Dealing With Aircraft Noise in Legislation

¶ … Aircraft Noise Abatement Act of 1968 states, how it is used and the impact it has had on the industry and on those affected. A conclusion is given at the end. A list of works cited is also given. The Congress has, through legislation, tried to develop a uniform countrywide noise abatement plan that was to be implemented and monitored under one agency - the Federal Aviation Administration (FAA). Unfortunately, their efforts were not successful.

This is because when the FAA tried to limit federal government liability it failed to implement the function that was envisaged in the federal government legislation (Werlich and Krinsky, 1981). Additionally, there have been two factors that must be considered. The first of these is the recent trend in which law courts have made decisions holding airport proprietors liable for the property damages and personal injury caused by aircraft noise. The second is the 'retreat' by congress from its initial policy that advocated for financial aid to noise impacted airports.

Thus there appears to be an undermining of the movement towards a uniform countrywide aviation noise abatement plan. Unfavorable court decisions, abdication from leadership of the aviation industry by the FAA, and the cutting down of federal financial aid have left the proprietors of airports to cater for themselves.

Driven by the increase in noise lawsuits, many local airport owners have, in a legitimate effort to reduce their liability exposure, adopted noise abatement policies and regulations that are anchored on local and/or parochial instead of national interests (Werlich and Krinsky, 1981). These local regulations, have also in turn, resulted in further hindrances towards the effort to form a uniform countrywide aviation noise abatement plan.

Aircraft Noise Abatement Act of 1968 The Aircraft Noise Abatement Act of 1968 mandates the Federal Aviation Administration (FAA) to develop, monitor, or enforce safe standards for aircraft generated noise. In coming up with these noise standards the FAA generally adheres to noise restrictions created by the International Civil Aviation Organization (ICAO). Federal Government noise control regulations define aircraft noise based on three categories: Stage 1, Stage 2, and Stage 3 (Garcia). Stage 1 aircraft are the loudest; Stage 2 aircraft are intermediate; and Stage 3 aircraft make the least amount of noise.

However, all Stage 1 aircraft were phased out of commercial use; in the same context, all Stage 2 aircraft that weighed over 75,000 pounds were phased out by the 31st of December 1999, as required by the Airport Noise and Capacity Act of 1990. Similarly, all Stage 3 aircraft that are still in operation must meet set standards for sidelines, runway takeoffs, and landings, ranging from 89 to 106 dB (a) based on the number of engines and the weight of the aircraft.

Another piece of legislation, the Aviation Safety and Noise Abatement Act of 1979, gives the Federal Aviation authority the power to award grants under the Airport Improvement Program for the purposes of noise mitigation (Garcia). Airport proprietors applying for such grants are required to create noise exposure maps and noise reduction programs that restrict the noise levels in affected areas on the map to between 65 and 75 dB (a).

According to Environmental Protection Agency (EPA) estimates, the number of people exposed to airport noise levels that were higher than 65 dB (a) decreased from 7 million to less than half a million from 1975 to 2000 as a result of the phasing out of Stage 2 aircraft. In the Act, the administrator of the FAA has been authorized to prescribe the following in if he or she deems it necessary to relive or protect the public health from aircraft noise: I.

To prescribe standards to be used to assess aircraft noise and sonic boom; and II. To prescribe regulations to be used to control and mitigate aircraft noise and sonic boom. (B) The administrator shall allow for the participation of a representative of the EPA on such advisory committees that advise the administrator on issues related to the environmental impacts of aircraft noise. (2) The administrator of the FAA may set or prescribe standards, policies and regulations under this subsection only after consultations with the administrator of the EPA.

These standards and regulations must be applied when issuing, modifying, amending, and suspending or revoking an original type certificate issued under this chapter. (3) An original type certificate can only be issued under section 44704 (a) of this chapter for an aircraft that has achieved significant noise abatement and only after the administrator of the FAA sets the standards and regulations that apply to that type of aircraft. When prescribing or setting a regulation or a standard under this section the administrator of the FAA shall 1.

Consider or weigh all the necessary data related to aircraft noise and sonic boom; 2. Hold consultations with all the appropriate departments, agencies and institutions of the United States Federal government and local authorities; 3. Check and determine whether the regulation or standard is in agreement with the highest level of safety in air transport in the public interest. 4. Consider whether the regulation or standard is economically rational, technologically possible and appropriate for the applicable appliance, aircraft, aircraft engine or certificate; and 5.

Determine the extent to which the regulation or standard will enforce the envisioned purposes of this section The administrator of the EPA shall submit to the administrator of the FAA proposed regulations for the control and mitigation of aircraft noise and sonic boom, which the administrator of EPA deems necessary to protect or relieve the public health or welfare. The administrator of the FAA shall consider those proposals and publish them in proposed regulations notice not more than 30 days after they were received.

Within 60 days of the publication, the administrator of the FAA shall begin a public hearing where interested parties are given an opportunity to present both oral and written submissions. Within 90 days of the completion of the hearing and after further consultations with the administrator of the EPA, the administrator of the FAA shall 1. Set regulations as provided for in this section A. The regulations should be significantly similar to those proposed by the administrator of the EPA; or B. The regulations should be those that amend the proposed regulations; or 2.

Publish in the federal government register A. A notification that no law has been being prescribed in reaction to the planned laws of the EPA administrator; B. A detailed analysis in response to all the information and data submitted by the Administrator of the EPA; and A detailed explanation and reasons why no regulation from the proposed is being prescribed. Conclusion Courts have traditionally recognized that loud noises may constitute a nuisance. Aviation noise is a huge source of such nuisances, resulting in a seemingly endless.