TagAirport Noise Law(44)

This document is an agenda and discussion outline from the Part 161 Summit held on August 18, 2005, in Denver, Colorado, focused on airport noise use restrictions. It covers topics including the Naples Municipal Airport's experience with a noise ban, the legal and factual requirements needed to justify aircraft use restrictions, and alternative paths to noise relief such as grandfathering, Part 150 programs, and federal legislation. Key criteria for imposing Stage 3 noise restrictions under the Noise Act and FAR Part 161 are outlined, including ensuring restrictions are reasonable, non-discriminatory, and do not unduly burden interstate commerce or the national aviation system.

This guide, produced by law firm Kaplan Kirsch & Rockwell and noise consulting firm Harris Miller Miller & Hanson, explains the rules and regulations governing airport noise and aircraft use restrictions at publicly owned airports. It covers who is responsible for regulating airports and aircraft, what tools airports have to manage noise, and the requirements of the Airport Noise and Capacity Act of 1990. The guide is designed for airport managers, elected officials, consultants, and community groups seeking to understand how noise disputes are handled and resolved.

In April 1980, the Federal Aviation Administration ruled that Orange County, California's noise abatement policy at John Wayne Airport was unlawfully discriminatory because it blocked new airlines from entering while protecting existing carriers. The FAA warned the county to accommodate pending entry applications from airlines like Continental and Frontier without further delay, or face legal and financial penalties. While the FAA supported local noise control efforts, it made clear that such policies must treat all qualified air carriers equally and not place undue burdens on interstate commerce.

This 1979 Airport Noise Control Procedure Manual, approved by Oregon's Department of Environmental Quality, outlines the procedural steps required for compliance with noise control regulations for airports (OAR 340-35-045). It describes how the Department calculates Noise Impact Boundaries for non-air-carrier airports, including the flight operational data and mapping information needed to make accurate assessments. The manual was issued under the authority of ORS Chapter 467 and was designed to minimize the administrative burden on smaller airport facilities.

In this January 25, 1979 letter, Washington State Representative John Jovanovich (31st District) writes to Ms. Jean Pihlman explaining that the Sea-Tac Comprehensive Plan (STCP), adopted by the Port of Seattle and King County, primarily addresses the airport and its noise-impacted areas. He urges that citizen representatives on the Policy Advisory Committee — the body responsible for monitoring the plan — should come directly from the noise-impacted communities, so that their needs are properly understood by decision-makers.

This 1979 Washington State legislative act amends the definition of an 'impacted area' for aircraft noise abatement purposes near airports. It expands the eligible zone from three to six miles beyond the paved end of any runway, and from fifteen hundred to thirty-three hundred feet from the runway centerline, within which port districts may undertake noise mitigation programs. Areas meeting these geographic criteria are officially designated as 'impacted areas' subject to noise investigation and abatement efforts.

A 1978 Washington State House of Representatives bill analysis outlines proposed legislation to limit airport noise, giving local governments that own airports the authority to restrict aircraft use and flight times to keep residential community noise levels below 65 decibels. Airports with more than 30 scheduled flights per day would be required to take action to meet this standard, with special attention to reducing noise during evening and nighttime hours. A public hearing on the legislation was held on December 7, 1978, at the Burien Public Library near Sea-Tac Airport.