TagVince Mestre(4)

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…

Enhance Noise Remedy “Cost Share’' Program Area Mobile Homes Hardship Committee Priority Listing Transaction Assistance Public Buildings 111: A B. C D E. F. G H. J Section IV: Improve Duwamish Industrial/Elliott Bay Corridor Noise Abatement Procedures Duwamish/Elliott Bay Corridor Procedures Microwave Landing System A B. Section V: Nighttime Flight Corridors Section VI: Control of Ground Noise Section VII: Noise Management System Tier 1 : Expand Existing Flight Track Monitoring System Tier 2: Develop New Comprehensive Noise Management System Tier 3: Integrate Noise and Flight Track Monitoring Section VIII: Flight Track Management Statement Regarding Flight Tracks Section IX: Section X: Control Noise From Most Annoying Operations Initiate Noise Abatement Committee Section XI: Changes in Present Conditions Section XII: Process Appendix C: Sea-Tac Noise Abatement Committee Page 3 Page 4 Page Page Page Page Page Page Page Page Page Page 7 Page 8 Page 8 Page 9 Page 10 Page Page Page Page Page 14 Page 14 Page 15 Page 15 Page 16 Page 16 Page 17 1- According to the technical consultant , this agreement represents the most comprehensive noise control program of any major international ahport in the country. Full implementation of all these agreements could result in an overall noise reduction of approximately 50% in terms of the Ldn noise levels in the communities surrounding the airport. NOTES : Italics indicate changes to the Draft Package resulting from the Mediation Commit- tee meeting on 3131190 . SYmbol "R" on pages eight and nine indicate that some language was…