Presented to: By: Date: Federal Aviation Administration Noise 101: Federal Noise Laws and...

Presented to:

By:

Date:

Federal AviationAdministration

Noise 101: Federal Noise Laws and Regulations

Town of Payson

M.L. Chittick, Scottsdale FSDOJanuary 2007


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Controlling Legislation

Title 49 USC Subtitle VII Section 40103(a)(1) states:

The United States Government has exclusive sovereignty of airspace of the United States



Noise Restrictions – Legal Framework The Federal Government has preempted: Areas of airspace use and management Air Traffic Control Safety Regulation of aircraft noise at its source

14 CFR part 36, Noise Standards



Noise Restrictions - PreemptionLocal authorities cannot regulate:

Maximum noise level of an aircraft in flightRoute of an aircraftAltitude of an aircraftTime of day an aircraft flies (curfew)Procedures used by flight crew



Noise Restrictions – Other Powers and AuthoritiesOther power and authorities to control

airport noise rest with the airport proprietor:

Selection of an airport siteAcquire landAssure compatible land useControl airport design, scheduling and

operationsSubject to Constitutional prohibitions



Noise Restrictions – Constitutional Prohibitions

1. Undue burden on interstate and foreign commerce

2. Unreasonable, arbitrary and unjust discriminatory rules that advance the local interest

3. Statutory requirements

4. Interference with exclusive Federal regulatory responsibilities over safety and airspace management



Noise Restrictions – State and Local GovernmentState and local government may protect

their citizens through:

Land use controls

Other police power measures not affecting airspace management or aircraft operations



Noise Restrictions – Federal Government

The Federal Government has the authority and responsibility to control aircraft noise by:

Regulation of source emissionsFlight operational proceduresManagement 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



Noise Restrictions – Airport Proprietors Airport proprietors are primarily responsible for

planning and implementing action designed to reduce the effect of noise on residents of the surrounding area which may include:

Noise abatement ground procedures Land acquisition Restrictions on airport use that do not unjustly

discriminate against any user

continued on next slide



Noise Restrictions – Airport Proprietors Airport proprietors are primarily responsible for

planning and implementing action designed to reduce the effect of noise on residents of the surrounding area which may include: (continued)

Restrictions that do not impede the Federal interest in SAFETY and management of the air navigation system

Unreasonable interference with interstate or foreign commerce



Acceptable Noise Abatement Practices - Voluntary FAA strongly supports Voluntary Noise

Abatement Procedures at an airport

Sponsor and FAA should work together to educate and encourage pilots to use the procedures whenever possible

Our number one concern is Pilot Safety!



Mandatory Noise Abatement Procedures: – Why Not?Certain weather and flight conditions could

result in the Noise Abatement Procedures compromising pilot safety

Could cause pilots to compromise flight safety in an effort to meet noise abatement recommendations



Aircraft Noise In General FAA certification regulations for aircraft noise affect the

design of an aircraft, but not its operation Airports in the U.S. establish operating procedures to

help reduce noise Each airport handles its own noise enforcement by

establishing noise abatement procedures that are general recommendations

Some of these procedures may not be advisable for every aircraft in every situation

The decision to follow any noise abatement procedure is the sole responsibility of the pilot in command based on aircraft performance, passenger and pilot safetypilot safety

At no time should a noise reduction procedure be allowed to compromise flight safety



FAA Regulations – 14 CFR Aeronautics and Space14 CFR Part 91 General Operating and Flight

Rules:FAR PT 91.3, Responsibility and Authority

of the Pilot in Command The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.

FAR PT 91.13, Careless and Reckless Operation No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another continued on next slide



FAA Regulations – 14 CFR Aeronautics and Space

•FAR PT 91.103, Preflight Action Each pilot in command shall before beginning a flight, become familiar with all available information concerning that flight.

•FAR PT 91.119, Minimum Safe Altitudes, General Except, when necessary for takeoff and landing, no person may operate an aircraft below the following altitudes: See entire FAR (Paragraph a,b,c, and d, do not apply when necessary for takeoff or landing).



Noise Reduction – Aeronautical Information Manual5-4-23. Par (d) Charted Visual Flight

Procedure (CVFP) states:

Unless indicating a Class B airspace floor, all depicted altitudes are for noise abatement purposes and are recommended only. Pilots are not prohibited from flying other than recommended altitudes if operational requirements dictate



Noise Reduction – FAA Advisory Circular 91-36CThis Advisory Circular states:

Visual Flight Rules (VFR) Flight Near Noise Sensitive Areas, identifies 2,000 feet AGL as the minimum recommended altitude for over flights of noise sensitive areas when aircraft are not landing at or taking off from an airport



Airplane Flying handbook – FAA-H-8083-3AThis document is used for flight training

guidance and states: It is recommended that takeoff power be

maintained until reaching an altitude of at least 500 feet above the surrounding terrain or obstacles

The combination of Vy and takeoff power assures the maximum altitude gained in a minimum amount of time. This gives the pilot more altitude from which the airplane can be safely maneuvered in case of an engine failure or other emergency




Airplane Flying handbook – FAA-H-8083-3ADuring initial climb, it is important that the

takeoff path remain aligned with the runway to avoid drifting into obstructions

It should be emphasized that in some airplanes, a deviation of 5 knots from the recommended speed will result in a significant reduction in climb performance



Airplane Flying handbook – FAA-H-8083-3ABased on the previous listed items:

Aircraft climb performance can be degraded to a point where a safe maneuvering altitude may not be attained

Any turns during the initial climb out phase will be detrimental to climb performance therefore increasing the time it takes to reach a safe maneuvering altitude




Airplane Flying handbook – FAA-H-8083-3ABased on the previous listed items:

Depending on the aircraft used, pilot technique and environmental factors, climb performance can be reduced to an unsafe level so as to never reach a safe maneuvering altitude



Noise Restrictions – Review of FAA Safety AspectsPilots should be considerate of the

surrounding community while operating to and from any airport

Minimum safe altitude rules always apply; except for takeoff and landing

Noise abatement procedures are recommendations; therefore, voluntary



Noise Restrictions – Review of FAA Safety AspectsSponsor and FAA should work together to

educate and encourage pilots to use the procedures whenever possible

The decision to voluntarily follow any noise abatement procedure is the sole responsibility of the pilot in command based on aircraft performance, passenger and pilot safety.

At no time should a noise reduction procedure be allowed to compromise flight safety



Residents and prospective residents in areas surrounding airports should seek to understand airport noise

Prospective residents of areas impacted by airport noise should be aware of the effect of noise on their quality of life and act accordingly

Noise Restrictions – Residents and Prospective Residents



Noise 101 – The End

Thanks for your Attention!

Presented to: By: Date: Federal Aviation Administration Noise 101: Federal Noise Laws and...

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