Dealing With Aircraft Noise in Legislation Term Paper

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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).

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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.....

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