Airport Business - 33

AIRPORT GURU
efficient aircraft with less noise impacts on airport neighbors.
In addition, effective noise restrictions - including many that
were introduced prior to ANCA - have enabled airports to
successfully reduce their noise impact boundaries. However,
communities across the U.S. are placing increased pressure
on legislators to respond to what they perceive as a growing
airport noise problem.
Perhaps one contributing factor is that new residents who
have not previously lived near an airport are moving into
neighborhoods impacted by aircraft noise. These newcomers
are often unaware of advances in technology that have made
aircraft quieter or of an airport's proven voluntary and
mandatory noise management programs.
A second and major contributing factor to a rise in
community noise concerns is implementation of the FAA's
Metroplex Program, a national effort to safely improve
airspace efficiency by utilizing satellite-based navigation
technology. The publication of revised area navigation
procedures (RNAV) by the FAA has, in many cases, pushed
air traffic over communities not previously impacted by these
operations and increased residents' sensitivity to aircraft noise.
Clearly, the tools available to address noise concerns
associated with airport and aircraft operations remain limited.
Failing to address this issue with the community could
damage an airport's ability to work collaboratively with key
stakeholders on other issues affecting healthy operations and
growth. Alternatively, attempting to restrict aircraft operations
to mitigate noise could draw opposition from airport users and
operators, industry groups and the FAA. Finding a balanced
solution is a daunting task.
Los Angeles' Van Nuys Airport (VNY), for example,
has a long history of adopting aggressive noise mitigation
programs well ahead of the general aviation industry. These
include implementation of a mandatory partial nighttime
jet departure curfew with a financial penalty structure in
1981 and adoption of a noisier jet phase-out in 2009 that is
more stringent than the national Stage 2 phase-out passed by
Congress in 2012. Through a combination of mandatory noise
restrictions, a major residential soundproofing program and
other voluntary programs relying on extensive pilot education,
VNY operates without a noise variance from the state.
Despite these industry-leading accomplishments and
largely as a result of revised RNAV procedures implemented
by the FAA, some local residents are pushing to implement
a voluntary nighttime curfew on all VNY operations.
However, airport businesses contend such a measure would
raise unrealistic expectations in the community and unfairly
label tenants who comply with established noise restrictions
as violators.
As an alternative, the Van Nuys Airport Association, a
non-profit tenant membership group, is working closely with
airport staff to enact a voluntary Preferential Jet Departure
Program. Through this initiative, aircraft operators are
requested to indicate their commitment to reducing nighttime
jet departures to the fullest extent possible via a formal letter of
agreement. Key elements of the program are the development
of tenant best practices and extensive outreach to aircraft
operators.

Clearly, the post-ANCA, post-Metroplex noise relief
sought by some residents ultimately requires FAA action.
ANCA attempted to create a comprehensive method for
regulating aircraft noise by shifting authority away from local
governments and airport proprietors to protect the integrity of
the national airspace system. Imagine what would happen to
our nation's system of highways if every vehicle off-ramp had
its own access restrictions or curfew. In addition to having a
severe negative impact on jobs, businesses and the economy,
environmental justice issues would be raised in communities
bearing heaviest traffic. With over 5,000 public use airports in
the U.S., changing regulations for a few airports could place
unwarranted pressure on thousands of others.
Ultimately, the FAA is responsible for the safe and
efficient use of the national airspace system. Community
recommendations regarding changes to air traffic rules, the
use of airspace or the control of air traffic must be addressed
at the federal level. Airports may resolve policy issues related
to new or modified noise restrictions by either litigation (i.e.,
filing a lawsuit against the FAA) or regulation (i.e., initiating
an FAR Part 161 Study). As demonstrated by VNY, it is much
more prudent to provide airport tenants, users and operators
the opportunity to work collaboratively with the community
on voluntary programs that are feasible, reasonable and based
on a past history of success. 

AviationPros.com/21074475

APRIL 2020 \ AVIATIONPROS.COM / 33


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Airport Business

Table of Contents for the Digital Edition of Airport Business

Inside the Fence - Covid 19: Support Your Local Airport
Industry Update
MSP Takes on Winter
Mission Critical: Keep Military Aviation Airborne
'From Design to Line'
Ready and Able
Airport Guru - 30 Years After ANCA: Can Airports Live with New Community-Imposed Noise Restrictions?
Legal Matters: Does a Tenant Have Any Remedies when the Minimum Standards Are Amended and Compliance is Impossible or Impracticable?
Contracts 101: A Brief Field Guide for the Uninitiated
Use the Power of Data to Keep Runways Clear During Winter Weather
Product Profile: There's Snow Business Like Snow Business
Airport Business - 1
Airport Business - 2
Airport Business - 3
Airport Business - 4
Airport Business - Inside the Fence - Covid 19: Support Your Local Airport
Airport Business - Industry Update
Airport Business - 7
Airport Business - 8
Airport Business - 9
Airport Business - MSP Takes on Winter
Airport Business - 11
Airport Business - Mission Critical: Keep Military Aviation Airborne
Airport Business - 13
Airport Business - 14
Airport Business - 15
Airport Business - 16
Airport Business - 17
Airport Business - 18
Airport Business - 19
Airport Business - 'From Design to Line'
Airport Business - 21
Airport Business - 22
Airport Business - 23
Airport Business - 24
Airport Business - 25
Airport Business - Ready and Able
Airport Business - 27
Airport Business - 28
Airport Business - 29
Airport Business - 30
Airport Business - 31
Airport Business - Airport Guru - 30 Years After ANCA: Can Airports Live with New Community-Imposed Noise Restrictions?
Airport Business - 33
Airport Business - Legal Matters: Does a Tenant Have Any Remedies when the Minimum Standards Are Amended and Compliance is Impossible or Impracticable?
Airport Business - 35
Airport Business - Contracts 101: A Brief Field Guide for the Uninitiated
Airport Business - 37
Airport Business - Use the Power of Data to Keep Runways Clear During Winter Weather
Airport Business - 39
Airport Business - Product Profile: There's Snow Business Like Snow Business
Airport Business - 41
Airport Business - 42
Airport Business - 43
Airport Business - 44
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