TagASNAA(2)

Re: FAA Authority to change the 65 DNL noise contour At a recent StART Aviation Noise Working Group meeting, I shared my professional opinion that it would take Congressional action to change the FAA’s 65 DNL noise contour standard. Below, please find additional details that informed my thinking on this topic. Background 1. First here is a quote from "A Guide to the Rulemaking Process" Prepared by the Office of the Federal Register: "Agencies get their authority to issue regulations from laws (statutes) enacted by Congress. In some cases, the President may delegate existing Presidential authority to an agency. Typically, when Congress passes a law to create an agency, it grants that agency general authority to regulate certain activities within our society. Congress may also pass a law that more specifically directs an agency to solve a particular problem or accomplish a certain goal." 2. There are at least three places where 65 DNL is spelled out specifically in federal regulations and federal orders. These are as follows: 2.1. Code of Federal Regulation (CFR) 14 Part 161. This Federal Aviation Regulation (FAR) describes the process from which any noise abatement rules may be required to show a cost benefit analysis prior to any approval or implementation. The rules dictate that all cost benefit analyses are limited to only the benefits within the 65 DNL contour. The authority for FAR Part 16 is spelled out in the Airport Noise and Capacity Act (ANCA) of 1990. In this act Congress was vague…

AU'rnORITY FOR INVOLVEMENI': FEDERAL FUNDS SPEN!' ON THE AIRroRT Planning Land acquisition • Construction Noise Insulation Equiprent SOURCE OF FUNDS: Federal Aid Airport Program (FAAP) 1946 Airp:>rt Developnent aid program (ADAP) 1970 Planning Grant Program (:ECP) Aviation Safety and Noise Abatement Act 1979 Airport Improverrent Program (AIP) 1982 AIDUNI' OF FUNDS: Approx 115 Million since 1970 OBLIG.lTIONS TO BE CARRIED OUT BY AIRIORT CMNER: !ORr CF SE1d"1LE · YUse Pro:wrty in accord®ce with reason for acquiring am and cm.IKlL the airport .. Use owned property for compatible uses only Prntect ~p~roacb~R Properly manage the airport funds and revenues ie: Insure airport funds are used for airport purp:>ses. Numerous other· obligations- Civil Rights, Non discrimination, etc FAA fOSITION: We will assist when p:>ssible but all our fonnal agreements must be with the Airp:>rt owner. We have worked with the POS and Counly over the years regarding the proposed park. We concur with the concept of a park provided: The Airp:>rt owner :rraintains ownership and control of the land Airport funds are not used for the park Park only allows uses compatible with the airport The process becomes nuch more complex if the Airp:>rt Owner elects to relinquish fee sinple title. FAA would have to determine that the Federal interest is being protected. The Airport owner would also be required to repay the Govt. the fair :rrarket value of any property given up for the park. It nay be possible to build a taxiway or other developrent in lieu of cash. l…