Recent Community Aircraft Noise Topics And Management Considerations Metropolitan Airports Commission Full Commission July 18, 2016
OUTLINE Topics Who is in Charge of What? Limitations: FAR Part 161 and Airport Revenue Usage for Noise Mitigation What are We Hearing from the Community? What is NOC/MAC Doing? Noise Program Communication Enhancement Plan Update How to Stay Connected/Updated
WHO IS IN CHARGE OF WHAT?
AIR TRANSPORTATION AGENCIES Airlines • Transport people and products domestically and internationally Federal Aviation Administration • Regulates Airports • Regulates Airlines • Operates Air Traffic Control Facilities Metropolitan Airports Commission • Owns and Operates MSP and 6 Reliever Airports • Provides a Facility for Airlines to Conduct Air Commerce Activities
AIR TRANSPORTATION AGENCIES Airlines • Transport people and products domestically and internationally The number of flights, Airlines determine types of aircraft and flight Number of Flights times are driven by Aircraft Types Flight Times passenger demand These decisions are dictated by scheduling designed to meet customer travel preferences. MSP does not have a mandatory curfew. The MAC does not have the authority to create one.
AIR TRANSPORTATION AGENCIES Federal Aviation Administration • Regulates Airports • Regulates Airlines • Operates Air Traffic Control Facilities The FAA dictates airspace and runway use based on Safety Efficiency Aircraft need to land and Wind direction and wind speed takeoff into the wind Air traffic demand Aircraft weight Capacity The MAC does not Noise abatement determine where aircraft fly
AIR TRANSPORTATION AGENCIES Metropolitan Airports Commission • Owns and Operates MSP and 6 Reliever Airports • Provides a Facility for Airlines to Conduct Air Commerce Activities Airport authorities facilitate safe and efficient operations of the airport by maintaining facilities (runways, terminals, parking structures, etc.) Airports manage noise programs through residential noise mitigation, land use planning, and noise management programs that include community engagement, staffing/facilitating policy discussions, and operating technologies like noise and operations monitoring systems. Airports are required to use the Day-Night Average Sound Level (DNL) metric to assess aircraft noise impacts for noise mitigation and land use planning.
LIMITATIONS: FAR PART 161 AND AIRPORT REVENUE USAGE FOR NOISE MITIGATION
WHO REGULATES AIRCRAFT NOISE Federal Aviation Administration Federal Aviation Federal Aviation Airport Noise Air Traffic Regulation Regulation and Capacity Control Part 36 Part 150 Act (1990) FAA ATC controls every Regulates the maximum aircraft movement at MSP Airport Noise No Access Restriction noise level a civil aircraft and in the airspace Compatibility Planning without Approval can emit (Stage) around the metro Aircraft Aircraft Airport Airport Manufacturers Operators
1990 AIRPORT NOISE AND CAPACITY ACT (ANCA) U.S. Congress Found That: Aviation noise management is critical to the continued increase in airport capacity Community noise concerns led to uncoordinated and inconsistent restrictions on aviation that could impede the national air transportation system. Local interests in aviation noise management shall be considered in determining the national interest. A noise policy must be carried out at a national level. Revenues controlled by the U.S. government can help solve noise problems and carry with them a responsibility to the national airport system. Results of 1990 ANCA: All aircraft over 75,000 pounds to be Stage 3 by year 2000 Availability of federal funds and PFCs tied to provisions on acceptability of access restrictions. National program for the review of airport noise and access restrictions - 14 CFR Part 161
FEDERAL AVIATION REGULATION (FAR) PART 161 Notice of Approval of Noise and Access Restrictions: Broad view of what constitutes a restriction Stage 2 Restrictions: Cost v. benefit Analysis Separate analysis of effects on aircraft <75,000 lbs. Extensive Documentation and public notice Stage 3 Restrictions: Benefits reasonably expected to exceed costs FAA approval of restriction – six major conditions
FAR PART 161 ANALYSIS 14 CFR § 161.305: Must provide “…..an analysis that supports, by substantial evidence, that the six statutory conditions for approval have been met for each restriction and any alternatives submitted.” Cost v. benefit is a major component – use of FAR Part 150 Land Use Compatibility Criteria Provides specific information/analyses requirements to demonstrate that various conditions are being met to establish statutory compliance
FAR PART 161 ANALYSIS (CONT.) 14 CFR § 161.305 - Six Conditions : Condition 1: The restriction is reasonable, non-arbitrary, and nondiscriminatory. Condition 2: The restriction does not create an undue burden on interstate or foreign commerce. Condition 3: The proposed restriction maintains safe and efficient use of the navigable airspace. Condition 4: The proposed restriction does not conflict with any existing Federal statute or regulation. Condition 5: The applicant has provided adequate opportunity for public comment on the proposed restriction. Condition 6: The proposed restriction does not create an undue burden on the national aviation system.
FAR PART 161 APPLICATION AND FAA REVIEW PROCESS Application to FAA Must Include: A summary of evidence of the fulfillment of conditions for approval, as specified in 14 CFR §161.305; Full 14 CFR §161.305 analysis as appropriate to the proposed restriction; A statement that the submitting entity is empowered to implement the restriction, or is submitting the proposal on behalf of such party; and A statement as to whether the airport requests partial approval if determined acceptable by FAA. FAA Application Review Process : A determination as to the completeness within 30 days of receipt of the application Upon a determination of completeness, FAA notifies applicant of its intent to act on the proposed restriction, notice is published in the Federal Register starting a 30-day comment period, and the 180-day approval period begins from the date of the FAA’s original receipt of the application. Following FAA’s review of the application and public comments, it will issue a decision approving or disapproving the proposed restriction and its determination is communicated to the applicant and posted in the Federal Register. This is a final decision of the Administrator for purpose of judicial review.
FAILURE TO COMPLY 14 CFR §161.501(B) “Under no conditions shall any airport operator receive revenues or collect a passenger facility charge under section 1113(e) of the Federal Aviation Act of 1958 if the FAA determines that the airport is imposing any noise or access restriction not in compliance with the Airport Noise and Capacity Act of 1990 or this part.”
AIRPORT REVENUES AND NOISE MITIGATION 1979 Aviation Safety and Noise Abetment Act (ASNA) 14 CFR Part 150 Day-Night Average Sound Level (DNL) = 65 dB Interior noise level > 45 dB (August 17, 2012 FAA Program Guidance Letter) MSP Noise Mitigation Program in the form of a Consent Decree that settled litigation over mitigation provisions in MSP Dual-Track FEIS FAA determined that airport revenues (no AIP or PFC) could be used to fund the Consent Decree and the First Amendment that grew out of the MSP 2020 EA/EAW FAA’s current effort to update the scientific evidence on the relationship between aircraft noise exposure and its effects on communities around airports will likely be a major factor in future noise program funding around U.S. airports.
WHAT ARE WE HEARING FROM THE COMMUNITY?
INSIGHTS FROM OUR ONGOING DIALOGUE Runway Use and Flight Tracks Noise Mitigation and Land Use Increased Nighttime Operations Local and National PBN Strategies New Noise Metric and Mitigation Threshold Aircraft Procedures and Equipment These topics currently represent over a Challenges to Past and Possible Future dozen specific community concerns being MSP Expansion and Associated Planning managed by MAC staff in collaboration Processes with our stakeholders.
WHAT IS THE NOC/MAC DOING?
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