Regulatory Alert: AAAE Submits Comments on FAA's Noise Policy Review
On September 29, AAAE submitted comments to the Federal Aviation Administration (FAA) in response to the agency's ongoing 'Noise Policy Review' (NPR). FAA initiated the NPR to evaluate, among other things, its current use of DNL 65 dB for determining significant noise impacts as part of National Environmental Policy Act (NEPA) reviews and defining the limit of residential land use compatibility during Part 150 studies. FAA's review was largely triggered as a result of 2021 survey results showing that substantially more individuals are highly annoyed by aircraft noise levels since the last survey was conducted over 30 years ago.
In our comments, AAAE emphasized that FAA has not produced sufficient research that would support changing the decision-making noise metrics and thresholds that are used during Part 150 studies and reviews of proposed airport development projects under NEPA. If FAA were to pursue an update to its policies, we argued that any proposed change should be released to the public for comment and be based on science and data, including an analysis of potential financial impacts on airports.
We further noted that, as FAA acknowledged in its NPR, overflight communities have been the predominant source of complaints to FAA in recent years because of NextGen implementation and air traffic and procedural changes. We urged FAA to focus its attention on addressing these concerns, including considering the use of alternative decision-making metrics and thresholds when evaluating airspace-related changes during NEPA reviews and working more closely with airports and local communities on such changes.
You can read AAAE's comments here. We appreciate everyone who provided feedback through our survey and two webinar discussions on FAA's NPR.
Background on FAA's Noise Policy Review. In May, FAA announced a comprehensive review of the agency's aviation noise policies after results from its Neighborhood Environmental Survey in 2021 showed that substantially more individuals are highly annoyed by aircraft noise levels since the last survey was conducted over 30 years ago. The NPR is meant to evaluate, among other things, FAA's current use of DNL as the primary noise metric for assessing cumulative aircraft noise exposure, including whether to continue using the DNL 65 dB level standard in land use compatibility planning and NEPA reviews. FAA solicited stakeholder feedback to determine whether and how to update its noise policies.
Summary of AAAE's Recommendations and Points of Emphasis. We have developed a summary of key recommendations and points of emphasis that we raised in our comments. These include the following:
• Noise Mitigation as Shared Responsibility: Addressing aircraft noise-related concerns in any future FAA policy should remain a shared responsibility among federal, state, and local governments, airport operators, airline and aircraft operators, and local community members in accordance with the 1976 'Aviation Noise Abatement Policy.' This framework has played a major role in drastically reducing the number of people exposed to significant aircraft noise.
• Defining a Goal for FAA's NPR: FAA should define its goal or intended outcome of the NPR and conduct further research on the impacts of any potential changes to decision-making noise metrics and thresholds used during Part 150 studies and NEPA reviews. We believe there should be a strong connection between the defined outcome of FAA's policies; any research conducted; and any proposed change in noise metrics or thresholds.
• Decision-Making Metrics/Thresholds for Airport Actions: FAA has not produced sufficient research or analysis that would support a change in the noise metrics and thresholds that are used for decision-making during Part 150 studies and reviews of proposed airport development projects under NEPA. If FAA were to pursue a change in these policies, we strongly believe that any proposed change should be based on science and data, including a thorough analysis of potential impacts.
• Decision-Making Metrics/Thresholds for Air Traffic Procedural Changes: FAA should consider the use of alternative decision-making metrics and thresholds to evaluate air traffic procedure and airspace changes during NEPA reviews. FAA acknowledged that overflight communities have been the predominant source of noise complaints to FAA in recent years because of NextGen implementation and procedural changes. To address the concerns, FAA should consider an alternative metric and threshold for evaluating such changes.
• Economic Impact Analysis and Federal Funding: FAA should not propose any changes to decision-making noise metrics and thresholds in the absence of (a) a comprehensive analysis of the economic impacts on airports and (b) federal funding to offset the increased costs that airports would be forced to incur. We believe the expected financial impact on airports could be substantial, and this must be weighed against any potential benefits that would result from changes in policies.
• Use of Supplemental Noise Metrics: FAA should make it clear in its policies that airports may use, at their discretion, supplemental noise metrics to help communicate noise exposure impacts to their local communities. Many members recognized that educating the public on DNL can be challenging, and the use of supplemental noise metrics is helpful in communicating the noise environment and/or proposed changes.
• Ability to Comment on Any Proposed Changes: If FAA decides to update its noise policies, the agency must provide an opportunity for stakeholders to evaluate and comment on any proposed changes, including any defined outcome, research, and benefit-cost analysis supporting the proposal. FAA has not provided this information. Updates to FAA's policies would have a significant impact on the airport industry, which necessitates a thorough review and engagement process.
• Airport/Community Input on Air Traffic Procedural Changes: FAA should work more closely with airports and local communities, especially those with substantial noise exposure, to implement air traffic and airspace changes that could help address noise-related impacts. FAA could make significant progress in addressing community concerns by engaging more with these residents and allowing operational procedures to be designed with input from local entities.
• FAA-Airport Partnership on Messaging: FAA needs to ensure its staff, especially within the Air Traffic Organization (ATO), is working closely with airports to create consistent, proactive messaging for local communities on noise-related issues. This includes partnering with airports to develop and implement engagement strategies and having consistent FAA representation that understands, listens, and tries to respond to airport community concerns.
AAAE Joins Industry Letter on FAA's Noise Policy Review. In addition to our own organizational comments, AAAE joined several of its industry partners, including ACI-NA and Airlines for America, in a letter to FAA on the NPR that highlighted shared opinions from all the organizations. In the letter, AAAE and its industry partners emphasized that FAA needs to (1) define its intended goal for the NPR, (2) ensure that any future policy development is based on data and science, (3) put significant emphasis on improving stakeholder engagement and transparency to local communities in any future policy, (4) develop a cost-benefit analysis that should be factored into FAA's decision-making process, and (5) provide industry with an opportunity to comment on any proposed policies changes in the future. You can view the industry letter here.
What's Next? FAA will begin to review over 7,100 comments that the agency received in response to the agency's request for feedback. After consideration of the comments, FAA indicated that they will publish another notice announcing the input it received and 'how the agency considered it in developing its recommended revisions to the policy.' The NPR suggests FAA will move forward with some type of proposed changes, but there are no additional details or timeline provided.
It is important to remember that FAA would have to initiate a rulemaking action to modify any of the standards associated with Part 150 studies. This process would take years to complete, include opportunity for stakeholder comments, and require any proposed changes to be subject to a cost-benefit analysis. We will keep members apprised of any future updates and ensure that FAA is addressing our members' concerns before moving forward with any proposed changes.
Resources on FAA's Noise Policy Review:
• AAAE's September 29 Comments on FAA's Noise Policy Review
• Industry Coalition's September 29 Comments on FAA's Noise Policy Review
• AAAE's April 28 Regulatory Alert on FAA's Noise Policy Review
• FAA's April 28 Notice and Request for Comments on Noise Policy Review
• FAA's Noise Policy Review Website
• 2021 Results from FAA's Neighborhood Environmental Survey
