding a building permit until the FAA and the airport proprietor 
agree to aircraft noise control terms.
    Recent years have witnessed a steady increase in state and local 
ordinances and zoning measures that seek to regulate growth and 
expansion of large metropolitan airports.\6\ Federal law and policy 
continues to confirm that state and local police power regulation of 
aircraft noise is Federally preempted when it impinges on airspace 
management, aircraft flight, and operations. Non-proprietors may take 
noise impacts into account in siting airports and other facilities, and 
may mitigate the effects of noise. Federal aviation statutes do not 
direct the Federal government to decide where airports should be 
located, or whether and where an existing airport should acquire 
additional property for expansion; instead, such decisions are the 
primary responsibility of airport owners and operators. However, 
Federal authority to control the navigable airspace necessarily 
encompasses the placement, size, and configuration of runways. 
Likewise, the Airport and Airway Improvement Act of 1982 prescribes a 
dominant role for the FAA in airport development, which encompasses 
constructing, repairing, or improving public use airports, and imposes 
significant program responsibilities on the FAA. Non-proprietor 
jurisdictions have no role in determining the legal requirements for 
runway expansion and development within the boundaries of the existing 
airport. Federal aviation law preempts local ordinances designed to 
control and impede air navigation facilities, airport safety projects, 
or development projects on airport property at major airports as a 
means of controlling aircraft noise, and to otherwise control flight 
operations and impede safe and efficient airspace management. As a 
corollary of this principle, state and local governments may not use 
their police powers to require airport proprietors to exercise their 
proprietary powers to control aircraft noise at its source. The FAA is 
closely scrutinizing actions by state and local governments seeking to 
limit airport expansion, particularly of major metropolitan airports. 
FAA has and will continue to intervene in appropriate cases to assure 
that state and local governments exercise their authorities in full 
accord with the principles in City of Burbank and its progency.
---------------------------------------------------------------------------

    \6\ See, e.g., Dallas Ft. Worth International Airport Board v. 
City of Irving, 854 S.W.2d 750 (Ct. of Appeals Texas 1993), writ 
denied, 894 S.W.2d 456 (Tex. App-Ft. Worth 1995); City of New 
Orleans v. Kenner, 1992 U.S. Dist. LEXIS 1046 (ED La 1992), 
rev'd__F.2d__ (5th Cir. 8/6/92); City of Cleveland v. City of Brook 
Park, 893 F. Supp 742 (ND Ohio 1995); City of Burbank v. BGPAA (85 
Cal Rpt. 2d 28 (1999), review den., 1999 Cal. LEXIS 5393 (Cal Sup. 
Ct. 8/11/99).
---------------------------------------------------------------------------

    In addition to established case law, Section 105 of the Airline 
Deregulation Act of 1978, 49 U.S.C. 41713 expressly provides that 
States, political subdivisions of States, and political authorities of 
at least two States, are prohibited from enacting or enforcing any law 
relating to a price, route, or service of an air carrier. This statute 
was intended to ensure that States would not undo Federal deregulation 
with regulation of their own. This statute prohibits state laws or 
local noise ordinances that would constitute a direct or indirect 
regulation of a price, route or service of an air carrier. As noted in 
the Section entitled ``Legal Responsibilities of Airport Proprietors,'' 
it preserves the authority of airport proprietors.
    The FAA encourages local authorities to implement airport noise 
compatibility planning and protect their citizens from unwanted 
aircraft noise, principally through their powers of land use control. 
Control of land use around airports to ensure that only compatible 
development may occur in noise-impacted areas is a key tool in limiting

[[Page 43816]]

the number of citizens exposed to noise impacts, and it remains 
exclusively in the control of state and local governments. 
Occasionally, it is a power enjoyed by individual airport operators; 
some operators are municipal governments that can impose appropriate 
land use controls through zoning and other authority. But even where 
municipal governments themselves are operators, the noise impacts of 
their airports often occur in areas outside their jurisdiction. Other 
police power measures, such as requirements that noise impacts be 
revealed in real estate transactions, are also available to them. Other 
measures are also available to mitigate the effects of noise, such as 
by baffling existing noise or resetting those affected by noise. 
Finally, local governments have legal authority to take noise impacts 
into account in their own activities, such as their choice of location 
and design for new airports, new schools, hospital or other public 
facilities, as well as sewers, highways and other basic infrastructure 
services that influence land development.

3.3  Legal Responsibilities of Airport Proprietors

    Under the Supremacy Clause of the U.S. Constitution, Federal law 
preempts state or local law when Congress expressly or impliedly 
indicates an intention to displace state or local law, or when that law 
actually conflicts with Federal law. As discussed above, in 1973, the 
Supreme Court held that the pervasive scope of Federal regulation of 
the airways implied a congressional intention to preempt municipal 
aircraft noise restrictions based upon the police power. The court left 
the door open to noise regulations imposed by municipalities acting as 
airport proprietors, \7\ however, based on such municipalities 
legitimate interest in avoiding liability for excessive noise generated 
by the airports they own. After Burbank, Congress expressly provided 
that the proprietary powers and rights of municipal airport owners are 
not preempted by Federal law. 49 U.S.C. 41713 (section 105 of the 
Airline Deregulation Act of 1978). Thus, the task of protecting the 
local population from airport noise has fallen to the agency, usually 
the local government, that owns and operates the airport.
    Subsequent to the Burbank decision, the courts have confirmed that 
Congress has reserved a limited role for local airport proprietors to 
regulate noise levels at their airports. Thus, the responsibilities of 
state and local governments as airport proprietors are less restricted 
than those of non-proprietor governments. The rationale for the airport 
proprietor exception is that airport proprietors bear monetary 
liability for excessive noise under the Supreme Court decision in 
Griggs v. Allegheny County, 369 U.S. 84 (1962). The Court found that 
because the airport proprietor had that liability, fairness dictated 
that airport proprietors must also have the power to insulate 
themselves from that liability. The proprietor, the court reasoned, 
planned the location of the airport, the direction and length of the 
runways, and has the ability to acquire more land around the airport. 
From this control flows the liability, based on the constitutional 
requirement of just compensation for property taken for a public 
purpose. The Court concluded: ``Respondent in designing the Greater 
Pittsburgh Airport had to acquire some private property. Our conclusion 
is that by constitutional standards it did not acquire enough.'' The 
role of the proprietor described by the Court remains the same today.
---------------------------------------------------------------------------

    \7\ Traditionally, airport proprietors own and operate the 
airport, promote the airport, and have the legal power to acquire 
necessary approach easements.
---------------------------------------------------------------------------

    In contrast, it is understandable that non-proprietor localities in 
the vicinity of major airports cannot be permitted an independent role 
in controlling the noise of passing aircraft. In the words of the 
Second Circuit Court of Appeals.

[t]he likelihood of multiple, inconsistent rules would be a dagger 
pointed at the heart of commerce--and the rule applied might come 
literally to depend on which way the wind was blowing. The task of 
protecting the local population from airport noise has, accordingly, 
fallen to the agency, usually of local government, charged with 
operating the airport.

    British Airways Board v. Port Authority of New York and New Jersey, 
558 F.2d 75, 83 (2d Cir. 1977).
    An airport proprietor's powers, however, are not unlimited. For 
example, Federal case law consistently holds that proprietors are 
vested only with the power to promulgate reasonable, nonarbitrary, and 
nondiscriminatory regulations establishing acceptable noise levels for 
the airport and its immediate environs that avoid the appearance of 
irrational or arbitrary action. National Helicopter Corp. v. City of 
New York, 137 F.3d 81, 89 (2d Cir. 1998); British Airways Board v. Port 
Authority of New York and New Jersey, 558 F.2d 75, 564 F.2d 1002 (2d 
Cir. 1977). The Department of Transportation's own policy statement 
similarly states that an airport owner's conduct is not preempted as an 
exercise of its proprietary powers when such exercise is reasonable, 
nondiscriminatory, nonburdensome to interstate commerce, and designed 
to accomplish a legitimate State objective in a manner that does not 
conflict with the provisions and policies of the aviation provisions of 
Title 49 of the United States Code. 14 CFR 399.110(f).
    In the British Airways case, the Port Authority of New York and New 
Jersey banned the Concorde SST aircraft from using Kennedy 
International Airport pending a six-month study of operating experience 
at other U.S. airports. Rather than applying its 1951 noise standard to 
the new Concorde aircraft, the Port Authority banned the aircraft based 
on its low frequency sound. Air France and British Airways challenged 
the ban, arguing among other things, that the ban was preempted by 
DOT's authorization of Concorde landings at JFK and provision of 
detailed regulations for noise control at the airport, and that it was 
discriminatory and an undue burden on commerce. The Court of Appeals 
held that the Port Authority possessed the power and bore the 
responsibility to establish fair, even-handed and nondiscriminatory 
regulations designed to abate the effect of aircraft noise on 
surrounding communities and directed the lower court to conduct an 
evidentiary hearing on the reasonableness of the Port Authority's ban 
based upon low frequency sound.
    Subsequent to the first ruling, the Port Authority resisted in 
responding to the airlines' desire to secure a fair test of their 
aircraft in New York. The Port Authority refused to accord landing 
rights to an airplane that was capable of meeting its rule that had 
consistently been applied to all other aircraft for nearly 20 years--
112 PNdB. As a result, the carriers brought suit again. In the second 
British Airways case, the Court of Appeals affirmed its prior ruling 
concerning the limitations of proprietary powers. The court then 
affirmed the enjoining of further prohibition of Concorde operations at 
Kennedy Airport until the Port Authority promulgated a reasonable, 
nonarbitary and nondiscriminatory noise regulation that all aircraft 
were afforded the opportunity to meet. The action of the Port Authority 
purporting to exercise delegated authority to regulate noise was held 
to constitute unjust discrimination within the meaning of the AAIA when 
the action resulted in denial of use of the airport to aircraft that 
met noise standards applies to other aircraft allowed to use the 
airport.
    The court pointed out that with respect to the reasonableness of 
airport

[[Page 43817]]

use restrictions, it is important that they be found on ``definitive 
findings, based on substantial evidence, that the proposed use would 
jeopardize the health, safety, or welfare of the public.'' British 
Airways, 564 F.2d 102, 1014 (2d Cir. 1977).
    A noise curfew prohibiting the arrival or departure on a non-
emergency basis of any aircraft between the hours of 12 midnight and 7 
a.m. applying to all aircraft regardless of the noise emission level of 
degree of noise produced was found to be an unreasonable, arbitrary, 
and discriminatory and overbroad exercise of power by the county in 
U.S. v. Westchester, 571 F. Supp. 786 (S.D.N.Y. 1983).
    In City and County of San Francisco v. FAA, 942 F.2d 1391 (9th Cir. 
1991), a city regulation was interpreted to ban a retrofitted Q-707 
meeting Stage 2 standards from using the airport while other Stage 2 
aircraft making similar levels of noise were permitted. The aircraft 
operator filed a complaint with the FAA alleging that exclusion of its 
retrofitted 707 was unjustly discriminatory in violation of the city's 
Airport Improvement Program grant assurances. A DOT law judge found 
that the city had breached its grant assurance that it would operate 
the airport without unjust discrimination. The FAA Administrator 
affirmed the law judge's finding because the city's noise regulation 
allowed aircraft that were equally noisy or noisier than Q-707's to 
operate at the airport and increase in number without limit, while 
excluding the Q-707 based on a characteristic that had no bearing on 
noise (date of type-certification as meeting Stage 2 requirements). 
Thus, the regulation violated the statutory requirement and the city's 
grant assurance requirement that the airport would be available without 
unjust discrimination. The Ninth Circuit Court of Appeals upheld the 
FAA's interpretation of the statutory and grant assurance requirements 
as reasonable. This case, as in the British Airways cases, illustrates 
that use of noise control regulations by an airport proprietor to bar 
aircraft on a basis other than noise, or without a factual basis, was 
found to be inconsistent with a fair and efficient national air 
transportation system.
    Airport proprietors are also prohibited from enacting noise 
restrictions that would impose an undue burden on interstate commerce. 
The Commerce Clause prohibits any state or local government actions 
that would unconstitutionally burden interstate commerce. For the most 
part, noise ordinances that would violate the Commerce Clause when the 
particular means chosen by the proprietor to achieve its goals are 
irrational, arbitrary or unrelated to those goals. For example, a court 
would likely strike down a noise ordinance if its purpose was in fact 
to disfavor interstate commerce, its benefits were illusory or 
insignificant, or impermissible parochial considerations 
unconstitutionally burdened interstate commerce. In U.S. v. 
Westchester, 571 F. Supp. 786 (S.D.N.Y. 1983), the court found that a 
blanket nighttime curfew regardless of noise emission had an adverse 
impact on the flow of air commerce because it interfered with and 
prevented the efficient use of the navigable airspace, resulting in 
bunching of flights, delays in flights not only at Westchester County 
Airport but at LaGuardia and other airports in the metropolitan area, 
and disruption in the flow of air traffic in the New York City 
metropolitan area. The curfew further represented an unlawful exercise 
of local police power by the County.
    In National Aviation v. Hayward, 418 F. Supp. 417 (N.D. Cal. 1976), 
the court reviewed the constitutionality of an ordinance which 
prohibited the operation of aircraft between the hours of 11 p.m. and 7 
a.m. by aircraft which exceeded a noise level of 75 dBA. The plaintiffs 
argued that the ordinance burdened interstate commerce by forcing them 
to make their flights from Oakland Airport rather than Hayward Air 
Terminal, thereby impairing their ability to deliver mail and 
newspapers to customers in California and other nearby states. The 
court upheld the airport's nighttime noise level limitation as a valid 
exercise of proprietary rights. On application of a balancing test 
under the Commerce Clause, the court found that the burden imposed on 
the flow of commerce was incidental and did not overcome the local 
interest in controlling noise levels at Hayward Air Terminal during 
late evening and morning hours. The nighttime noise level limitation 
did not sufficiently reduce the value of aircraft operator leases so as 
to be an unlawful taking under the 14th Amendment.
    In Santa Monica Airport association v. City of Santa Monica, 659 
F.2d 100 (9th Cir. 1981), the court stuck down an airport ban on the 
operation of jet aircraft on the basis of noise under the Commerce and 
Equal Protection Clauses of the U.S. Constitution because the quality 
and quantity of noise emitted by the jets had no greater tendency to 
irritate and annoy than that emitted by permitted propeller-driven 
aircraft.
    In Alaska Airlines v. City of Long Beach, 951 F.2d 977 (9th Cir. 
1991), the City of Long Beach had enacted a curfew in 1981 which 
limited air carrier flights to 15 per day and required carriers to use 
quieter aircraft. The Court of Appeals overruled the district court's 
findings that the ordinance was preempted by Federal law, impermissibly 
burdened interstate commerce, violated equal protection principles, and 
was arbitrary and capricious, or otherwise not rationally related to 
legitimate governmental concerns. The Court of Appeals found that each 
of the challenged provisions of the ordinance was sufficiently 
supported by a reasonable and legitimate justification.
    Airports that are recipients of Federal airport development grants 
have specific contractual duties, under the terms of their airport 
development grant agreements, to ensure that their facilities are 
available under equitable conditions. These obligations include the 
duty to ensure that the airport is available for public use on fair and 
reasonable terms and without unjust discrimination, and that no 
restriction results in the establishment of an exclusive right. The 
courts have made it clear that these contractual obligations are an 
important aspect of the limitations on an airport owner's authority to 
control aircraft noise, for example, in the issuance of curfews.
    In U.S. v. Westchester, 571 F. Supp. 786 (S.D.N.Y. 1983), discussed 
in part above, the court also found that the county had obligated 
itself by the FAA's grant assurances to make the airport available for 
public use on fair and reasonable terms, without unjust discrimination, 
and at all times. The court noted that failure to comply with the 
conditions of a grant authorized the FAA to suspend current grant 
payments and withhold future grants. The court held that Westchester's 
curfew on flight operations constituted a breach of the terms, 
conditions, and assurances set forth in the grant-in-aid agreements 
between the county and the FAA, and that the FAA properly refused to 
pay further grant monies to the county based on its failure to comply 
with grant conditions and assurances.
    The power thus left to the proprietor--to control what types of 
aircraft use its airports, to impose curfews or other use restrictions, 
and, subject FAA approval, to regulate runway use and flight paths--is 
not unlimited. Though not preempted, the proprietor is subject to two 
important Constitutional restrictions. It first may not take any action 
that imposes an undue burden on interstate or foreign commerce, and 
second may not unjustly discriminate between different categories of 
airport users. As discussed,

[[Page 43818]]

airport proprietors that are recipients of FAA airport development 
grants are subject to certain statutory and contractual obligations 
including that to make the airport available for public use on 
reasonable terms and conditions. Also, states, political subdivisions 
of states, and political authorities of at least two states may not 
enact or enforce a law, regulation, or other provision having the force 
and effect of law related to a price, route, or service of an air 
carrier, unless that law or regulation is consistent with the 
proprietary exception. See, 49 U.S.C. 41713.
    Our concept of the legal framework underlying this Policy Statement 
is that proprietors retain the flexibility to impose such restrictions 
if they do not violate any Constitutional or statutory proscription. We 
have been urged to undertake--and have considered carefully and 
rejected--full and complete Federal preemption of the field of aviation 
noise abatement. In our judgment the control and reduction of airport 
noise must remain a shared responsibility among airport proprietors, 
users, and governments.

Summary

    The legal framework with respect to noise may be summarized as 
follows:
     The Federal Government has preempted the areas of airspace 
use and management, air traffic control, safety and the regulation of 
aircraft noise at its source. The Federal government also has 
substantial power to influence airport development through its 
administration of the Airport Improvement Program.
     Other powers and authorities to control airport noise rest 
with the airport proprietor--including the power to select an airport 
site, acquire land, assure compatible land use, and control airport 
design, scheduling and operations--subject to Constitutional 
prohibitions against creation of an undue burden on interstate and 
foreign commerce, and unreasonable, arbitrary, and unjust 
discriminatory rules that advance the local interest, other statutory 
requirements, and interference with exclusive Federal regulatory 
responsibilities over safety and airspace management.
     State and local governments may protect their citizens 
through land use controls and other police power measures not affecting 
airspace management or aircraft operations. In addition, to the extent 
they are airport proprietors, they have the powers described in the 
preceding section.
    The authorities and responsibilities under the Policy may be 
summarized as follows:
     The Federal Government has the authority and 
responsibility to control aircraft noise by the regulation of source 
emissions, by flight operational procedures, and by management of the 
air traffic control system and navigable airspace in ways that minimize 
noise impact on residential areas, consistent with the highest 
standards of safety. The Federal government also provides financial and 
technical assistance to airport proprietors for noise reduction 
planning and abatement activities and, working with the private sector, 
conducts continuing research into noise abatement technology.
     Airport Proprietors are primarily responsible for planning 
and implementing action designed to reduce the effect of noise on 
residents of the surrounding area. Such actions include optimal site 
location, improvements in airport design, noise abatement ground 
procedures, land acquisition, and restrictions on airport use that do 
not unjustly discriminate against any user, impede the Federal interest 
in safety and management of the air navigation system, or unreasonably 
interfere with interstate or foreign commerce.
     State and Local Governments and Planning Agencies should 
provide for land use planning and development, zoning, and housing 
regulations that are compatible with airport operations.
     Air Carriers are responsible for retirement, replacement 
or retrofit for older jets that do not meet Federal noise level 
standards, and for scheduling and flying airplanes in a way that 
minimizes the impact of noise on people.
     Air Travelers and Shippers generally should bear the cost 
of noise reduction, consistent with established Federal economic and 
environmental policy that the costs of complying with laws and public 
policies should be reflected in the price of goods and services.
     Residents and Prospective Residents in areas surrounding 
airports should seek to understand the noise problem and what steps can 
be taken to minimize its effect on people. Individual and community 
responses to aircraft noise differ substantially and, for some 
individuals, a reduced level of noise may not eliminate the annoyance 
or irritation. Prospective residents of areas impacted by airport noise 
thus should be aware of the effect of noise on their quality of life 
and act accordingly.
---------------------------------------------------------------------------

    \1\ See 14 CFR Parts 71, 73, 75, 91, 93, 95, and 97
    \2\ See 14 CFR Parts 21-43, 61-67, 91, 121 through 149.
    \3\ See 49 USC 40116, 14 CFR Part 158.
    \4\ American Airlines v. Town of Hempstead, 398 F.2d 369 (2d 
Cir. 1968) Town noise ordinance that prohibited overflights over the 
village by aircraft that did not meet certain noise standards held 
invalid because Congress had preempted the field of aircraft 
operation. Compliance with the ordinance would have required the 
alteration of FAA-promulgated flight patterns and procedures 
controlling aircraft in the New York City area; American Airlines v. 
City of Audubon Park, 297 F. Supp. 207, 407 F.2d 1306 (6th Cir. 
1969) Court held that local ordinance conflicted with the glide 
slope which aircraft were required to follow in approaching the 
airport.
    \5\ See also, Minnesota Public Lobby v. Metropolitan Airport 
Commission, 520 N.W. 2d 388 (Minn. 1994) Minnesota Supreme Court 
held that the Metropolitan Airports Commission was not required to 
develop a plan to comply with state pollution control noise 
standards in operating Minneapolis-St. Paul International Airport. 
The State's noise standards as applied to MAC impinged on aircraft 
operations because (1) enforcement of the standards would severely 
limit the flexibility of the FAA in controlling aircraft flow and 
(2) compliance would be impossible without either substantially 
reducing aircraft operations, converting much of South Minneapolis 
and the surrounding suburbs to non-residential areas, or moving the 
airport. In the opinion of the court the State had no power to 
require an airport proprietor such as MAC to use its proprietary 
powers in certain ways that may have achieved compliance with the 
noise standards.
    \6\ See, e.g., Dallas Ft. Worth International Airport Board v. 
City of Irving, 854 S.W. 2d 750 (Ct. of Appeals Texas 1993), writ 
denied, 894 S.W. 2d 456 (Tex. App-Ft. Worth 1995); City of New 
Orleans v. Kenner, 1992 U.S. Dist. LEXIS 1046 (ED La 1992), 
rev'd__F.2d__ (5th Cir. 8/6/92); City of Cleveland v. City of Brook 
Park, 893 F. Supp 742 (ND Ohio 1995); City of Burbank v. BGPAA (85 
Cal Rpt. 2d 28 (1999), review den., 1999 Cal. LEXIS 5393 (Cal Sup. 
Ct. 8/11/99).
    \7\ Traditionally, airport proprietors own and operate the 
airport, promote the airport, and have the legal power to acquire 
necessady approach easements.
---------------------------------------------------------------------------

Section 4: Assessing Aviation Noise

4.1  Foundations

    The Federal government's methods and standards for measuring and 
assessing noise impacts derive from scientific research and a series of 
interagency committee reviews.
Federal Interagency Committee on Urban Noise
    In 1979 the Federal Interagency Committee on Urban Noise (FICUN) 
was formed to develop Federal policy and guidance on noise. The 
committee's membership included the Environmental Protection Agency 
(EPA), the FAA, the Federal Highway Administration, and the Departments 
of Defense (DOD), Housing and Urban Development (HUD), and Veterans 
Affairs (VA). Among other things, it developed consolidated Federal 
agency land use compatibility guidelines using Yearly Day-Night Average 
Sound Levels (DNL) as the common descriptor of noise levels. In order 
to develop the guidelines, it was also necessary to establish a 
correlation between land use and noise exposure classifications.
    The FICUN issued its report entitled Guidelines for Considering 
Noise in Land Use Planning and Control in June 1980. This report 
established the Federal government's DNL 65 dB standard and related 
guidelines. The FICUN generally agreed that standard residential 
construction was compatible for noise exposure from all sources up to 
DNL 65 dB. Their land use compatibility guidelines for noise exposure 
between DNL 65-70 dB called for building codes to require at least 25 
dB outdoor to indoor noise level reduction (NLR); between DNL 70-75 dB, 
at least 30 dB NLR.
    The FICUN considered noise exposure above DNL 75 dB to be 
``incompatible'' with all residential uses except transient lodging 
with NLR of at least 35 dB. The report contained a comprehensive 
guidelines table. This table contains the following footnote regarding 
residential and certain other noise-sensitive uses in the moderate 
exposure zone from DNL 55-65 dB:
    The designation of these uses as ``compatible'' in this [moderate 
impact] zone reflects individual Federal agencies' consideration of 
general cost and feasibility factors as well as past community 
experiences and program objectives. Localities, when evaluating the 
application of these guidelines to specific situations, may have 
different concerns or goals to consider.
    The designations contained in the FICUN's land use compatibility 
table do not constitute a Federal determination that any use of land 
covered by the program is acceptable or unacceptable under Federal, 
State, or local law. The responsibility for determining the acceptable 
and permissible land uses and the relationship between specific

[[Page 43819]]

properties and specific noise contours rests with the local 
authorities.
Aviation Safety and Noise Abatement Act of 1979
    The ASNA was the first Federal legislation specifically addressing 
airport noise compatibility. The FAA implemented the ASNA's provisions 
in Part 150. This regulation adopted the DNL metric and the 65 dB land 
use compatibility guideline. This Federal guideline has been widely 
accepted by airport proprietors as a threshold for limiting new 
residential development and for sound insulation where new development 
is permitted above this guideline. The subsection on Airport Noise 
Compatibility Planning in Section 2 addresses Part 150 provisions in 
greater detail.
Federal Interagency Committee on Noise
    In 1991, the FAA and EPA initiated the Federal Interagency 
Committee on Noise (FICON) to review technical and policy issues 
related to assessment of noise impacts around airports. Membership 
included representatives from DOD, DOT, HUD, the Department of Justice, 
VA, and the Council on Environmental Quality. The FICON review focused, 
among other things, on the manner in which noise impacts are determined 
and described and the extent of impacts outside of DNL 65 dB that 
should be reviewed in a NEPA document. The FICON's findings and 
recommendations were published in an August 1992 report, Federal Agency 
Review of Selected Airport Noise Analysis Issues.
    With respect to DNL, the FICON found that there are no new 
descriptors or metrics of sufficient scientific standing to substitute 
for the present DNL cumulative noise exposure metric. It further 
recommended continuing the use of the DN metric as the principal means 
for describing long-term noise exposure of civil and military aircraft 
operations. The FICON reaffirmed the methodology employing DNL as the 
noise exposure metric and appropriate dose-response relationships 
(primarily the Schultz curve for Percent Highly Annoyed) to determine 
community noise impacts.
    Based on these findings, the FICON supported agency discretion in 
the use of supplemental noise analysis. It also recommended that 
further analysis should be conducted of noise-sensitive areas between 
DNL 60-65 db having an increase of 3 dB or more if screening analysis 
shows that noise-sensitive areas at or above DNL 65 dB will have an 
increase of DNL 1.5 dB or more. The FICON decided not to recommend 
evaluation of aviation noise impact below DNL 60 dB because public 
heath and welfare effects below that level have not been established.
    The FICON strongly supported increasing research efforts on 
methodology development and on the impact of aircraft noise. It 
recommended a standing Federal interagency committee be established to 
assist agencies in providing adequate forums for discussion of public 
and private sector proposals identifying needed research and in 
encouraging research and development in these areas.
Federal Interagency Committee on Aviation Noise
    The Federal Interagency Committee on Aviation Noise (FICAN) was 
formed in 1993 based on the FICON report's policy recommendation to 
form a standard interagency committee for facilitating research on 
methodology development and on the impact of aircraft noise. Membership 
includes representatives from DOD, HUD, DOT and the Department of the 
Interior, as well as NASA and the EPA. Each of the Federal agencies 
conducting significant research on aviation-related noise is 
represented on FICAN. Some member agencies, such as HUD and EPA, are 
not currently conducting research but have broad policy roles with 
respect to aviation noise issues.
    The FICAN does not conduct or directly fund any research. Rather, 
it serves as a clearinghouse for Federal aircraft noise research and 
development (R&D) efforts and as a focal point for questions and 
recommendations on aviation noise R&D. Products include various 
reports, studies, analyses, findings, and conclusions. The FICAN holds 
periodic meetings, including a public forum, and issues a report on its 
activities annually. Since its inception in 1993, it has reached the 
following conclusions:
     Interagency communication between researchers will help 
researchers to understand other agencies' goals and objectives in their 
research programs; afford the opportunity for researchers to discuss 
the projects ongoing at their own or other agencies; and result in more 
efficient use of Federal funds by reducing redundancy of research, 
increasing collaboration, and pooling the talents of various agency 
scientists.
     The public forum is a valuable mechanism for soliciting 
input from interested members of the aviation profession and community 
members.
     The Acoustical Society of America should form a working 
group tasked with development a revised standard for predicting noise-
induced sleep disturbance.
    Current and future FICAN activities include:
     Working with researchers to develop individual agency 
priorities for research to address issues regarding overflight noise in 
parks and wilderness areas.
     Publishing technical positions on aviation noise topics 
based on definitive research by member agencies. Such topics include 
noise-induced sleep disturbance, non-auditory health effects, and land 
use compatibility guidelines.

4.2  Assessment Methodologies

Yearly Day-Night Average Sound Levels (DNL)
    The FAA and other Federal agencies use DNL as the primary measure 
of noise impacts on people and land uses. This cumulative metric is the 
Federal standard because it:
     Correlates well with the results of attitudinal surveys of 
residential noise impact;
     Increases with the duration of noise events, which is 
important to people's reaction;
     Takes into account the number of noise events of the full 
24 hours in a day, which also is important to people's reaction;
     Takes into account the increased sensitivity to noise at 
night by including a 10-dB nighttime penalty between 10:00 p.m. and 
7:00 a.m. to compensate for sleep disturbance and other effects;
     Allows composite measurements of all sources of community 
noise; and
     Allows quantitative comparison of noise from various 
sources with a community.
    DNL is the only metric backed with a substantial body of scientific 
survey data on the reactions of people to noise. It provides a simple 
method to compare the effectiveness of alternative airport scenarios. 
Land use planners have acquired over 20 years of working experience 
applying this metric to make zoning and planning decisions. DNL is a 
sound and workable tool for land use planning and in relating aircraft 
noise to community reaction. Experience indicates that DNL provides a 
very good measure of impacts on the quality of the human environment, 
forming an adequate basis for decisions that influence major 
transportation infrastructure projects. In an August 1992 report, the 
FICON reaffirmed both DNL as the appropriate metric for measuring 
aviation noise exposure and DNL 65 dB as the Federal Government's level 
of significance for assessing noise impacts.

[[Page 43820]]

    Some people challenge the use of DNL to assess aviation noise 
because it is a measure of exposure from cumulative events over time 
rather than a measure of exposure from a single noise event. Commonly 
cited as potential alternative metrics are the Sound Exposure Level 
(SEL), which describes cumulative noise exposure from a single event, 
and Maximum Level (Lmax), the highest level during a single 
event. Although sometimes useful as supplemental measures of noise 
exposure, single event metrics pose problems. They present neither an 
accurate picture of noise exposure nor the overall impact of noise on a 
community. Because single event metrics by definition are not 
composites of cumulative events, 100 aircraft operations a day would be 
no worse than one operation. Similarly, one event at 90 dB would be 
assessed as worse than 100 events at 89 dB. These effects clearly do 
not reflect noise impacts or annoyance reactions accurately. 
Alternatively, DNL increases with the number of operations, while 
single event measures do not. DNL combines the number of operations 
with the loudness of each operation into a cumulative noise dose. The 
resulting values correlate well with independent tests of annoyance 
from all sources of noise.
    Human response to noise involves both the maximum level and its 
duration, so the maximum sound level alone is not sufficient to 
evaluate the effect of noise on people. Clearly, people are bothered by 
individual noise events, but their sense of annoyance increases with 
the number of those noise events, and with those that occur late at 
night. The DNL metric provides a combined measure of these factors that 
can be used to evaluate existing and predicted future conditions on an 
unambiguous, single-number basis. Although DNL is an average of 
cumulative noise levels, sound levels of the loudest events control the 
DNL calculation. Both Lmax and SEL measure individual sound 
events that may occur only once, or may occur several times during the 
day. The number of times these events occur and when they occur are 
important in measuring the noise environment. DNL is a time-average of 
the total sound energy over a 24-hour period, adjusted by providing a 
10 dB penalty to sound levels occurring between 10PM and 7AM. This 10 
dB penalty means that one nighttime sound event is equivalent to 10 
daytime events of the same level. Accordingly, DNL combines both the 
intensity and number of single noise events with a nighttime weighting 
factor in a manner that is strongly influenced by maximum sound levels.
    Recognizing that DNL often is criticized based on perceptions of 
community annoyance, the FICON reaffirmed that complaints are an 
inadequate indicator of the full extent of noise effects on a 
population. The DNL 65 dB level of significance does not mean that no 
one is annoyed below that level. Extensive research has been conducted 
to evaluate annoyance. In an attempt to meet demand for a usable and 
uniform relationship between noise and annoyance, T.J. Schultz reviewed 
the results of 161 social surveys where data were available to make a 
consistent judgment concerning what percent of the population was 
``highly annoyed'' (%HA). The surveys were of community reactions to 
several types of transportation noises such as road traffic, railroad, 
and aircraft noises. The results agreed fairly well with one another, 
and Schultz developed an equation for describing the relationship 
between the level of exposure (in DNL) and percent of population highly 
annoyed. Schultz published the results of the surveys in 1978 in 
``Synthesis of Social Surveys on Noise Annoyance.'' In 1992, the US Air 
Force updated Schultz's research with a total of 400 surveys. 
Comparison of the original and updated results indicate that they 
differ by less than two percent in the DNL range from 45 to 75 dB. The 
following chart presents the relationship between %HA and DNL:
[GRAPHIC] [TIFF OMITTED] TN14JY00.006

    The Schultz curve indicates that about 12 percent of people living 
at DNL 65 dB report themselves to be ``highly annoyed'' by 
transportation noise. About 3 percent are highly annoyed at a DNL of 55 
dB.
Noise Analysis Criteria for Changes in DNL
    The DNL 65 dB contour remains the FAA's lower limit for defining 
significant noise impact on people. For a variety of reasons, noise 
predictions and interpretations are frequently less reliable below DNL 
65 dB. DNL prediction models tend to degrade in accuracy at large 
distances from the airport. Smaller proportions of the population are 
highly annoyed with successive decreases in noise levels below DNL 65 
dB. The FICON studied criteria for predicting changes in community 
annoyance below DNL 65

[[Page 43821]]

dB. It found that a DNL 3 dB increase at the DNL 60 dB level is 
generally consistent with the existing DNL 1.5 dB screening criterion 
at the DNL 65 dB level. This finding was based on using the Schultz 
curve to relate changes in impact level with changes in DNL. Increases 
of 5 dB at DNL 55 dB, 3 dB at DNL 60 dB, and 1.5 dB at DNL 65 dB all 
resulted in a three percent increase in %HA.
    For airport development and other actions in the vicinity of an 
airport, the FAA guidelines for screening based on changes in aviation 
noise impacts above and below DNL 65 dB follow:
    DLN 65 dB and above--An increase in noise exposure of 1.5 dB or 
more at these levels is considered a significant addition of noise. A 
Federal action resulting in such an increase would require an 
environmental impact statement (EIS).
    DLN 60-65 dB--Increases in noise of 3 dB or more that remain 
between DNL 60-65 dB do not result in significant exposure but can be 
noticeable and may be highly annoying to some people. The FAA will 
consider mitigation options but would not require an EIS in noise-
sensitive areas between DNL 60-65 dB that are projected to have an 
increase of 3 dB or more as a result of the proposed changes.
    For air traffic changes farther away from an airport, FAA 
recognizes that some actions in areas below DNL 60 dB may produce 
noticeable noise increases and generate adverse community reaction. 
Although increases in noise in these areas are well below the standard 
criteria for significant impact, the FAA's air traffic screening 
procedures provide mechanisms to identify whether there are 
extraordinary circumstances warranting an EA.
Supplemental Metrics
    The FICON recognized that DNL can be supplemented by other metrics 
on a case-by-case basis, but advised continued agency discretion in the 
use of supplemental noise analysis. It found that the use of 
supplemental metrics is limited because threshold levels of significant 
impact have not been established and there is no accepted methodology 
for aggregating these values into a cumulative impact description. 
Supplemental metrics can be useful in characterizing specific events 
and enhancing the public's understanding of potential effects resulting 
from proposed changes in aircraft operations. Supplemental single event 
analysis sometimes is conducted to evaluate sleep disturbance and, less 
frequently, specific speech interference issues. For proposed FAA 
actions in the vicinity of national parks in pristine areas and land 
uses such a wildlife refuges where the Part 150 land use compatibility 
guidelines bear little relevance, the FAA supplements DNL noise 
analysis with other metrics on a case-by-case basis. The following 
metrics are useful for site-specific applications on a case-by-case 
basis:
    Equivalent Sound Level (Leq) is a cumulative metric that 
can be appropriate where aircraft noise can affect activity periods of 
less than 24-hour duration.
    Maximum Sound Level (Lmax) is a single event metric that 
can be used to describe the greatest sound level in decibels during a 
given time period at a noise-sensitive location.
    Sound Exposure Level (SEL) is a single event metric that can be 
used to describe noise exposure at noise-sensitive locations. This 
metric can be expressed both in terms of maximum levels and number of 
occurrences at varying levels.
    Time Above dBA Threshold (TA) is a metric that can be used in the 
same situations as Leq, such as measuring noise exposure 
within specific time periods. The designation of threshold to be used 
in supplemental TA measurements may be defined with respect to speech 
interference or the ambient (background) noise level.

4.3  Aircraft Research in National Parks

    In 1987, the U.S. Congress enacted Public Law (PL) 100-91, the 
National Parks Overflight Act, which called for the NPS to recommend to 
the FAA actions for the substantial restoration ``natural quiet'' to 
the Grand Canyon National Park (GCNP). One year later, the FAA issued 
the Special Federal Aviation Regulation (SFAR) 50-2, creating a Special 
Flight Rules Area, flight-free zones, and defined routes for commercial 
air tours and sightseeing within the GCNP. Another milestone occurred 
in 1995 when the NPS presented a report to Congress on aircraft noise 
in national parks.
    The FAA and the NPS initiated a model validation process. In August 
1999, the agencies hosted a two-day meeting at Grand Canyon National 
Park of eight internationally recognized acoustics experts (the 
Technical Review Committee (TRC)). Representatives from Harris, Miller, 
Miller and Hanson; Volpe National Transportation System Center; and 
Wylie Laboratories worked with the TRC to develop a protocol that would 
measure the output of various acoustic models against the actual 
acoustic environment in the Grand Canyon National Park. The desired 
outcome of the process is a level of confidence in the ability of the 
tested models to replicate the conditions found in the park. The on-
site data was collected during the month of September 1999 and a Spring 
2000 report is planned. The TRC will be asked to review and comment on 
the results.

4.4  Research on Low Frequency Noise

    The issue of low frequency aircraft noise and its impact on 
structural integrity and human health was explored in detail as part of 
the environmental assessment of the introduction of Concorde supersonic 
transport operations into the United States. Potential impacts were 
found to be negligible. Field studies found that the noise-induced 
vibrations as a result of Concorde operations cause no structural 
damage. In addition, the Concorde sound pressure levels at low 
frequencies were found to be well below the EPA threshold for potential 
health impact. As a result of these findings, the FAA concluded that 
low frequency noise of subsonic aircraft in a typical airport 
environment had no significant impact on structures or human health. 
This does not mean that there may not be some noticeable vibration in 
certain cases.
    Human annoyance resulting from the effects of aircraft noise 
induced structural vibration is a recently raised concern. Low 
frequency noise and perceptible vibration may be experienced when 
aircraft noise levels are high (near the start of takeoff roll) and 
there are many aircraft events. This same combination of factors also 
tends to lead to high DNL levels (generally within the 65 DNL contour 
or higher). However, unlike the widely accepted relationship between 
aircraft noise exposure in DNL and community annoyance, there does not 
currently exist a scientific consensus or Federal guidelines on the 
human annoyance effects of noise-induced structural vibration.
    Overall evidence recently evaluated by the FAA suggests low 
frequency noise is not a separate impact phenomenon, but rather is 
connected to high cumulative aircraft noise exposure levels. It may be 
of concern under certain conditions in areas already within the 65 DNL 
contour due to higher frequency noise. Perceptible vibration due to low 
frequency noise may be a secondary effect under certain conditions 
(e.g., home location relative to takeoff roll and aircraft fleet 
composition) in homes that are exposed to high levels of aircraft noise 
as calculated with the DNL metric. The

[[Page 43822]]

FAA supports and promotes further research on this issue through FICAN.

Section 5: Source Noise Reduction

    Commercial air transportation became a major factor in the U.S. 
economy with the introduction of jet-powered civil transport aircraft 
into passenger service in the early 1960's. The economic vitality of 
jet service triggered explosive growth both in the air transportation 
industry and in those cities and industries it serviced. However, as 
airports grew in size and importance, the areas adversely impacted by 
aviation noise also expanded. Despite economic and transportation 
benefits, as air service expanded to new communities and flight 
frequencies increased, complaints about aviation's noise impact became 
common.
    As noise became a major concern, both the Federal government and 
the aviation industry sponsored research into ways to resolve noise 
problems. In the 1960's, aircraft and engine manufacturers jointly 
developed the first generation of low-bypass ratio turbofan engines 
that were both lower in noise and more fuel-efficient than the turbojet 
engines then in use. In the early 1970s, another major technological 
advancement occurred with the introduction of the second generation of 
high-bypass turbofan engines. These research efforts contributed to 
considerable progress in aircraft noise reduction through quiet engine 
designs.

5.1  Aircraft Source Noise Standards

    On July 21, 1968, Congress passed the Aircraft Noise Abatement Act 
of 1968 (49 U.S.C. 44709, 44715), giving the FAA its first express 
authority to regulate aircraft noise through the establishment of 
aircraft noise standards. Beginning in 1968, the FAA developed 
certification standards, first for measuring and then for limiting 
aircraft noise at the source. These certification standards, which 
paralleled technological improvements in airplane engine designs, are 
codified in 14 CFR Part 36. The adoption of Part 36 in 1969 prohibited 
the further escalation of aircraft noise levels of subsonic civil 
turbojet and transport category airplanes, and required new airplane 
types to be markedly quieter than the generation of turbojets that were 
developed in the late 1950's and early 1960's.
    The historical evolution of the FAA's certification standards from 
Stage 1 to Stage 2 to Stage 3 assisted U.S. airframe manufacturers in 
gaining a competitive advantage by providing the quietest and most 
fuel-efficient airplanes available. Effective December 1, 1969, the 
first U.S. aircraft noise regulations in Part 36 set a limit on noise 
emissions of large aircraft of new design by establishing Stage 2 
certification standards. Stage 2 criteria served as the basic standard 
for engine noise and were based on then-current technology and 
initially applied only to new types of airplanes. Under the Noise 
Control Act of 1972, the FAA was given broader authority to set limits 
for aircraft noise emissions. This authority is codified in 49 U.S.C. 
44715.
    On February 25, 1977, the FAA amended Part 36 to establish three 
levels (or stages) of aircraft noise with specified limits, and 
prescribed definitions for identifying those airplanes classified under 
each stage. It also required applicants for new type certificates 
applied for on or after November 5, 1975, to comply with what are now 
known as Stage 3 noise standards, and to prescribe the acoustical 
change requirements for airplanes in each noise level stage under Part 
36. The amendment was ``intended to encourage the introduction of the 
newest generation of airplanes, as soon as practicable'' and provide a 
compliance schedule to maximize the incentive to replace rather than 
retrofit older aircraft. This amendment prescribed the noise level 
standards for that ``newest generation of airplanes.'' The three stages 
of aircraft noise established in Part 36 have been used as the noise 
operating limits for civil subsonic turbojet aircraft in the phaseouts 
of both Stage 1 and Stage 2 airplanes.

5.2  Airplane Operating Noise Limits--Stage 1 Phaseout

    When the 1976 Policy was published, it announced a program which 
would ultimately prohibit operation within U.S. airspace of any civil, 
subsonic turbojet airplanes with a standard airworthiness certificate 
and with maximum takeoff weights of more than 75,000 pounds that had 
not been shown to meet the Stage 2 noise standards contained in Part 
36. In accordance with the 1976 Policy, the FAA adopted regulations 
that in part established a phased compliance program for U.S. domestic 
operations to reduce aircraft noise. Subpart 1 of Part 91 required that 
civil subsonic airplanes with a gross weight of more than 75,000 pounds 
comply with Part 36 Stage 2 or Stage 3 noise levels by January 1, 1985, 
in order to operate in the United States. Compliance could be achieved 
by (1) replacing the older fleet with new, quieter airplanes; (2) re-
engining the aircraft; or (3) using noise reduction technology, such as 
hushkits, that has been shown to be technologically feasible and 
economically reasonable for use on older turbojets.
    On February 18, 1980, the Congress enacted the Aviation Safety and 
Noise Abatement Act of 1979 (ASNA). Title III of that Act required the 
FAA to promulgate regulations extending application of the January 1, 
1985, cut-off date for turbojet aircraft to U.S. and foreign 
international operators if no international agreement could be achieved 
on a compliance deadline. Since no such agreement could be reached, on 
November 28, 1980, the FAA amended Sec. 91.303 to make it applicable to 
all operators for their operations in the U.S. The ASNA also mandated 
that certain civil two-engine turbojet airplanes with 100 of fewer 
seats be given exemptions from the noise rule until January 1, 1988 
(the so-called ``small community service'' exemptions). The FAA 
implemented the ``service to small community'' exemption for two-engine 
subsonic airplanes in Sec. 91.307.

5.3  Airplane Operating Noise Limits--Stage 2 Phaseout

    Through passage of the Airport Noise and Capacity Act of 1990 
(ANCA), Congress directed that domestic and foreign civil subsonic 
turbojet airplanes with maximum weight of more than 75,000 pounds must 
meet Stage 3 standards to operate within the contiguous United States 
after December 31, 1999. In implementing this statutory requirement, 
the FAA promulgated a rule in 14 CFR Part 91, Subpart I, requiring that 
domestic and foreign airplanes that do not meet Part 36 Stage 3 noise 
levels either be retired or modified to meet those levels. To bring 
about the earliest feasible reduction of noise levels, interim 
compliance deadlines for phaseout of Stage 2 and transition to Stage 3 
airplane fleets were established on the basis of technological and 
economic reasonableness. Interim compliance options and related 
deadlines are:
Phaseout Method
    An operator could choose to reduce the number of Stage 2 airplanes 
it maintains on its operations specifications for operation in the 
contiguous United States to the required percentage of its established 
base level number on each compliance date as follows:
    After December 31, 1994, 75 percent of its base level;
    After December 31, 1996, 50 percent of its base level; and
    After December 31, 1998, 25 percent of its base level.

[[Page 43823]]

Fleet Mix Method
    An aircraft operator could choose to increase the number of Stage 3 
airplanes it maintains on its operations specifications for operation 
in the contiguous United States so that its fleet consists of:
    Not less than 55 percent Stage 3 airplanes after December 31, 1994;
    Not less than 65 percent Stage 3 airplanes after December 31, 1996; 
and,
    Not less than 75 percent Stage 3 airplanes after December 31, 1998.
New Entrant Compliance
    A new entrant air carrier (a domestic or foreign air carrier 
beginning service in the contiguous United States after November 5, 
1990) must increase the number of Stage 3 airplanes it maintains on its 
operations specifications for operation in the contiguous United States 
so that its fleet consists of:
    At least 25 percent Stage 3 airplanes after December 31, 1994;
    At least 50 percent Stage 3 airplanes after December 31, 1996; and
    At least 75 percent Stage 3 airplanes after December 31, 1998.
    The regulations require all operators of subject airplanes to 
report compliance progress to the FAA annually. They also provide 
separate criteria for interim and final compliance waivers. As 
prescribed in ANCA, a final compliance waiver may only be granted by 
the Secretary of Transportation (through delegation, by the FAA) to a 
domestic air carrier for no more than 15 percent of its fleet and that 
has achieved a fleet mix of at least 85 percent Stage 3 airplanes by 
July 1, 1999. Any final compliance waiver granted may not extend beyond 
December 31, 2003.

5.4  Potential Gains From Source Noise Reduction Research

    Federal policy recognizes noise impacts on populations and 
emphasizes source reduction to alleviate those impacts. This policy 
initiated the Stage 1 phaseout, which subsequently was codified into 
Federal law. It also resulted in the establishment of Stage 3 
standards. In conjunction with additional Federal legislation, the 
Federal government's aviation noise policy facilitated the phaseout of 
Stage 2 airplanes by the year 2000. In keeping with this policy, the 
FAA places a high priority on developing future aircraft noise 
reduction technology to support the continued expansion of the national 
aviation system.
    In early 1992, the FAA and NASA began sponsorship of a multiyear 
program focused on achieving significant noise reduction technology 
advances. In October 1992, Congress mandated that the FAA and NASA 
jointly conduct an aircraft noise reduction research program, the goal 
of which is to develop, by the year 2001, technologies for subsonic jet 
aircraft to operate at reduced noise levels. Current and projected 
funding of this project in the FAA's and NASA's co-sponsored research 
program will exceed $200 million by the year 2000. The project's stated 
goal is to develop technology to reduce the community noise impact of 
the future subsonic airplanes by 10 dB (relative to 1992 technology).
Future Noise Standards
    The FAA is a major participant on an ICAO Committee on Aviation 
Environmental Protection (CAEP) technical working group that is 
formulating proposals for an increase in stringency of the 
international noise standard for subsonic jet and large propeller-
driven airplanes. The FAA plans to set new Stage 4 standards by early 
in the next century. New standards would result in a future timed 
transition to a generation of airplanes quieter than Stage 3, similar 
to source-noise reduction transitions that have been implemented since 
the 1976 Policy.
    The Secretary of Transportation's flagship initiative supports the 
development of more stringent aircraft noise standards. FAA is 
aggressively pursuing the development of international certification 
noise standards for turbojet airplanes that will be more stringent than 
the current Stage 3 standards; and, developing models to assess new 
noise abatement technologies that will encourage introduction of 
quieter planes.
Source Noise Reductions for Aircraft Under 75,000 lbs.
    Commercial and business aircraft of not more than 75,000 pounds 
gross weight make a significant contribution to aviation in the United 
States. They often provide the bridge between smaller communities and 
the major air carrier airports. Generally, this task is performed by 
commuter aircraft and specialized air traffic services. Privately owned 
business aircraft also make a contribution to the system by providing 
specialized point-to-point service for corporate executives and staff. 
This service saves valuable time and relieves hub congestion while 
providing increased aircraft capacity to the system. Each of these 
classes of smaller aircraft makes its unique contribution to the 
overall efficiency of aviation. Together, they extend air service to 
many smaller outlying areas, both rural settings and suburban.
    The Stage 1 and Stage 2 airplane phaseouts affected only large 
commercial airplanes with a gross weight of more than 75,000 pounds. 
There are no provisions in either Federal law or FAA regulations that 
are directed at phasing out airplanes of not more than 75,000 pounds. 
In 1990-91, the FAA undertook a study in accordance with the provisions 
of 49 U.S.C. 47525 to determine whether requirements governing noise 
and access restrictions in Part 161 should apply to Stage 2 airplanes 
of not more than 75,000 pounds as well as to those above that weight. 
After careful consideration of the various issues involved and of 
comments received from the public, the FAA concluded that the analysis, 
notice, and comment provisions for proposed restrictions should apply 
to all Stage 2 aircraft operations regardless of gross weight. This 
conclusion was based on the need to protect the interests of all 
segments of aviation and of the general public.
    The National Business Aviation Association (NBAA) passed a 
resolution in January 1998 that is a first step in voluntary 
elimination of noisy business aircraft. Coordinated with the FAA, the 
resolution calls for the NBAA's 5,200 members to refrain from adding 
Stage 1 aircraft to their fleets beginning in January 2000 and to end 
the operation of Stage 1 aircraft by January 2005. This resolution 
affects business aircraft at or below 75,000 pounds. In the absence of 
specific Federal legislation, the FAA encourages and supports voluntary 
efforts by the aviation industry that will result in reducing noise of 
Stage 1 and Stage 2 aircraft of not more than 75,000 pounds in gross 
weight.
Helicopter Noise Reduction Research
    44 U.S.C. 44715 directs the FAA to prescribe and amend aircraft 
noise standards taking into consideration whether the standard is 
economically reasonable, technologically feasible and appropriate for 
the applicable aircraft, aircraft engine, appliance, or certificate. An 
FAA research project seeks to demonstrate the technological and 
economical feasibility of incorporating existing noise abatement 
technology concepts into the designs of light helicopters produced by 
small manufacturers. The project is a technology transfer effort that 
will address existing noise abatement design concepts for individual 
small helicopter designs. Prototype hardware will be constructed and 
tested, or existing airframe designs modified, to demonstrate the 
airworthiness and noise reduction potential of the noise abatement 
designs. The FAA-sponsored

[[Page 43824]]

activity is a follow-on to the similar NASA research program directed 
toward the larger, more technologically advanced manufacturers and 
involving the development of advanced noise design technologies.
General Aviation Noise Reduction Research
    In 1994, Congress directed that the FAA and NASA jointly conduct a 
noise study of propeller-driven small airplanes and rotorcraft to 
identify noise reduction technologies, evaluate the status of R&D and 
determine the need for addition research activities. For propeller-
drive small airplanes, the study identified the need for user-friendly 
tools to design quieter propellers, engine systems optimized for low 
noise, and demonstration of these concepts.
    The FAA and NASA initiated a government/industry/university 
partnership for acoustics technologies following the findings of the 
study. This research supports the General Aviation Action Plan (GAAP), 
which was developed by the general aviation (GA) industry and the FAA. 
One of the goals of the GAAP is to promote the development of new 
methodologies and technologies that will reduce the overall perceived 
noise footprint of GA aircraft. In response, the FAA and NASA are co-
sponsoring a research program that seeks to identify and develop 
propeller-driven aircraft noise reduction and control technologies. The 
objective of the project is to enable U.S. manufacturers to produce 
quieter propeller-driven airplanes.

Appendix: References

Source Literature

Acoustical Society of America. 1980. Sound Level Descriptors for 
Determination of Compatible Land Use. ANSI S12.40-1990.
Federal Interagency Committee on Noise (FICON), 1992. Federal Agency 
Review of Selected Airport Noise Analysis Issues. Washington, D.C.: 
FICON.
Federal Interagency Committee on Urban Noise (FICUN), 1980. 
Guidelines for Considering Noise in Land Use Planning and Control. 
(U.S. Government Printing Office Report #1981-337-066/8071) 
Washington, D.C.: FICUN.
International Civil Aviation Organization (ICAO). Committee on 
Aviation Environmental Protection. 1995. Evolution of the Noise 
Climate Around Airports. Working Paper Number 59. Montreal, Canada: 
ICAO.
National Research Council (NRC). Assembly of Behavioral and Social 
Sciences. Committee on Hearing, Bioacoustics and Biomechanics 
(CHABA). 1977. Guidelines for Preparing Environmental Impact 
Statements on Noise. Report of Working Group 69. Washington, D.C.: 
National Research Council.
National Research Council (NRC). Assembly of Behavioral and Social 
Sciences. Committee on Hearing, Bioacoustics and Biomechanics 
(CHABA). 1981. Assessment of Community Response to High-Energy 
Impulsive Sounds. Report of Working Group 84. Washington, D.C.: 
National Research Council.
National Research Council (NRC). Assembly of Behavioral and Social 
Sciences. Committee on Hearing, Bioacoustics and Biomechanics 
(CHABA). 1981. The Effects on Human Health from Long-term Exposures 
to Noise. Report of Working Group 81. Washington, D.C.: National 
Research Council.
Schultz, T.J., 1978. ``Synthesis of Social Surveys on Noise 
Annoyance.'' Journal of the Acoustical Society of America. 64(2): 
377-405.
U.S. Department of Transportation. Office of the Secretary and 
Federal Aviation Administration, 1976. Aviation Noise Abatement 
Policy. Washington, D.C.: U.S. DOT, FAA.
U.S. Department of Transportation. Federal Aviation Administration. 
Office of Environment and Energy. 1984. Land Use Compatibility 
Study: Aircraft Noise and Land Use. FAA-AEE-84-16. Washington, D.C.: 
U.S. DOT, FAA.
U.S. Department of Transportation. Federal Aviation Administration. 
Office of Environment and Energy. 1989. Report to Congress on the 
Airport Noise Compatibility Planning Program. Washington, D.C.: U.S. 
DOT, FAA.
U.S. Department of Transportation. Federal Aviation Administration. 
1993. Noise Abatement Departure Profiles. Advisory Circular 91.53A. 
Washington, D.C.: U.S. DOT, FAA.
U.S. Department of Transportation. Federal Aviation Administration. 
Office of Environment and Energy. 1994. Future Noise Contour 
Analysis. FAA-AEE-96-06. Washington, D.C.: U.S. DOT, FAA.
U.S. Environmental Protection Agency. 1973. Public Health and 
Welfare Criteria for Noise, July 27, 1973. EPA Report 550/9-73-002. 
Washington, D.C. U.S. EPA.
U.S. Environmental Protection Agency. Office of Noise Abatement and 
Control. 1974. Information on Levels of Environmental Noise 
Requisite to Protect Public Health and Welfare with an Adequate 
Margin of Safety. EPA Report No. 550/9-74-004. Washington, D.C.: 
U.S. EPA.
U.S. Environmental Protection Agency. 1982. Guidelines for Noise 
Impact Analysis. EPA-550/9-82-105. Springfield, Va.: National 
Technical Information Service (PB82-219205).

Statutes

Aircraft Noise Abatement Act of 1968 (49 U.S.C. 44709, 44715).
Noise Control Act of 1972 (NCA) (49 U.S.C. 44709, 44715).
Aviation Safety and Noise Abatement Act of 1979 (ASNA) (49 U.S.C. 
40116, 46505, 47501-47508).
Airport Noise and Capacity Act of 1990 (ANCA) (49 U.S.C. 47521-
47533).
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et 
seq.)

Regulations in 14 CFR

Part 36, Noise Standards: Aircraft Type and Airworthiness 
Certification.
Part 91, General Operating and Flight Rules; Subpart I, Operating 
Noise Limits.
Part 150, Airport Noise Compatibility Planning.
Part 161, Notice and Approval of Airport Noise and Access 
Restrictions.
[FR Doc. 00-17784 Filed 7-13-00; 8:45 am]
BILLING CODE 4910-13-M