History of Noise Abatement and Legislative Acts

In the early days of commercial aviation, people close to an airport were not affected by the occasional propeller driven aircraft over-flying their communities. The problem of aircraft noise became increasingly apparent with the beginning of the jet age in the late 1960's and early 1970's.

The Airline Deregulation Act of 1978 intensified the issue of airport noise. This act allowed a more competitive environment between the air carriers and which routes that they served. This increased competition brought better and more affordable services, an increase in demand, and unfortunately, an increase in aircraft noise especially jet noise.

As air travel expanded, residents living in close proximity to the nation's airports became increasingly concerned. These residents began to form activist groups and take action against local policy makers and airport operators. Irritated citizens raised their visibility by increasing complaints and environmental awareness. The airport noise issue became a serious problem between the airports, airlines, and the residents living close to the nation's airports.

Aircraft noise became a concern in 1970 when federal agencies began studying the problem and developing planning guidelines. The National Environmental Policy Act of 1969 (NEPA) was the first act of federal legislation that required airport operators to study and analyze aircraft noise impacts before undertaking major development or improvement projects. For airport operators to gain approval for major projects, they had to develop an Environmental Impact Statement (EIS) that outlined the potential noise impacts of any proposed project on residents surrounding the airport.

Shortly after the NEPA was passed, the Department of Transportation (DOT) and the Federal Aviation Administration (FAA) adopted the Aviation Noise Abatement Policy (ANAP). The ANAP clearly identified aircraft noise responsibilities for the FAA, air carriers, airport operators, and local jurisdictions.

The ANAP identified airport noise as a local problem. The policy stated that airport operators were responsible for dealing with citizen complaints. Shortly thereafter, airport operators became the targets of many airport noise lawsuits.

The ANAP stated that the FAA would be responsible for reducing aircraft noise from the source. The FAA could accomplish this initiative by developing and approving safe and feasible operational procedures that would help minimize the impact of aircraft noise. The FAA was also responsible for promoting and encouraging efforts that would help attain more responsible and compatible land uses around the nation's airports. In addition, the FAA could develop more stringent aircraft noise standards and implement a retirement schedule for noisy aircraft.

The airlines' main responsibility under the ANAP was to effectively retire, replace or retrofit older aircraft that were not compliant with current federal noise standards. In addition, airlines were responsible for attempting to identify ways to conduct aircraft operations in a manner that would result in a minimal amount of impact to nearby residents.

ANAP made a clear distinction for residents and prospective residents in the communities surrounding the airport. The policy stated that residents living next to airports are responsible for seeking to understand the issue of airport noise and what steps could be taken to minimize its effect on people. The ANAP also stated that residents and prospective residents should be aware of the possible effects of aircraft noise and how it can affect their quality of life.

Noise Abatement Legislative Acts

Federal Aviation Regulation (FAR) Part 36, (Certificated Airplane Noise Levels), was adopted by the FAA to help reduce noise impacts from the source after ANAP was passed. The purpose of FAR Part 36 was to establish noise certification standards for new turbojet and transport category aircraft. Part 36 allowed the FAA to be able to mandate changes in turbojet noise emissions. The main focus of Part 36 was to encourage modification of engine designs that would provide a higher bypass ratio and reduce aircraft noise emissions from aircraft engine.

The FAA revised FAR Part 91 (General Operating Flight Rules) to include a schedule of removing all Stage I aircraft operating in the United States by 1975. Stage I aircraft were the noisiest aircraft of all aircraft because they had older engine technologies.

The Airport Safety and Noise Abatement Act of 1979 (ASNA) directed the FAA to establish a process for addressing airport noise and land use compatibility around the nation's airports. ASNA led to the promulgation of FAR Part 150 (Airport Noise and Land Use Compatibility Planning), which was adopted by the FAA in January 1985.

FAR Part 150 essentially provides a means for airports to accomplish comprehensive noise reduction goals. Part 150 is a federal program appropriating aviation-generated funds for the purpose of aircraft noise mitigation and land use measures in communities surrounding an airport. The development of Noise Exposure Maps (NEM) and Noise Compatibility Programs (NCP), helped communities, airport officials, and local governing bodies to work together to develop realistic noise reduction solutions and make the areas surrounding an airport more compatible with aircraft operations.

The Airport Noise and Capacity Act of 1990 (ANCA) established a uniform policy, at a national level, to expedite the retirement of the Stage 2 fleet of aircraft and transition to an all Stage 3 fleet by January 1, 2000.

A congressional investigation determined the following key points after ANCA that:

Aviation noise management is crucial for continued increases in airport capacity.
Community noise concerns have led to uncoordinated and inconsistent restrictions on aviation that could impede the national air transportation system.
A noise policy must be carried out at the national level. Local interests in aviation noise management should be considered in determining the national interest.
Community concerns can be addressed through the use of new technology aircraft and the use of revenues, including those available from passenger facility charges (PFCs) for noise management.
Revenues controlled by the United States government can help resolve noise problems and carry a responsibility to the national airport system
Revenues derived from a PFC may be applied toward noise management and increased airport capacity programs.
A precondition to the establishment and collection of PFCs are prescribed by the Secretary of Transportation in a regulation establishing procedures for reviewing airport noise and access restrictions on operations of Stage 2 and Stage 3 aircraft.

As a result of these congressional findings, the ANCA revised FAR Part 91 to include the provision that no civil subsonic turbojet aircraft weighing more than 75,000 pounds may be operated within the 48 contiguous states after January 1, 2000 unless it was proven to comply with the Stage 3 noise standards of FAR Part 36.

ANCA initiated a national program for reviewing airport noise and access restrictions. In 1991, the FAA adopted FAR Part 161 (Notice and Approval of Airport Noise and Access Restrictions) as a result of a new National Noise Policy (NNP). Part 161 outlines a stringent and lengthy process that airport operators must undergo to impose a noise or access restriction on aircraft that already comply with the new Part 36 noise standards. Part 161 requires an airport operator, when considering a Stage 3 aircraft noise or access restriction, to hold public hearings, gather documentation related to the restriction, provide public notice of the restriction, conduct an environmental assessment and perform an analysis to assess whether six specific conditions for approval have been met.

These six conditions are:

The usual tests for reasonableness and non-discrimination
Any undue burden on interstate or foreign commerce
Safe and efficient use of the navigation airspace
Lack of conflict with federal statues or regulations
Adequate opportunity for public review and comment
Any undue burden on the national aviation system

The new National Noise Policy in conjunction with Part 161 strives to seek a balance between addressing the noise concerns of residents living close to the airports and the concerns of the airlines. Since the airlines were required to make a substantial investment to comply with the new Stage 3 noise standard, they are concerned that even after the transformation to an all Stage 3 fleet, communities and airport operators may attempt to further reduce their noise emissions by restricting Stage 3 operations. Part 161 places severe limits on the ability of an airport operator to place restrictions on aircraft that comply with the new Stage 3 noise standard.

Summary

The airport noise issue continues to be a topic of concern for airport operators, airport users, and residents living close to airports. The issue is very complex and requires a multi-dimensional approach to developing and implementing feasible solutions. It has become imperative for airports to work cooperatively with community and aviation representatives to help minimize the effect of aircraft operations. In order for airport operators to acquire much needed facility and capacity enhancements, they will need to continue working side by side with all affected parties to explore new and innovative ways to address these issues.