10-18-09 AAAE ANMS Hot Topics

Presented to: 2009 AAAE Airport Noise Mitigation Symposium

By:

Rick Etter, HQ FAA, Airport Acquisition Specialist, Office of Airport Planning and Programming;

Dana Perkins, FAA Southern Region, Airports Division Noise Program Manager;

Lindy McDowell, FAA Orlando Airports Districts Office (ADO), Environmental Specialist

Date: October 05, 2009

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FAA Hot Topics

October 05, 2009 - 2009 AAAE ANMS

FAA Hot Topics Outline Status/Outlook for the FAA’s FY10 AIP Program &

Relevance to Noise Program (Dana Perkins)

FAA Noise Program Overview & Status Update (Dana Perkins)

Noise Land Inventory & Reuse Plans– Status in Meeting PGL Requirements (Rick Etter)– Sample Model Noise Land Inventory & Reuse Plan (Rick Etter)– Thoughts & Lessons Learned (Dana, Rick, Lindy)

FAA Sound Insulation Guidelines for Residential Properties (Rick Etter)

Part 150’s where contours don’t leave the airport? (Lindy McDowell)


FAA Hot Topics


Status/Outlook for FAA’s FY10 AIP Program & Relevance to Noise Program

Dana Perkins, Noise Program ManagerFAA Southern Region, Airports Division(404) 305-7152; [email protected]


FAA Hot Topics


Where We Are Today Previous Authorization – “Vision 100 – Century of

Aviation Reauthorization”– 4-Year Authorization (FY03 – FY07)– Expired 30 Sep 2007

Continuing Resolution (FY 08 – FY 09)– Resulted in a Split Program (A & B Programs)

FY09 A = $1.5B FY09 B = $2B

– FY 09 Extension Expires on 30 Sep 2009

American Recovery & Reinvestment Act of 2009– Provided an additional $1.1B for shovel-ready projects

Noise insulation project for public buildings at Chicago approved for $5M


FAA Hot Topics


AIP FY 2009


FAA Hot Topics


Where We Are TodayHouse Bill (H.R. 915), “FAA

Reauthorization Act of 2009”– Introduced Feb 09, 2009– Passed House May 21, 2009

Senate Bill (S. 1451), “FAA Air Transportation Modernization & Safety Improvement Act”– Introduced to Senate Jul 14, 2009


FAA Hot Topics


2010 AIP Funding Outlook?

Carnac says…


FAA Hot Topics


The Future If no Reauthorization by 30 Sep 2009,

Congress will need to issue a new extension

- 3 month extension?

Optimistic for Reauthorization in 1st Quarter FY10 (Oct-Jan)

Might allow a sponsor to reinvest noise land disposal $ in other AIP eligible projects if no noise projects remain


FAA Hot Topics


Side-by-side Comparison of H.R. 915 & S. 1451 (July 23, 2009 post Senate Mark-up)


FAA Hot Topics


FAA Noise Program Overview & Status Update

Dana Perkins, Noise Program ManagerFAA Southern Region, Airports Division(404) 305-7152; [email protected]


FAA Hot Topics


Outline Facts & Figures

Policy & Guidance

Noise Set-aside

Deep Thoughts…


FAA Hot Topics


Facts & Figures FAA Investment Since 1982

– $8.5B ($5.2B in AIP & $3.3B in PFC)

83,251 People Noise Mitigated (FY 2005-2008)

FAA Program Goals (FY 2004-2013)– 4% annual reduction of persons exposed (65-75 DNL)– 20,000 people/yr noise mitigated

254 Airports Issued Grants for Part 150 Studies

240 Airports with Approved NCPs

47 Projects Planned for FY 2010-2014


FAA Hot Topics


Policy & Guidance FAA AC 150/5020-1, Noise Control &

Compatibility Planning for Airports, August 1983 (under revision)– 31 Dec 2009 (Very Optimistic)

New FAA Coordination Policy for Non-standard Modeling Procedures & Methodology– File Named “07-28-09AEE&ARP Coordination

Policy-Nonstandard INM Modeling.pdf” on Conference Thumb Drive


FAA Hot Topics


New FAA Coordination Policy for Non-standard Modeling Procedures & Methodology


FAA Hot Topics


Noise Set-aside

Funds Distribution– Current Authorization requires 35% of Discretionary

funding (nationwide) to be set aside for noise & air quality mitigation (VALE)

– HQ determines which projects submitted by ADO’s are funded

– General funds allocation process

“Worst First” = National Priority Rating (NPR) #

“Best Bang for the Buck” = $/person benefit


FAA Hot Topics


Deep Thought

s…Together we are better…

Don’t tell someone you’re gonna give them a baby & then hand them a newborn rat…

Participating in the Part 150

program is like joining the U.S.

military…


FAA Hot Topics


SponsorConsultant

FAA HQ & Region

FAA ADO

Together We Are Better…

Involve FAA ADO (or RO where appropriate) early & often!


FAA Hot Topics


Don’t tell someone you’re gonna give them a baby & then hand them a newborn rat…

Manage Expectations (Sponsor & Especially Public)– ROA approval criteria outlined in 14 CFR Part 150

should be in forefront during brainstorming & NCP development.

– Make sure ATO is at the local table & if they are not, get your ADO/RO involved.

– Understand the FAA review process.– ADO/RO should not see the NEM &/or NCP for the

1st time when they are “formally” submitted to the FAA for approval or acceptance.


FAA Hot Topics


Participating in the Part 150 Program is like joining the U.S. military…

Program participation is voluntary. But… once you volunteer, the program “owns” you until you withdraw.

– 14 CFR Part 150 Requires NEM Updates:

– When there is a change (+ or -) in yearly Day-Night Average Sound Level (DNL) of 1.5 decibels (dB) or greater over noise sensitive land uses;

NCP Updates:– When NEMs reveal previously non-compatible becomes compatible or

vice versa;– When NCP elements become no longer applicable because they were

based on previous NEMs– When new NCP measures are proposed or needed

– Previously approved NCP measures affected by changes in new noise contours need to be updated in order to remain eligible for funding.

On-going mitigation measures near completion may remain eligible for purposes of n’hood equity.


FAA Hot Topics


Noise Land Inventory & Reuse Plans

Rick Etter, Acquisition SpecialistHQ FAA, Office of Airport Planning & Programming(202) 267-8773; [email protected]


FAA Hot Topics


PGL 08-02 Management of Acquired Noise Land

Sample Inventory and Re-use Plan Submittal

Status of Submittals

Noise Land Inventory & Re-Use Plan


FAA Hot Topics


FAA Requirements to Manage Noise LandPGL 08-02 Management of Acquired Noise Land:

Inventory - Reuse - DisposalSECTION 1. OBLIGATIONS ASSOCIATED WITH THE ACQUISITION OF NOISE

LAND

SECTION 2. MANAGEMENT OF NOISE LAND

Noise Land Inventory and Reuse Plan.

SECTION 3. RETAINING NOISE LANDA. Defining “No Longer Needed for Noise Compatibility.”B. Reserving Adequate Property Rights to Prevent Incompatible Land Use.

SECTION 4. DISPOSAL OF UNNEEDED NOISE LAND.

SECTION 5. USE OF DISPOSAL PROCEEDS

SECTION 6. FAA OVERSIGHT OF NOISE LAND

SECTION 7. COMPLIANCE AND REPORTING

ATTACHMENTS: Inventory, Re-use Plan, Appraisal scope of work, sample escrow

Download PGL 08-02 http://www.faa.gov/airports/aip/guidance_letters/media/PGL_08_02.pdf


FAA Hot Topics


• Prepare an inventory of Acquired Noise Land.

• Tell FAA what they intend to do with the Noise Land

• Dispose of Unneeded Noise Land– Disposal by Exchange– Disposal by Sale– Disposal by Conversion to AIP Eligible Airport

Development Land– Disposal Through Long Term Lease or Conversion to

AIP-ineligible airport–owned land

• Provide updates as required

What is the Sponsor Required to Do?


FAA Hot Topics


Prepare an inventory of Acquired Noise Land.

– Include a schedule of all acquired noise land (should be the same as the Noise Land Grant Exhibit A) Show:

• Current Status per approved Reuse Plan; e.g. Sold, leased, retained for noise compatibility, converted to AIP eligible use, converted to aeronautical related (revenue producing)

• APN other Recordation Data on Sold Redevelopment Parcels

– Include an aerial photo / map of acquired land, Show:• Noise Contour shown (latest approved NEM) • Airport Development / Aeronautical Use Parcels Outlined• Redevelopment Parcels Outlined (to be disposed or

disposed)• Retained easements, deed covenants, other retained

property rights

Noise Land Inventory Map


FAA Hot Topics


The Airport Sponsor in consultation with the FAA District Office and

Region will submit the following for FAA Acceptance:

• Part A: Identify acquired parcels “Needed for Noise Compatibility”(e.g. within 75 dB DNL and not developed, needed for buffer given zoning/land use

issues, no current market or airport development feasible/assembled)

• Part B: Identify Unneeded land to be disposed by Market Sale

• Include and update as disposal of redevelopment parcels progresses. Show appraised FMV information and sales proceeds when disposed.

• Part C: Identify Unneeded land to be incorporated as eligible Airport development land or used as airport owned Aeronautical related revenue producing land.

• ALP changes required to incorporate land. Applicable Environmental documentation completed.

FAA will accept and monitor Sponsor compliance with the Grant

Assurance.

Sponsor Re-Use Plan


FAA Hot Topics


FAA Acceptance of Inventory and Re-use Plans

FAA Review of Inventory and Reuse Plan

FAA may accept upon finding that: Inventory is Accurate and Includes all AIP and PFC assisted land

acquisition (Verify against Exhibit A or the funding documents) Adequate property rights (easement/deed restrictions) are retained by

the airport to prevent incompatible use or development of the land disposed.

Sale, lease or exchange of the unneeded land will be at the Fair Market Value, and;

Disposal proceeds will be used for an FAA-approved AIP-eligible noise compatibility project or returned to the Trust Fund.

Sponsors may dispose of noise land by long-term lease provided the sponsor arranges to repay the federal share of the current FMV of the property at the time it enters into the lease as a lump sum. Repayment of the federal share over time is not allowed.


FAA Hot Topics


Sample Inventory & Reuse Plan

RPZ

LandPossible

Sale

Land


FAA Hot Topics


Sample Inventory & Reuse Plan


FAA Hot Topics


Status of Inventory & Reuse Plans Submittals to FAA

The FAA resolution of the 2005 OIG Audit requires that airport sponsors with AIP grant assisted noise buy-out programs submit their inventory and re-use plan no later than October 2009.

TO DATE: The 11 airports cited in the OIG report have all submitted their re-use plans. Most of the remaining 106+/- airports with current or past AIP assisted programs are expected to submit their inventory and plan by the October 2009 deadline.


FAA Hot Topics


What’s Next?

• FAA will review for acceptance of compliant inventory and re-use plans by June 2010.

If not acceptable at submission, corrective action with the airport sponsor will be necessary, such as:

1. Verify inventory as accurate and complete for all AIP assisted noise land acquisition.

2. Correct/confirm proposed re-use and terms of re-use meet grant assurance requirements.

3. Ensure compatible land use rights are retained and enforced.


FAA Hot Topics


What’s Next?

• What happens if airport sponsor does not submit inventory and plan by October 2009?

– The OIG will be advised and the FAA Office of Airport Compliance and Field Operations will take appropriate action.

– Compliance issues may result in formal finding of non-compliance with grant assurances and loss of grant funding.

– Resolution and corrective action will be needed.


FAA Hot Topics


What’s Next?

• Ongoing Program? Yes.– Airports will need to maintain their inventory and re-

use plans.– Per Grant Condition on all noise land acquisition

grants since 2006, the airport agrees to submit the inventory and reuse plan prior to grant close-out.

– FAA will monitor re-use plans as part of ongoing land use inspections.


FAA Hot Topics


Lesson’s Learned?• The Grant Assurance only applies to noise land acquired with AIP

grant funds after 1982. Land acquired with ADAP (pre 1982 acquisition) is not covered.

• Noise land may be converted to accommodate eligible airport development. See AIP handbook (FAA Order 5100.38C) at paragraph 701 for general description of allowable conversion, such as: runways, taxiways, associated safety areas, ramps, aprons …. RPZ …, Some Landside development as described in the AIP Handbook as eligible airport development. NO PAYBACK REQUIRED ON ELIGIBLE CONVERSION.

NOTE: PAYBACK AT FMV REQUIRED FOR CONVERSION TO INELIGIBLE AIRPORT DEVELOPMENT OR TO NON AERONAUTICAL REVENUE PRODUCING.


FAA Hot Topics


Where to Get More Information?

Questions / Guidance Needs?

PGL 08-02 “Management of Acquired Noise Land” www.faa.gov/airports/aip/guidance_letters/media/PGL_08_02.pdf

AIP Handbook Chapter 8, FAA Order 5100.38Compliance Handbook, FAA Order 5190.7Contact Your FAA Project Manager

http://www.faa.gov/airports/news_information/contact_info/regional/


FAA Hot Topics


FAA Sound Insulation Guidelines for Residential Properties

Rick Etter, Acquisition SpecialistHQ FAA, Office of Airport Planning & Programming(202) 267-8773; [email protected]


FAA Hot Topics


Guidelines for Sound Insulation of Residences Exposed to Aircraft Noise

• Published in 1992 for military and FAA airports programs as a project management handbook for studying, initiating, and implementing sound insulation measures developed under airport noise compatibility programs. (FAA AC 150/5100-9A)

• The Guidelines were updated in 2005 by the U.S. Navy for application at military airports in part to reflect current building codes and insulation product specifications.

• A similar update of the Guidelines would also benefit FAA airport noise programs. However, the update for FAA programs would need to retain and update the FAA-approved project management and AIP grant management requirements.


FAA Hot Topics



• What is being looked at for the Update:

– Product specifications for sound insulation– Code requirements / changes– Sound reduction testing and sampling methods– Possible computer based estimating facility– FAA AIP acceptance standards– Project management guidance– Measure of energy conservation benefits


FAA Hot Topics



• How is the Update going to be made?

FY 2010 Airport Cooperative Research Program Project No. 2-24 :Guidance for Residential Sound Insulation Adjacent to Airports

Project Announcement issued August 2009

Detailed Project Description and Request for Proposals is expected to be released after November 2009.

See: http://www.trb.org/acrp/public/acrp.aspx


FAA Hot Topics


Part 150’s Where Contours Do Not Leave Airport Property

Lindy McDowell, Environmental SpecialistOrlando Airports District Office(407) 812-6331; [email protected]

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FAA Hot Topics


Questions

10-18-09 AAAE ANMS Hot Topics

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