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 New foundation for all legal discussions of noise  Pressure on regulators (FAA) and legislators (Congress) and sponsors (airports) to adapt to findings from Neighborhood Environmental Survey  Does it remain legally permissible to continue to rely on 65 dB DNL threshold? Now what? Tweaks and Flexibility Tweaks and Flexibility No Change No Change New Regulatory Structure New Regulatory Structure The long and winding road . . . CongressCongress Neighborhood Environmental Survey Neighborhood Environmental Survey Legal considerations  The 65 dB DNL threshold was developed for a narrow purpose in the 1970s-80s  Acceptance evolved, gradually becoming more widespread  Use of 65 dB DNL threshold is today enshrined in law, regulations, policies, guidance, past practice (legal precedents)  Changes to those legal documents must be –  Transparent  Thoughtful  Collaborative (public comment) In the meantime….? Some reasonable options (FAA only)  Revisions agency-wide in metric (DNL) or threshold (65 dB DNL)  Selected revisions –  NEPA/ Section 4(f)/ NHPA  Part 150  Part 161  Airport revenue use  Just FAA or government wide (EPA, HUD, VA, other DOT modal agencies) Triggers/policy considerations  New administration focused on climate change and environmental justice  Will public, Congress accept more studies?  Pressure to act (now)  Transition – what does that look like?  Potential legal challenges to continued use of 65 dB DNL  FAA NEPA documents (arbitrary and capricious?)  State law (California especially) Implications of changes NEPA documentation (scope) State environmental…
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