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01-09-2008 ARC Packet1. 2. 3. 4. 5. � � CITY OF MENDOTA HEIGHTS AIRPORT RELATIONS COMMISSION AGENDA January 9, 2008 — Large Conference Room Call to Order - 7:00 p.m. Roll Call Approval of the Minutes from the October 10, 2007, and November 15, 2007, Airport Relations Commission Meetings. Unfnished and New Business: a. Discuss Meeting with MAC Commissioner Tom Foley. b. Discuss Legislative Initiative c. Update for Introduction Book Acknowledge Receint of Various Reports/Corresnondence: � c. d. e. f. g• h. i. November 2007 ANOM Technical Advisor's Report November 2007 (New Format) ANOM Eagan/Mendota Heights Departure Corridor Analysis Letter from FAA Carl Rydeen Airport Noise Report, November 16, 2007 Airport Noise Report, November 23, 2007 Airport Noise Report, November 30, 2007 Airport Noise Report, December 7, 2007 Airport Noise Report, December 14, 2007 Airport Noise Report, December 21, 2007 Other Commissioner Comments or Concerns Uncomin� Meetin�s City Councii Meeting NOC Meeting MAC Meeting 8. Public Comments 9. Adjourn 1-15-OS - 7:30 1-16-08 2-6-08 ( ) Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids. This may not, however, be possible on short notice. Please contact City Administration at (651) 452-1850 with requests. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA A�RPORT RELATIONS COMMISSION MINUTES November 15, 2007 The regular meeting of the Mendota Heights .Airport Relations Commission was held on Thursday, November 15, 2007, at 7:00 p.m., in the Large Conference Room at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. 'I'he following Commissioners wer� present: Liz Petschel, Chair; Sally Lorberbaum, Ellsworth Stein and Dave Sloan, Commissioners. Also present were: City Council Members LTltan Duggan and Mary Jeaiuze Schneeman, Jiin Danielson, City Adminisirator and Jake Sedlacek, Assistant to the City Administrator. Not Present: Commissioners Bill Dunn and Robin Ehrlich. �T�ninnished a�d New lBusaness A. Meet with MA.0 Commissioner Tom Foley �- � ) MAC Commissioner Tom Foley briefed the Airports Relations Commission on his - background. He was the Ramsey County Attorney for 16 years, or four terms until 1994. He was on the Metropolitan Council Airport Task force in the late 1980's and was appointed by Governor Jesse Ventura to be a MAC Commissioner in 1999. He was reappointed twice by Governor Tim Pawlenty. His term expires in 2009. Corninissioner Foley told ARC that you learn how to be a MAC Cominissioner through "on the job training". Being a MAC Commissioner is similar to running a sinall city with PD, FD, shopping areas etc. The current MAC issues are dealing with change, or potential change: m Shake up of the airline industry because of banlcruptcy and merger + Trying to bring in a low cost air line (MSP has incentive liinitations that some other airports do not). o Restaurants • Oil and its impact on the airline industry • Long range planning - 2010 mostly implemented - 2020 on hold because of NWA bat�lcruptcy Commission Meeting — November 15, 2007 ; Mendota Heights Airport Relations Commission � Commissioner Foley described the current air noise lawsuit and stated that he thought that � air noise was mostly a South Minneapolis issue and that Mendota Heights only had noise (, issues more recently. Chair Petschel described the background of the airport naise as it relates to Mendota Heights to Commissioner Foley and clarified for him that it has been a longstariding issue, not a recent one. • Recently the Airports Relations Commission has been working hard to develop good relationships with the MAC, FAA and surrounding noise impacted cities. Commissioner Foley is the last piece of that puzzle. m Commissioner Foley provided Airports Relations Commission members with his cell phone number and email address. Commissioner Foley described some of the airline industry issues the MAC is dealing with. • If American Airlines takes over Northwest Airlines fihey would probably leave MSP • Potential mergers are important issues to keep in mind when doing airport planning � • Detroit gave NWA some good incentives that MSP was unable to legally do. • NWA has SO% of flights out of MSP � Atteinpts to get Jet Blue or other low cost airlines have been unsuccessful because of the limits on the benefits MSP can offer. . Commissioner Foley and ARC agreed to keep the lines of cQmmunication open, including us copying him on correspondence to MAC and ineeting notices, him keeping us abreast of development and other issues at MSP. B. Metro Cities / MAC / Cities Meeting Jake and Jim updated the Commissioners on a meeting that was held on November 5, 2007 with AMM, MAC and Cities surrounding the aiport. Jeff Hamiel, MAC Director met with Cities surrounding the airport to begin a dialog to determine how MAC can improve relations with neighboring cities around MSP. C. Represeniative Rick Hansen meeting. 2 Commission Meeting — November 15, 2007 Mendota Heights Airport Relations Comtnission Chair Petschel updated the cominission on her upcoming meeting with Representative Hansen to discuss airport issues. D. Corridor Excursions Chair Petschel updated the commission on FAA Tower Supervisor Carl Rydeen's presentation to the City Council on recent corridor excursions. She reported that it was an error by the FAA that the problem was corrected. E. NOC Meeting Chair Petschel updated the commission on the November NOC meeting. F. Deceinber meeting. ARC will request cancellation of theix December Meeting. Adiourn Commissioner Sloan made a motion, seconded by Commissioner Stein, to adjourn the meeting at 8:45 p.m. Respectfully submitted, Jim Danielson City Adnzinistrato�� 3 C CITY OF MENDOTA HEIGHTS MEMO January 3, 2008 TO: Airports Relations Commission FROM: James E. Dasuelson, City Administra SUBJECT: Tom Foley, MAC Commissioner Information DISCUSSION: MAC Commissioner Tom Foley attended the November 15, 2007, Airport Relations Commission meeting, subsequently Mr. Foley forward the attached letter to the Mayor. ACTIOI�T �Q%TI�D: Discuss Mr. Foley's Airport Relations Commission meeting attendance and any follow-up that needs to occur. � � DEC/2712007/THU 08:07 AM P,p41�442 i'. P'A.�E/Ii�'s�ne�o�,a, I.LC Government �e��ti.ons # lPublic Poli+cy Ct��s�t7ing W 1450 First Natiqnal Baz�k �u��diag 332 Minn�s�t$, S�;eet Saint Faul, IvZ'i�ouo.�so'� 551Q],-1314 (�s�)��a-��s (�51) �i02-99?6 �ax , e-mat1: iomfa�ey�dl�,aceznn.coan L7e�e�n,ber 1$, 2007 Cxty o��endot�, HeiglYts A�tri: H41iOTabtE� 1VZ��Q� 7Q�,p, �uber 1101 Vxc�torXa Ctuve �ez�data Heigbt�, MN SS 1 l.8 • ' • • . .� , . . . . . . � . �. ,. � . . , . .. . , , T1ear Flbnora(iie'.M[�.yQx �,�ber, . � , , , . ., , � . , . . . , ' . . • . . . . • • . : :��• . , . . � . � . . �. • ' , . . � . .. . ' . . Z'•would�'lik� fio fi,�.a� tk�e Cziy �or the�oQ�ortuni�y:�to,address•�tb.e �endota Heights t1ir�{i�xt $.elatxo�zs ' Gammussxa�; at xts �Tovember I5, 2007 zn�eetamg azxd tt�e associ�ted disCus�xrnu a� �1ae City's issu�s aF , iz�terest related �to the 1V�inuaeapoXi�slSt �aui Iniernational Auport (�VZSP}. � �, C7�a a zelated note, a�s I know yau aze aware, t#�e issc�e o� nighttime nvise arQwad 1VLSP has been an ongQing topia of cance�rn for naa�ay �res�demts whc� lirre around I1�SP. Sia�.ce 19�3, a vol�ntaty nighttime opexat�ons agr�em�emt b�as been in plaee with airlin�s at the ai.rpo�E in an �'Qri �ko redu�� tb,e �u�uber of seheduled m�gtattime operatian� ax►.d t�ae use o� older, naisier air�ra$ duxi�ag tb�e nighttim� I�aurs. Tn 2007 tb;e �S� I"+Toise Ove�x�lat �Coz�ittee, (I�tOC) has worl�ed fa update tb.e provisi�ons of ilaat ag�eez�aemi io tatce in#a aceo�.ua,t the changing aixcraft �eef�oc at 11/ISl�. . A,s a member of th� M��ropoi�tam .AarporFs Commissian (MPs.G) k'z�aalace, Devela�,ment and Envzxazuaae�.t �t�mna�ittea,.w�ok� ovexsees �TOC acti.vities, I xm pleased to z�port that o� Deoe�ualaez 17, 2007 the MAC Full Co�aarussian approved the MA.0 �ivanc�, De^velapmesut and �nvironmenfi Commiitee's recammendation to appznve the NQC-develop�d 1ett+�r ta be sent to the airIines at MS� de�.i.li,ng tf�e updated , p�rovi,sions of the voluntary nzg�atkz�ze pzogra�u. The Iat�er requests that o�erators at MSP vo�untarily �ttt forth their �best ef.�orts to a�oid sched�zling opexat�oz�s between th� �i.gi1�#itn� houxs a� x 0:30 F.M. aud 6:00 A..�. aa�td avoi.d the use �f hushkitted. �tage 3 axncraf� for fii,�hts t1�at �xe scbedo.a,ed to occur cluri�ag tbte nighttime haurs. .. . . . . � , . ' Althougll �edexal,' pol,ici�s• gbverning access to :�puia�ic u;�e;:air�orts, and r�lated. .fund4ug. rec�uirenasn�, pxevemt the implamentatioz► o:F z3a�a�adatory sestric�ians, coop�ra�iv� z�.�asures sixch' as �his are intend�ct tq address �e issue, .as hest as possible, within th� Iimit�d �e�abiJity provided by thE ragulat�osas. � am I�a�sfitl tb.at tbuis z.uittitai�.�e �rovides some m�asure of �aitgh.ttime noise redt�ctzvn ��z ib,e cx#zens of Men�ota. �exgb.ts. ' . . C DEC/27/2007/THU 08:0? A� P�042/p42 � � � Agaiu, thanIc �au i'ar yaur wxtla�ag�a.ess to discuss issu.es related ta T�S�' �at are of inte�est tc, Ghe Gity of Mend � afia Hei . �ts. P S�, �� j � �� To�n �oley . MAC Comro�issianeX—T]xsbrxat G _ C � Association of Metropolitan 11�unicipalifiies DATE: T(�: FROM: SUBJECT: December S, 2007 Metro Cities Member Administrators/Ci Louls Jambois, Executive Di �' Managers rector 2008 Legislative Policies Enclosed please find a copy o f Metro Citie ' Policies, as adopted by Association memb S 2008 Legislative . These policy posxtions were develo ed ers on November 29, 2007. fo�r policy committees. Th� p t�OUgh the hard work of our legislative session, and our del b�1 guide our efforts through the 2ppg Council. We invite you to use them �aons wlth the Metropolitan �__,-� progress. your reference to follo w our We have enclosed one copy of the polic d like additional copies, please call Laurie at °Cument. If yoU would addition our policies have been updated on o65 �� 215-4.000. In amm145.org. ul website at Thank you for your continued membershi . worlcing w1th you during the upcoming 1ep s a e look forwaxd to thro u g h o u t t h e y e a� As a Zways� jf you ha g t l v e s e s s i o n a n d c o n c e r n s o r i f w e can be o f any assistance a n y q u e s t i o n s o r contact us at (651) 215._q.p00. � p�ease don't hesitate to �� J �Ja�avensidy r�,�e �� S�. p�u�, �� SS103-2044 c Phosae (651) 215-�000 � P'�x (651) 2��-1299 � Wmv� �.,,,,,, A-� _��;��, C. � , ; f� � (� ) TAB was developed to meet federal requirements, designating the Me as the organization that is responsible for a continuous, comprehensive (3C) transportation 1 tropolitan Council P�ning process to allocate federal funds among m anopo� panrar ae projects. This process requirement was reinforced by the 1991 Inte Transportation Efficiency Act (ISTEA), the 1998 Transportation E 21 Century (TEA21 �odal Surface ) and the 2005 Safe, Accountable, Flexible, Efficie tcT ns fortahe Equity Act: A. Legacy for Users (SAFETEA-LU). p on V-H Photo Enforcement of Traffic Laws Cities should be allowed to enforce traffic laws and promote ublic Minnesota's streets and high�yays t�.ough the use of photo enforce safety on ment technology. �`� �!rport� IVoise Mitigatior� Metro Cities supports noise abatement programs and ex end' the irnpacts of Metropolitan Airports Commission (MAC) o erate neighboring comrnunities. The MAC should d p l�res designed to minimize of these programs only after a thorou h p d facilities on etermine the design and geographi� reach and concerns of impacted cities and their residents. The MAC and g pu lic input process that considers the priorities long-tern� solutions to furid the full mitigation package as ado ted ' in the 64-60 DNL im act area_ the staie should seek p Noise abatement efforts should be paid for by fees and s charges collected from airport users, as well as stafie and federal fun unless mitigation funding is provided , Metro Cities o ds. Furthernaore, property owner to disclose those properties that lie w�hin 64-60 DNL noios�that requires a contours. 2008 Legisiqfive Policies 31 Trrr n c r....+... � P- ..., ,.,.� n v � � Metro Cities supports a change to the governance structure of the Metropolitan Ai o Commission (MAC). The MAC currently consists of 15 members, thirteen of wh m ars appomted by the Governor, and the mayors of lblinneapolis and St. Paul or their e designees: Although the MAC is� statutorily charged to "reflect fairl the v' and interests affected by the airport system," only two of the comm nities m lous regions by the Minneapolis/St. Paul International Airport (IvISP) have direcf representation on d commission and are given the opportunity to select their district's representative, the Acknowledging that the communities closest to MSP and reliever airport im acted communities are significantly impacted by noise, traffic, and other numerous expansion- related issues, Metro Cities supports the broad goal of providing MSP-impacted cornmunities greater representation on the �V1�C. V-J � Cifiies Under 5,000 Papuiation Cities under 5,000 in population do not directly receive any non-property tax funds for collector and arterial streets. Current CSAH distributions to metropolitan counties are inadequate to provide for the needs of smaller cities in the metropolitan area, Criteria such as the number of average daily trips, shrn,i� �,P o�+..,�,__,_ _,. � ; `i _ FP,O(�4 THE DESK OF I�7EN I�.EED November 16, 2007 Jim Danielson City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights; Mimiesota 55118 Re: Airport Relations Commission Dear Mr. Danielson, Please allow me to offer my services, professional and personal, to the Airport Relations Commis- sion. My wife and I moved to Minnesota a year ago to start a new, small business. In September of this year, we mwed to Mendota. Heights, at 610 Kirchner Avenue. For over twenty yeazs, I have worked in the airport plaru�ing industry, often working on airport ( I noise studies. Until recendy, I continued to work part-time for a small engineering and planning ' firm here in the Twin Cities. At this time, however, our family business is doing quite well, and I am no longer working in the industry. If my professionai experience can prove useful to you, or the Airport Relations Commission, please let me know I would be glad to help out in any way that I can. Sincerely yours, ��r� i�� d��- "' - Ken Reed 610 Kirchner Avenue Mendota Heights, MN 55118 Ken �,Joke�ointComedyClub.com Cell: 651-274-9627 Linda Shipton � �� 7m: Jim Danielson �ent: Tuesday, November 20, 2007 8:43 AM To: 'neuharths@comcast.net' Cc: Linda Shipton Subject: RE: Jim Neuharth's Application For Mendota Heights ARC Jim, Thanks for your interest in the ARC. The City Council typically interviews candidates in January, for appoinfinent in February, I'll keep you posted. Jim Danielson From: neuharths@comcast.net [mailto:neuharths@comcast.net] Sent: Monday, November 19, 2007 9:18 PM To: �im Danielson Subject: Jim Neuharth's Application For Mendota Heights ARC �� As a follow-up to our telephone discussion today, I am interested in membership in the Mendota Heights ARC committee. As we discussed, Dave Sloan, a current member of ARC, recommended that I give you a call in reference to the opening the ARC committee. I currently live at 2458 Pond Circle E. in Mendota Heights and previously had lived at 1101 Dodd Rd. In the past 35 years, I have lived in Mendota Heights, except for 9 years when I was transferred out-state throuah r� �mployer, 3M. After 38 1/2 years of continuous employment with 3M Company, I retired this past i i December. My experience at 3M included assignments in Manufacturing as well as Research & " Development. During my tenure, I was involved in noise abatement at some of the manufacturing plants and laboratories. This past summer, I participated in the WHEP Team, led by Darcy Tatham and really enjoyed being involved in evaluating the health of the wetlands within Mendota Heights, as well as Dakota County. I would like to continue my involvement in improving the living conditions in our community and see working on the ARC committee, as a great opportunity. Since I live on the southern end of the village where the primary aircraft noise occurs, I am quite interested in participating in ARC ta influence MAC in naise level reduction within the village and surrounding area. Please consider me for the current ARC opening to be filled early next year. Thank you. Regards: Jim Neuharth 2458 Pond Circle E. Mendota Heights, MN 55120 E �687-9376 or 612-600-4662 11 /20/2007 January 3, 2008 Mr. Jim Danielson City Manager City of Mendota Heights Dear Mr. Danielson: Thank you for the additional details regarding the open pos'i conver atione As I Heights Airport Relations Committee that you gave me �r� our phon explained to you on the phone, I was informed of t e�e ria d� he a ached shee�t loflrela ed who is a current .ARC member. Please accept this 1 experiences as my formal application for this committee. As a Mendota Heights resident since 1977, I have a strong mee serious con� deration with community. I hope that the interview committee will give my direct aviation experience and knowledge for appointment to the Airport Relations Conunittee. You explained that interviews will take place in mid-January. I will contact you during the first week of January in order to schedule a time. If additional details are needed please contact me. Sincerely, � yle Odland 1821 Twin Circle Drive Mendpta �3eights,lVlN 551 �l $-� �.� 1 651-452-5919 — home 651-338-5426 - cell 1821 Twin Circle Drive �__�a..•� Mendota Heights, MN 55118 � � 651-452-5919 o G" Lyle and Evie Odland Cell: 651-338-5426 lyleodiand@aol.com evieodiandC�aol.com 13201 Sherburne Circie #10�� j Bonita Springs, FL 34135 - --' 239-947-G990 ;.:� - ��. -.'-.'� ��1 I�yle Odland Airport Relations Committee Relevant Experience • FAA Licensed Pilot o Commercial o CFI A-I o SEL o SES o Multi Engine o Basic and Advanced Ground Inshuctor � Retired Public School Educator 0 1 year, Mohall N.D. Public Schools 0 32 years, St. Paul Public Schools (14 years in school administration) 0 4 years, Bloomington Public Schools (school administrator) 0 8 years, Twin City Institute for Talented Youth � Summer Classroom Aviation Teacher i • Part-time FAA Flight Instructor 0 10 years, Instrument Flight Training, St. Paul, MN � � O h �O -+ N c�l V' vl �O t� oo O� .-. � ^• .-� I x , U � H � H � N bD � � .'. 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A weekty update on litigation, regulations, and technological developments Volume 19, Number 42 December 7, 2007 Research ,, , , , , ,�. ►,�. .. � ., � � �� The university and aviation industry research consortium PARTNER issued a final report this week on a congressionally-rnandated study of low-frequency aircraft noise that supports the Federal Aviation Administration's position in a dispute over how best to assess the impact of such noise. The report recommends using criteria based on noticeable vibration of the housing structure rather than on audibie rattle, which was advocated by a three- man expert panel convened by the Minneapolis-St. Paul Metropolitan Airports Commission in 1998 to study low-frequency noise impacts in communities around MSP International Airport. That panel was comprised of three noted acousticians expert in aircraft noise measurement and analysis: Sanford Fidell, Andrew Harris, and Lou Sutherland. They contend that vibration measurements are not needed to assess annoyance from low-frequency aircraft noise. Low-frequency aircraft noise becomes annoy- ing, they assert, when things in a house begin to rattle and could be damaged. At the request of ANR, Harris and Fidell reviewed the PARTNER study and wrote a critique of it (see story below). They contend that the study report (Continued on p. 192) Critique PART'NEI2 LFN STITI3Y FAILS TO PROVIDE �.TSE�LTL Il�TI+'0121VYA.�'I01�1, �ElAltialS, FII)EI.I. SAY [At the request ofANR, acoustical consultants Andrew Harris and Sanfa�d Fidell have provided below their critique of the just-release low-frequency noise study by the PAR7NER research consortium. They, along with acoustician Lou Sutherlanc� comprised a three-man expert panel set up by the Minneapolrs St. Paul Metropolitan Airports Commission in 1998 to develop criteria for assessing the impact of low-frequency aircraft noise in communities around MSP International Airport. Sutherland was not able to contribute to this critique. The PARTNER low; frequency noise study was conducted at the request of Congress and the Federal Interagency Committee on Aviation Noise (FICAN) as a follow-on to the MSP expert panel's work and to address issues raised by FICAN about that work.J Airports, airport neighbors, and environmental professionals who expected the PARTNER study to yield information that would improve methods for understand- ing, predicting, and mitigating low-frequency aircraft noise effects on individuals and communities near airports will be disappointed with the study's design, ( � findings, and recommendations. -- (Continued on p. 193) In 7'has Issue... Low-Frequency Noise ... PART'NER releases the final report ofa study called for by Congress and FICAN of low- frequency aircraftnoise, which is a problem during takeoff roll and duringlandingswhenthrust reversers are deployed. Low-frequency noise is not accounted for in the DNL noise metric and requires very expen- sive sound insulationto block it fromenteringhouses. The PARTNER study supports theFAA's positionthat assess- ment criteria should be based on noticeablevibration ofthehouse structure - p. 191 ... However, Sanford Fidell and Andrew Harris, who contendthat vibration nneasurements are not needed, offerastingingcritiqueof the PART`NER study - p. 191 News Briefs ... FAA seeks cornments on its intentionto request that OMB extend a current informationcollection requirement on airports that voluniarily submitnoise exposure maps andPart 150 programs for FAA review and approval ... LAWA awards a $1.2 million contractforresidential sound insulation - p.194 December 7, 2007 provides no useful guidance to airports and that FAA limited the scope of the study so that it lacks information on predictive methods, criteria for acceptability, and sound insulation. It is unclear whether the study will be peer-reviewed. Other observers contend that FAA did not direct or manipulate the outcome of the study. Its limitations, they say, are a result of asking university researchers who excel in solving engineering problems to change gears and address policy issues for the F.AA. They also cite funding constraints and the refusal of airports to participate in the study as reasons why its scope was limited. Because airports would not agree to participate in the study, subjective evaluations of low-frequency noise had to be done in the laboratory and not in real-world conditions in homes around airports. Congr eral Inter- agency Committee on Aviat' had wanted the subjective evaluations ne in the field. FICAN has been briefed the PARTNER tudy by the study team and will comment 't s . The PARTNER research team was aware of the deficien- cies of its study. The study report notes: "One of the most difficult conflicts to resolve was that airports with no • history of low-frequency noise problems were reluctant to cooperate out of concern that the study could create a problem where none had existed. The investigators judged the best compromise was to conduct the field study at an airport that met tlie necessary physical attributes.to permit implementation of as many ofthe FICAN recommendations as possible. The most significant compromise was that the in-residence subjective evaluation component had to be abandoned and laboratory-based subjective evaluations substituted in their place." It has already been demonstrated in studies of sleep disturbance from aircraft noise that subjects react difFerently in a taboratory setting than they do in a home setting. The PARINER team went down the research path they could, one observer explained, and whether that is of value to the aviation community and the FAA is another question. The research still leaves open the question of what it is about low-frequency aircraft noise that is annoying; what components of low-frequency noise cause annoyance. MSP Expert PanetReport The MSP expert panel issued a report in 2000 proposing criteria for assessing the impact of low-frequency noise based on a social survey done in communities around MSP International and a new low-frequency noise metric they developed. Rather than taking direct measurements of vibration, the MSP report relied on a social survey of residents near the airport to determine the prevalence of high annoyance due to rattle. FICAN, ofwhich ofFAA is a member, reviewed the expert panel's work and said it had "strong misgivings" about the survey done at MSP, contending that the questions might 192 have been structured in a way that biased the outcome. FICAN also was not convinced that a new low-frequency noise metric was need and it faulted the expert panel for not following the precedent FAA set in a 1997 study of low- frequency noise in homes near Baltimore-Washington International Airport. In that study, measurements of vibration were made in homes near BWI and conclusions drawn on the extent of low-frequency noise impact based on the number of takeoffs that exceeded two (window and walls) of three vibration perception criteria developed by acoustician Harvey Hubbard in 1982 and known as the "Hubbard criteria." FICAN recommended that further research be conducted on low-frequency aircraft noise as a follow-on to the MSP expert panel's work. In 2003, Congress directed the FA.A to conduct that research. FAA, in turn, asked PARTNER to conduct the research for the agency. FICAN wanted the follow-on research to do main three things: • Take measurements of exterior noise as well as window, wall, and floor vibration in homes within critical distances from runways identified in previous studies of low- frequency noise impact. Compare these measurements to thresholds for tactile perception of vibration in the Hubbard criteria; • Have panels of subjects rate the annoyance of individual low-frequency aircraft noise events in the houses; and • Study the efficacy of sound insulation in a stepwise fashion, beginning with the most rattle-prone features of houses, the windows and doors. PAI2'I'N�R Study Findings The PARTNER study report on low-frequency noise included five main findings: • Start-of-takeoff=roll, acceleration down the runway, and thrust reversal generate high levels of low frequency noise (below 200 Hertz) at critical distances from runways (around 3,000 feet in the study) which can be annoying to people living near airports; • Hubbard exterior sound level criteria work well "as a first level assessment tool" for vibration/rattle due to iow- frequency noise; • A-weighted Sound Pressure Level (LAmax) and C- weighted Sound Pressure Level (LCmax) metrics correlate well with laboratory based subjective response to indoor aircraft noise and rattle annoyance when noise leveis are low; � When high levels of low-frequency noise levels are present, Tokita & Nakamura thresholds with C-weighted Sound Exposure Level (LCE) metric should be used as an indicator of potential for low-frequency noise annoyance. Low-frequency noise based metrics, such as the one developed by the MSP expert panel, did not perform as well as LCE; • The risk of window rattle is lowered with preload and avoiding resonance response in the window design. Airport Noise Report C . December 7, 2007 Outdoor-Indoor Transmission Class is a better rating for rattle prone applications than Sound Transmission Class commonly used in rating windows for transmission loss. The final report of the PAR1'NER Low-Frequency Noise Study is available on the PARTNER website at http:// web.mit.edu/aeroastro/partner/projects/index.html. Click on Project L The research team consisted of faculty and students at The Pennsylvania State University, Purdue UniversiTy, and the University ofCentral Florida. Critique, from p. 191 Urgent informational needs about low-frequency aircraft noise impacts include: • Identification of one or more metrics of low- frequency aircraft noise appropriate for use in real-world settings; • Identification and verification of inethods for predieting low-frequency aircraft noise leveis around runways; Meaningful criteria for acceptability oflow- frequency aircraft noise in residences; and • Identification of inethods to adequately insulate against low-frequency aircraft noise and noise-induced rattle in residences. Congress instructed FAA "to conduct, in concert with an affected airport, a further study of low-frequency aircraft noise." This charge explicitly describes Congress's intent for FAA to study low-frequency aircraft noise effects in a real- world setting, and even more specifically, at an airport "affected" with experience of low-frequency aircraft noise exposure. The design of the PARTNER study specifically avoided the conduct of such a study, however, by excluding from consideration any airport with a"previous history of a low- frequency noise problem ..."(see Sec. 5.1, p. 21). . The PART'NER stud i re notable for w�at it did no accomp ish than for what it did. Instead of studying low- ' �frequency aircraft noise �mpac'�s in a community with actual experience of such exposure, the PARTNER study focused crn acoustic measurements along a runway remote from occupied residences; on modeling of low-frequency propagation; on shuctural vibration measurements in two abandoned residences of atyp'tcal construction [brick and stone); on controlled exposure (laboratory) studies of "spectrai balance," loudness, and annoyance ratings of recorded single events; on laboratory studies of vibration . responses of four windows; and on development of theoreti- cal models ofrattle. The PARTNER study did not produce information that would permit airports to contour or otherwise accurately predict low-frequency aircraft noise doses in one-third octave bands within communities at particular distances and orientations from runways; nor did it shed any new light on the prevalence of annoyance with low-frequency aircraft noise in airport communities; nor did it identify any practical 193 methods for predicting the occurrence of noise-induced rattle in common wood frame tesidential construction. The results of the PART'NER study tend to document th� obvious and already well known, or are stated in general terms that oversimplify the findings to lend weak support to FAA policy preferences. These inciude the findings that "The highest levels of noise near the runway ... are at frequencies below 200 Hz" and the recommendation that thrust reverser noise "be investigated further." Similarly, the observation that several noise metrics correlate well with one another and with subjective evalua- tions of indoor aireraft noise, and the recommendation that A- and C-weighted metrics be used to predict individual response to indoor aircraft noise absent high levels of low- fre.quency noise, are hardly novel. The observation that sounds "that contained audible rattle were not ranked as the most annoying," and the accompany- ing claim that this finding is "consistent" with the finding of one prior study, fail to emphasize the limited range of rattle signals tested in the PARTNER study and the inconsistency of the finding with those of other laboratory studies. In the same vein, the finding that C-weighted noise levels correlated better with laboratory judgments of the annoy- anee (of sounds that contained limited amounts of rattle) than "metrics speeifically designed to quantify low-fre- quency noise impact" implies little about the ability of C- weighted noise levels to usefully predict the prevalence of annoyance among residents of neighborhoods near runway thresholds and sidelines. The only FICAN recommendation that is directly respon- sive to informational needs of airports and their neighbors is the study of low-frequency sound insulation. Unfortunately, as noted on page 5 of the report, the work that FICAN indicated was necessa�y, and the work that could have provided information for airport proprietors, airport neigh- bors, and environmental eonsultants on insulation to protect residences against low-frequency aircraft noise, "would require resources well beyond those available for the current study." As a result, the PAR'I'NER study addressed only rattle in windows. The work on rattle, like the work on other elements of the study, is more of an academic exercise than an effort directed to help airports and others concerned about impacts of low-frequency aircraft noise. FAA limited the scope of the PART'NER study to address- ing issues that the agency itself had raised through FICAN about the report of a prior study whose scope FAA did not control, and apparently did not permit the authors of the PART'NER study to exercise independent judgment about this scope. The absence of information in the PARTNER study on the predictive methods, criteria for acceptability, and sound insulation appears in large part to be the result of this limitation. Airport Noise Report December 7, 2007 ' � �' � �'i. • .� ' � � � � ' � '� Jo1�n Z Corbett, Esq. Spiegei & McDiarmid Washington, DC Carl E. Surleson Director, Office of Environment and Energy Federal Aviation Administration Michael Scott Gatzke, Esq. Gatzice, Dillon & Ballance Carlsbad, CA Peter J. TCirsch, Esq. Kaplan, Kirsch & Rockwell LLP Denver . Vincent E. Mestre, P.E. President, Mestre Crreve Associates Laguna Niguel, CA Steven F. Pflaum, Esg. McDermott, Will & Emery Chicago Mary L. Vigilante President, Synergy Consultants Seattle In Brzef ... Public Comment Sought on Part 150 Paperwork , 194 <� The Federal Aviation Administration on Dec. 6 invited public comment about its intention to request that the Office of Management and Budget (OMB) extend a current information collection requirement on airports that voluntaeily submit noise exposure maps and noise compatibility programs to the FAA for review and approval. FAA invited airports that submit such information to comment on the following: � Whether the proposed collection of information is necessary for the proper performance of the functions of the Department of Transportation, including whether the information will have practical utility; • The accuracy of the DOT's estimates of the burden of the proposed information collection; • Ways to enhance the quality, utility, and clarity of the information to be collected; and • Ways to minimize the burden of the coilection information on respondents, including the use of automated collection techniques or other form5of informa#ion technology. FAA estimates that the average burden on airports to submit noise expo- sure maps and noise compatibility programs is 3,360 hours per response and 50,400 hours annually. Comments must be subrnitted by Feb. 4, 2008. They should be sent to Ms. CarlaMauney, Room 712, FAA, IT Enterprises Business Services Division, AES-200, 800Independence Ave. SW, Washington, DC. 20591. For further information, contact Carla Mauney at tel: (202) 267-9895, or e- mail: Carla.Mauney@faa.gov. LAWAAwards Contractfor 5oundproofing The Los Angeles Board of Airport Commissioners awarded a contract on Dec. 4 to the Sam Boo Construction Company of Los Angeles for a portion of the Los Angeles International Airport Residential Soundproofing Program. The $1,270,500 contract covers sound insulation modifications on 61 dwelling units, 40 condominium units, one 10-unit apartment building, and 11 single-family dwellings, all within the City ofLos Angeles District 11. The overall LAX Residentiat Soundproofing Program includes more than 8,200 residences in the Los Angeles communities of Westchester, Playa del Rey, and South Los Angeles with a recorded Community Noise Equivalent Level (CNL) of65 dS orhigher. AIRPORT NOISE REPORT Anne H. Kohut, Publisher Published44 times ayearat43978 UrbancrestCt., Ashburn, Va.20147; Phone: (703) 729-4867; FAX: (703) 729-4528. e-mail: editor@airportnoisereport.com; Price $850. Authorization to photocopy items for internal or personal use, or the internal or personal use of specific clients, is granted by Airport Noise Report, provided that the base fee of US$1.03 per page per copy is paid directly to Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923. USA. C 195 . � . �s„H ry^ 4�� 1 .�''cc '�'��; � `�.�. � r �rr �i ^.f° �i. � F:z ^�.�., � � . .1�� ,s� t�' '�' ,�%,f �e A ,7I,`. `t�+ � �{ "��'. i � �: ��a �'s..= .x '��i �.,,�rr�' ..��r �K.m'. !. �'�� u.,.�� €f �� '�N.r.r ,v �k �r .nr,�� n� �� f��.,� �y�' a;t�s� - A weekly update on litigation, regulations, and technological developments Volume 19, Number 43 December,l4, 2007 Research EUROPI+�AN I�[YENA STLT�Y FINDS LINK BETWEEN AIl2CRAFT NOISE, I-�YPERTEN5ION A study of almost S,OOO long-term residents near six major European airports has found a significant link between exposure to nighttime aircraft noise and hyperten- sion. It also found a significant link betv✓een exposure to road traffic noise and hypertension in men. A 10-dB increase in exposure to nighttime aircraft noise was associated with a 114 percent increased risk of hypertension, according to the study, Hypertension and Exposure to Noise near Airports (HYENA). It also found that men exposed to traffic noise in the highest noise exposure category (above 65 dB) had a 154 percent increased risk of hypertension but no sirnilar increase was found in women. HYNEA is the first study to investigate the impact of exposure to noise from aircraft and road traffic near major airports on blood pressure. Airports included in the study were London Heathrow, Berlin Tegel, Amsterdam Schiphol, Stockholm , Arlanda, Milan Malpensa, and Athens Elephterios Venizelos. The researchers riote in their siudy that an increasing number of people are exposed to noise from aircraft and road traffic. "Hypertension is an important risk factor for cardiovascular disease and even a small contribution in risk from (Continued on p. 196) Teterboro 'T�+'T�+ �OflgO IS FIlZ.ST �'CD EIVIPI.O'Y 1�TEW WEB-�ASED NCi�SE 1tiTI,E 'T12AIl�TIl�T�- Teterboro is the first airport in the country to sign up for a new web-based subscription service for training flight crews on airport noise abatement proce- dures and rules recently offered by Noverant Inc., a leading provider of web-based training. "Our primary objective is to make up-to-date information and training as acces- sible as possible," said Dennis O'Connor, manager of Noise and Environmental Compliance at AvPorts, which manages Teterboro. "By placing our regulations on the web through Noverant, we're ensuring easy compliance with good-neighbor policies that the community wants operators and passengers to follow." The web-based training allows Teterboro's noise office to extend the reach of its long-standing practice of flighf crew briefings and have the noise rules immedi- ately available as demand dictates, O'Connor explained. "We'll know the message is getting out as we come to see the number of users but we'll be confident the noise rules are understood because flight crews will be showing their management they have completed their review before operating (given management's interest to avoid violations or the risk of having the aircraft banned at Teterboro)." "This puts us way ahead of thetime needed to find meeting dates and arrange travel, unless an in-person session remains best. And it should put the operators (Continued on p. 196) .�1Z Z'ijZlS �SSII�. . s Hypertension ... A major European study oflong-term residents near six large airports finds a statistically significant link between exposure to nighttime aircraftnoise andhypertension.It also finds a link, only in men, between exposureto roadtraffic noise andhypertension-p.195 Teterboro ... The airport is the first in the countryto use anew web-based subscription service to helptrain flight crews on airport noise abaternent procedures and , rules - p. 195 Airspace ... Cominittee set up'' byDOTtoreviewpotential '� solutions to reduce gridlock , hamperingNew York area airports releases report ... FAA delays revision ofairspace rede- signwhilecourtreviews injunction request - p. 197 News Briefs ... Era Corpora- tion announces that it has deliv- ered its AirScene.com Noise and OperationsManagement System tothe SantaBarbaraMunicipal Airport on-time and on-budget ... MaryEllenEagan, presidentof ��✓IM�� Inc., is'named new chairwoman of TRB's AV 03 0 Committee onEnvironmental Impacts ofAviation -p. l98 December 14, 2007 environmental factors may have a major irnpact on public health." The study results will be used to provide scientific basis and support for guidelines for a developing European policy on noise abatement. European Commission Funded Study The HYENA study was funded by a grant from the European Commission and conducted by researchers at seven European institutions: Imperial College in London, the German Environmental Health Agency, The Nether- lands' Nationai Institute of Public Health and Environmental Protection, the Swedish Karolinska Institute, the University of Athens and Kapodistrian University of Athens in Greece, and the Italian Environmental Protection Agency. While the HYENA study was cross-sectional (did not follow subjects over time), its findings were similar to a similar longitudinal study released just prior to HYENA, which did follow subjects over time (19 ANR 187). The researchers measured,blood pressure and collected data on health, socio-economic and life-style factors, including diet and physical activity, via questionnaires administered during home visits of 4,861 people aged 45 to 70 who had lived at least five years near any of the six airports in the study. Noise exposure was assessed using the Integrated Noise Model (INM) in the sfudy areas in Germany, The Nether- lands, Sweden, Italy, and Greece. A different noise model was used in the UK. Subjects were classified into three noise exposure categories for aircraft noise based on LAeq (A-weighted equivalent continuous,noise levei over time: less than 50 dBA Leq, betv✓een 50-65 dBA Leq, and greater than 65 dBA Leq. Daytime noise included LAeq for 16 daytime hours; nighttime noise was defined as the hours between 10 or 11 p.m. and 6 or 7 a.m. Possible Reasons for Increased Risk The researchers offered several theories as ko why the risk of hypertension increased with nighttime aircraft noise exposure. First, they said that because study participants were more likely to be at home during the night than during the day, there could have been less misclassificarion of exposure during the night. But they said that the higher nighttime risks "may also be explained by acute physiological responses induced by nighttime noise events that might affect restoration during sleep." Prior research has shown that noise-induced instanta- neous autonomic responses do not only occur in waking hours but also in sleeping subjects even when no (EEG recorded) awakening is present. Other studies have shown that subjects do not adapt to these noise-induced instanta- neous autonomic responses, even though a clear "subjec- tive" habituation occurs after a few nights. In other words, even though it appears to observers that the subjects have 196 habituated. Research also has shown that repeated arousals from sleep are associated with a sustained increase in . daytime blood pressure levels. It is unclear at this point what implications the HYENA study has for U.S. noise policy but no immediate impact is expected. Nicholas Miller of the acoustical consulting firm Harris Miller Miller & Hanson Inc. said that the HYENA study needs to be xeviewed in this couniry, then corrobarating studies need to be either reviewed or done in this country, and then all the research needs to be presented at confer- ences and discussed. John Putnam of the Denver law firm Kaplan Kirsch & Rockwell, said he was not sure if the study would cause a sea-change in the Federal Aviation Administration's treatment of issues outside of the DNL 65 contour. Instead, he told ANR, "I think it adds to the growing weight of evidence that there are real impacts and concems outside of the DNL 65 contour that need to be understood, identified, and addressed if reasonably possible." The HYENA study, however, will certainly be included in a recently-announced review of the literature on health effects of noise being conducted by the PARTNER research consortium (10 ANR 179). That workwill inform PART'NER's efforts to develop ways to better assess the costs and benefits of the health effects of aircraft noise. The HYENA study was peer-reviewed and published on- line in the Joumal of Environmental Health Perspectives at: http://dx.doi.org/. Type in DOI Name; doi:10.1289/ehp.10775. Teterboro, from p. X95 ahead of [noise] issues before those issues become prob- lems." The web-based training "greatly raises the expectations for operator compliance with Teterboro's noise rules, voluntary restraints, and departure procedures," and should be of benefit to airport neighbors, said O'Connor. Jim Tringas, Noverant's marketing director, called the firm's on-line notifications, training modules, and verification of training "a win-win" for the Teterboro facility, pilots, and the community. "The online service is an efficient means of distributing up- to-the-minute information effectively and e�ciently. Pilots, dispatchers, and flight departments no longer have to search for updated authorization forms, airport taxiway diagrams, or new noise abatement procednres — they're sent automatically and can be accessed from any computer. Furthermore, all iraining is recorded in a government-approved electronic transcript, and so corporate flight departments and charter operators have a reliable means to verify compliance." Noverant can even provide certificates to those who complete training on airport noise abatement rules and _ procedures, Tringas told ANR. Noverant's online service is a full information, training, and compliance management system, he explained. "The _ Airport Noise Report C � December 14, 2007 Teterboro Operations certification includes the current FAA airport taxiway diagram, Teterboro Five departure procedure, and Noise Abatement program, which includes ANCA [Airport Noise and Capacity Act] —approved noise rules and recommended procedures. As these requirements change, users are automatically notified and provided new training, which is then documented upon completion." Said O'Connor: "Four days after going live with our online training, we wanted to make a minor revision and made the request of Noverant. Noverant followed their rigorous quality assurance process and the new version was available to all registered-pilots within one hour of our approval. We no longer have to worry about conflicting information. This is the future for Teterboro." Subscription-Based Service Noverant Inc., based in Raleigh, NC, offers online informa- tion, training, and compliance services in a variety of industries, including biomedical, legal, pharmaceutical, board governance, and education. Last year it moved into the aviation market and already has hundreds of clients mostly charter operators, flight departments, and flight schools, according to Tringas. "We've earned high scores from the Federal Aviation Administration, Deparhnent of Transportation, and Trans- portation Security Administration and have reeeived the green light to use our engine in a number of critical areas including TSA Initial and Recurrent Training and FAA Operational Control," he told ANR. Noverant is a subscription-based company; $35 per year per user. The Noverant system allows those in management to see how many on their staff have taken training and are in compliance with training requirements. Managers also are able to determine who has taken the most up-to-date training and receive weekly automatic updates as to who is in compliance_ Further information about Noverant is available at www.Noverant.com; tel: (919) 573-$950; Tringas's e-mail is jtringas@noverant.com. Airspace �� r �, ,� � . r � --�-� � ' 1 � � Transportation Secretary Mary E. Peters announced Dec. 13 that the Aviation Rulemaking Committee she set up to review potential solutions to the gridlock hampering New York area airports has completed its work and submitted a report outlining a range of possible ways to reduce conges- tion. "This group was created to provide the federal government an opportunity to understand all the implications — positive and negative — of any actions we take to reduce congestion and delays in the New York area," Peters said. "Having 197 everyone in the room to hash out options was very helpful to the process: ' The report does not make any recommendations but rather provides arguments for and against a wide range of possible solutions, ranging from congestion pricing and slot auc- tions, to schedule reductions and the appointment of an aviation czar for the New York area. The feedback in the report will be used to develop recommendations to help reduce record airline delays. Committee members included officials from the Port Authority ofNew York andNew Jersey, airlines, consumer groups, the FAA, and DOT. "New York is at the center of the delay equation and so it must be the focus of any solutions we put up on the board," Peters said. The report is availabie at http://www.dot.gov/affairs/ FinaIARCReport.pdfand http://www.dot.gov/affairs/ ARCCoverLetter.pdf. FAA Delays Airspace Revision In related news, the FAA has decided to postpone implementation ofthe controversialNew York-NewJersey- Philadelphia airspace redesign project pending court review of a petition by Delaware County, PA, seeking an injunction to block the FAA, from moving forward on the redesign until multiple court challenges are resolved. An FAA spokesman said the agency will wait several days to determine if the injunction will be granted. The FAA had planned to begin implementing the airspace redesign on Dec. 17. The White House fuily backs the airspace redesign as do the airlines and the Port Authority ofNew York and New Jersey, which initially criticized the redesign. GAO p2evievv of 12edesign In other news, Connecticut Gov. M. Jodi Rell announced Dec. 7 that a teleconference was conducted that day with the U.S. GoverrunentAccountability Office (GAO) regarding its study of the FAA airspace redesign project. Participants included members of the governor's stafF, state Department ofEnvironmental Protection, and GAO staff. "The purpose of the cail was to reinforce to the GAO that the FAA airspace redesign plan is simpiy unacceptable," Gov. Rell said. "Noise impact, more planes flying at lower levels, expanded holding patterns over residential neighbor- hoods and impacts to state park and forest land all add up to a plan that is fundamentally flawed." Some 13 lawsuits, most by local governments and one by the State of Connecticut, have been filed against the FAA's airspace redesign plan. They assert that the FAA failed to follow the National Environmental Policy Act in developing the airspace redesign and failed to consider the impact on parks and historic sites and on air quality. Airport Noise Report December 14, 2007 198 �� , ; � ,,f , z��,; •'1 •' I:i�'�l John J. Corbett, Esq. Spiegei & McDiazmid Washington, DC Carl E. Burleson Director, Office of Environment and Energy Federal Aviation Administration Michaet Scott Gatzke, Esq. Gaizke, Dillon & Ballance Cazlsbad, CA Peter J. Kirsch, Esq. Kaplan, Kitsch & Rockwell LLP Denver Vincent E. Mestre, P.E. President, Mestre Greve Associates Laguna Niguel, CA Steven F. Pflaum, Esq. McDermott, Will & Emery Chicago Mary L. Vigilante President, Synergy Consultants Seattle In Brief .,. � Era System Operational at Santa Barbara Era Corporation announced Dec. 13 that it has recently delivered its AirScene.com Noise and Operations Management System to the Santa Barbara Municipal Airport on-time and on-budget, a feat which the firm claims is "virtually unprecedented" in the airport noise monitoring industry. "This marks the first time in recent history that any Noise and Operations Management System, from any vendor, has been completed on-time while meeting or exceeding all customer requirements," Era said. "The Santa Barbara deployment helps validate Era's groundbreaking combination of independent flight tracking ground stations and hosted applications to rapidly deploy powerful operations solutions for airports and airlines: ' "We were really impressed with Era's ability to deliver a multilateration flight tracking system adapted to the unique geometry of our airport," said Tracy Lincoln, operations manager for the airport. `2�tot only did Era meet our specific needs, but they were able to execute the project on-time and on- budget. And because AirScene.com is a hosted solution, deploying the AirScene.com NOMS software required no additional infrastructure and we were operational on day one." Era said it has seen "tremendous interest" in its suite of web-based airport operations surveillance products, with recent selections by Santa Clara County, CA, and the Metropolitan Washington Airports Authority, which manages Washington Reagan National Airport and Dulles International Airport. ]Eagan Will Chair TI�B A'V030 �ommittee Mary Ellen Eagan, president of the acoustical consulting firm Harris Miller Miller & Hanson Inc., will be the new chairwoman of the Transportation Research Board's AV030 Committee on Environmental Impacts ofAviation. She replaces Katherine Andrus, assistant general counsel for the Air Transport Association, who will step down from her three-year term as head of the committee in January 2008. Andrus said she is confident she is leaving the committee in extremely capable hands. AIRI'ORT NOISE REPORT Anne H. Kohut, Publisher Published 44 times ayearat43978 Urbancrest Ct., Ashburn, Va.20147; Phone: (703) 729-4867; FAX: (703) 729-4528. e-mail:editor@airportnoisereport.com; Price$850. Authorization to photocopy items for internal or personal use, or the internal or personal use of specific clients, is granted by Airport Noise Report, provided that the base fee of US$1.03 per page per copy is paid directly to Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923. USA. � 199 F ti � F' st Ji��'- .r ar, s �.r.� as'.� '� i;y� s a r" ��.� . �., ��' i r �'� r � �f��'.' �. �� M1 � � .� t A . *9 t , ( �� q� �/�_ r N � '`+'°^'.a � < }�< a �. v, �� , � � � r ��3 :� Y e.�r. � r..5 rt� � 7l: ,� �?t' "a!� 3-� .,>F ...., G �s.m..�' _: <. "w., �'....: .. .:cra. �,c. '�r. r. " �-, � s' �� ,x��'" .cfjnr �� A weekiy update on litigation, regulations, and technologicai developments Votume 19, Number 44 December 21, 2007 Capacity DOT TO CA.�° FLIGHTS AT JFK, NEWARK; APPOaNT 'CZAR' TO REI)�TC� CONGESTION In an effort to reduce aircraft congestion in the New York City area that ripples throughout the aviation system, U.S. Transportation Secretary Mary Peters ordered on Dec. 19 that caps on hourly operations be imposed at John F. Kennedy International and Newark Liberiy International Airports and that an airspace "czar" be appointed to oversee efforts to reduce delay in that area. After months of negotiations with the airlines serving JFK International, they agreed to a cap on the number of flights at 82 or 83 per hour, depending on time of day. The cap will begin on March 15, 2008, and remain in place for one to two years. Currentty there are as many as 100 fiights per hour at JFK during peak operating times. Peters said that airlines will be aliowed to shift their flights to times of the day when the airport has unused capacity. That will allow 50 more flights per day than occurred last summer, she said. The Secretary also directed the Federal Aviation Administration to begin negotiations with the airlines to set hourly caps at Newark Internationa] Airport so that flights are not shifted there from JFK. Fearing that the JFK flights would be pushed to Newark, located in New Jersey, (Continued on p. 200) Minneapolis-St. Paul Int'1 �; : : : �. : � � ;. - � - — I-_ _�; �_ �- . ;: ; �, , :�.,�.�.., • . The Federal Aviation Administration will not stand in the way of a legal settle- ment agreement between the Minneapolis-St. Paul Metropolitan Airports Commis- sion (MAC) and the cities of Minneapolis, Richfield and Eagan, MN, that provides $126 million for sound insulation or air conditioning in more than 9,000 homes in the 60-64 dB DNL contour of Minneapolis-St. Paul International Airport. The Consent Decree outlining the settlement stipulated that it would only become effective if the O�ce of the Chief Counsel of the FAA advised the MAC in writing that the elements ofthe settlement are (1) an appropriate use of airport revenue; (2) consistent with MAC's obligation to operate a self-sustaining airport system; and (3) consistent with MAC's obligation persuant to grant agreements with the federal government. The FA.A's approval of the settlement was important because it pertains to homes in the 60-64 DNL contour of MSP International, which is beyond the 65 dB DNL threshold FAA used to determine residential compatibility with airports. In a Nov. 301etter to the MAC, FAA Assistant Chief Counsel Daphne Fuller said that the settlement order is "reasonable." She noted that "While it is probable that some of the homes that wouid benefit from the settlement are currently below an (Continued on p. 200) In This Issue... Capacity ... DOT order caps on operations at JFK and New- arkairports and appointment of an airspace "czar" to reduce congestion atNew York airports thatripplesthroughthe system. TheFAAalso begins implement- ing the coniroversial NY-NJ-PHL airspace redesign plan - p.199 Minneapolis-St. Paullnt'l ... FA.A signs offon settlement agreementthatwill provide $126 mil] ion to insulate or air condition more than 9,000 homes in the 60- 64 DNL contour - p. 199 I'art I50 Program ... FAA approves update to Austin- Bergstrom program; approves noise maps for Columbus Int'1, Marana Regional - p. 201 Research ... Four more papers on results ofthe HYENA study, which found alinkbetween aircra$ noise and hypertension, are due out in 2008 - p. 201 News Briefs ... The Airbus A380 powered by the GP7200 engine developed jointly by Pratt & Whitney.and GE receives iype certification from the FAA. and ihe EuropeanAviation SafetyAgency ... P&W agrees to collaborate with M'TU on new Geared Turbofan engines - p. 202 December 21, 2007 NJ Sens. Frank Lautenberg (D) and Robert Menendez (D) introduced legislation on Dec. 17 – iwo days prior to DOT's announcement — to bar that from happening. The DOT Secretary also authorized the appointment of an aviation "czar" to serve as director of the newly-created New York Integration Office. "The czar will coordinate regional airspace issues and all projects and initiatives addressing problems of congestion and delays in New York," Peters explained. She also noted that FAA is working on operational improvements to reduce congestion, including new satellite- based navigation procedures for the New York and Philadei- phia airports that will allow improved bad weather routing and allow shorter flights to operate at lower altitudes to open more airspace for long-haul flights at higher altitudes. Those procedures are part of the controversial airspace redesign plan for the New York-New Jersey-Philadelphia metropolitan area, which has been challenged in court in 13 lawsuits filed by local governments and community and environmental groups. On Dec. 17, the U.S. Court of Appeals for the District of Columbia Circuit denied a motion by Delaware County, PA, to stay implementation ofthe airspace redesign plan pending resolution of the litigation. Two days later, the same day of Peter's announcement, the FAA gave the go-ahead for air tr�c controllers to begin using new departure paths at Newark and Philadel- phia that will fan aircraft over communities that never had overflights before. Reaction to Announcement The Air Transport Association applauded the DOT announcement, calling it "a step in the right direction, and saying they "have little choice but to live with caps as a temporary measure." But ATA is likely most happy that the DOT announce- ment did not include two measures it bitterly opposes: the auctioning off of existing slots and congestion pricing. The DOT plan, however, does cail for auctioning off slots that become available in the future as a result of increased capacity. ATA also strongly supported the appointment of an aviation "czar" and said the czar "must have real authority to make real decisions." Airports also expressed support for the aviation czar to coordinate the implementation of air tra�c management and airport operational and infrastructure improvemenfis in the New York region. But the Airports Council International–North America expressed disappointment at DOT's suggestion that flight caps at JFK and Newark, as well as government-imple- mented slot auctions, are the most effective measures to address congestion in the New York airspace. ACI-NA said it agrees with the Port Authority ofNew York and New Jersey (proprietor of JFK and Newark) "that both options are not in the best interests of passengers." 200 But ACI-NA said it believes that "market-based congestion management tools implemented by the airport shouid be an option available to address congestion and passenger delays" "Airport proprietors are in the best position to manage the use of the facilities they planned, financed, built, and currently operate. They can effectively work with the airiines and local community to develop measures that address congestion management and take into consideration unique local circumstances." Rep. Jerry Costello (D-IL), chairman ofthe House Aviation Subcommittee, said his committee "has been urging the Bush administration to take action to address the probiem of congestion and delays all year, so I am pleased that the Secretary ... acted on our suggestions: ' He noted that the FA.A Reauthorization bill passed by the House this fall includes provisions that require the FAA to take action when there is evidence of over-scheduling of flights. "The bill also makes the investment necessary to begin the process of modernizing our air traffic control system, which is an essential step in creating new capaci#.y that will help alleviate congestion," he said. "The most important short-term step we can gtake to address the problems of congestion and delays is for the Senate to pass its FAA reauthorization bill and get a final bill enacted into law early next year," Costello said. MSP, from p.199 interiar level of DNL 45 dB and technically do not require any mitigation, the mitigation package is airport-related." Fuller said that airport Airport Improvement Program (AIP) and Passenger Facility Charge (PFC) revenues normally should not be used to provide sound insulation for homes that would not have qualified. "This could result either from the lack of a 5 decibel reduction considering their respective noise exposure levels or the lack of interior noise levels greater than DNL 45 dB. Sound insulation in these circum- stances would represent a windfall for homeowners and would have no legitimate airport purpose or relation to airport impacts: ' But Fuller said that these qualifying criteria shouid be "reasonably applied" "Due to the level of thermal insulation in most residential construction in the Minneapolis area, some latitude for interior noise level measurement has historically been afforded in administering the MAC noise mitigation program," Fu] ler said. John Putnam ofthe Denver law firm Kaplan Kirsch & Rockwell, who served as one of the lead attomeys for the cities in the settlement, told ANR. that Fuller appears to be using her letter as an opportunity to enunciate a policy statement that residential sound insulation is not needed if interior noise levels are greater than 45 dB DNL because there is no noise impact. That was an issue raised in the trial on the cities' litigation, he said. The cities felt that there was a lot of scientific evidence that noise impact can occur even though interior Airport Noise Report (; . December 21, 2007 noise levels are below 45 dB DNL. FAA has not provided any scientific basis to support that level, he said. In terms of the MSP settiement, FAA has shown some flexibility on the 65 dB DNL compatible land use guideline but appears to be taking a harder line on the 45 dB DNL interior criteria, he said. Funding Options Regarding how the settlement agreement will be funded, Fuller "the chances that AIP funds would be available considering national funding priorities are very slim." Fulier said the MSP Consent Decree would qualify for PFC funding provided the MAC shows that (1) noise contours relied upon are a reasonable representation of current and/or forecast conditions at MSP International and (2) the measures qualify for FAA Part 150 program approval. Based on the information available to FAA, Fuller said that the 2007 Mitigated Noise Exposure Map included in the Consent Decree may qualify as a reasonable representation of current condition at MSP. However, the 2005 Mitigated Noise Map in the Decree would not, she said. "The addi- tional residences within the larger 60-64 dB DNL contour area on the 2005 Mitigated NEM are not likely to qualify for PFC funding," she wrote. Putman said the eligibility or availability ofAIP or PFC • funds will not affect the MAC's obligation to undertake the insulation of all of the eligible homes. "The Consent Decree is not dependent on the availability of federal grants." He said that Fuller's letter suggests that the agency may require the cities to pass proposed ordinances (stipulated in the Consent Decree) to require, under some circumstances, more noise mitigation for new and some expanded homes in the noise contours above 60 dB DNL. The settlement also required the approval of homeowners involved in a separate class-action lawsuit against the MAC. That recently occurred. Now the settlement goes back to Hennepin County District Court on Jan.15, 2008, where final approval is expected. Part I50 Program FA.A APPROVES AUSTIN �.T.TPDATE, MAPS FOR COLUMBUS, MARANA On Dec. 20, the Federal Aviation Administration an- nounced its approval of an update to the Part 150 Airport Noise Compatibility Program forAustin-Bergstrom Interna- tional Airport. The agency granted outright approval of all three program measures: acquisition of noise-sensitive land uses, upgrade of the existing noise monitoring system, and a recommenda- tion tliat the operating characteristics of the airport be monitored to ensure the accuracy of the noise exposure maps. The Record of Approval of the program will be available on-line at http://www.faa.gov/arp/environmentaUl4cfr/1S0/ indexl4.cfrn. 201 For further information, contact Paul Blackford in the FAA's Fort Worth, Texas, office; tel: (817) 222-5607. On Dec. 17, the FAA announced that noise exposure maps submitted for Marana Regional Airport in Marana, AZ, meet federal requirements. For further information, contact Michelle Simmons in FAA's Los Angeles Airports District Office; tel: (310) 725- 3614. On Dec. 20, the FAA announced that noise exposure maps submitted by Columbus Regional Airport Authority for Columbus International Airport meet federal requirements. The agency also announced that it is reviewing a proposed noise compatibility program for the airport and that its review will be completed by June l, 2008. Public comment on the proposed program ends on Feb. 2, 2008. For further information, contact Katherine Jones in FAA's DetroitAirports DistrictOffice; tel: (734) 229-2958. Research i�' !1 J . �. ;� �� II I � C '' " i : ' � ; ), �'! F 1 : Additional papers are due out in 2008 on the findings of the European HYENA study, the first large multi-airport study designed to assess the effects of exposure to aircraft noise and road tra�c noise on blood pressure and cardio- vascular disease, as well as possible modifying effects of exposure to air pollution. The main HYENA results, just published (19 ANR 195), found a significant link between exposure to aircraft noise (and to road traffic noise for men only) and increased risk for hypertension. A second paper on acute effects (those occurring immedi- ately) is expected to be accepted for publication soon, according to Dr. Lars Jarup of the Imperial College of London's Department of Epidemiology and Public Health, who was the principle investigator of the HYENA study. Following publication of the second paper, Jarup plans to draft a leaflet for policy makers, he told ANR. He said that at least three more papers will follow in 2008 on annoyance, on stress hormones, and on heart disease. The HYENA study also looked at a sub-sample of subjects in more detail, recording 24-hour blood pressure every 15 minutes and continuous nighttime noise exposure measurements, in order to assess the short-term effects of aircraft noise during nighttime and its effects on blood pressure dipping at night, which is an established risk factor for cardiovascular disease. One of the follow-on papers will analyze acute blood pressure changes related to short-term aircraft noise exposure (particularly at night). Also notreported yet is an evaluation of the modifying effects of traffic-related air pollution (nitrogen dioxide and particular matter) on noise-associated cardiovascular risk factor and cardiovascular disease. The HYENA study results are being cited by local govern- ments, community groups, and politicians involved in Airport Noise Report December 21, 2007 . � � ! ' , � ' . • J / �:_—:•�,;;1 John J. Corbett, Esq. Spiegel & McDiazmid Washington, DC 202 lawsuits challenging the Federai Aviation Administration's airspace redesign project for the New York-New Jersey-Philadelphia area, which the agency began implementing this week. In Brief ... � Carl E. $urleson Director, Office of Environment and Energy A380 Engine Alliance Receives Type Certifications Federal Aviation Administration Michael Scott Gatzke, Esq. Gatrlce, Dillon & Ballance Cazlsbad, CA Peter J. Kirsch, Esq. Kaplan, Kirsch & Rockwell LLP Denver Vincent E. Mestre, P.E. President, Mestre Greve Associates Laguna Niguel, CA Steven F. Pflaum, Esq. McDermoit, Will & Emery Chicago MaryL. Vigilante President, Synergy Consultanu Seattle The Airbus A3 80 powered by the Engine Alliance's GP7200 engine received type certifications from the European Aviation Safety Agency (EASA) and the Federal Aviation Administration on Dec.14. The joint certification follows 16 months of flight testing and paves the way for entry into service with Emirates next year, Pratt & Whitney said. The GP7200 is derived from two successful wide-body engine programs: the General Electric GE90 and the Pratt & Whitney PW4000. The engine benefits from the two program's latest proven technologies and incorporates lessons learned from more than 18.8 million flight hours of operations of both engines, according to Pratt. It said that the GP7200 will ensure that the A380 meets stringent Stage 4 noise standards and London's CQ2 departure rules. The engine's environmental emissions are well below current and anticipated regulations. "This certification is a major milestone for our engine and is a great achieve- ment for our team," said Bruce Hughes, president of the Engine Alliance. "The engine has proven itself to be a fantastic power plant for the A380 and we look forward to a successful entry into service with Emirates." During the Airbus flight test program, the GP7200 engine achieved or exceeded atI test objectives, Pratt said. It is the most extensively tested engine ; designed specifically for large commercial aircraft, having accumulated 240. . flights and 2,855 engine flight hours. In addition to the flight testing, the GP7200 engine has amassed more than 5,250 hours and 17,760 cycles of endurance ground testing. Continued ground testing will ensure mature engine reliability from its first revenue flight, according to Pratt & Whitney In other news, Pratt & Whitney announced Dec. 14 that it has agreed to collaborate with MTU Aero Engines on P&W's next generation product family, including the new Geared Turbofan engine, which is setting new standards for fuel efficiency and noise reduction, the company said. Under the agreement, MTU will share in the design and manufacturing of the Pratt & WhiMey Canada's 15-17,000 pounds thrust class Geared Turbo- fan engine for the Mitsubishi Regional Jet, and for the larger 23,000 pound thrust class Geared Turbofan engine for the Bombardier CSeries. AIRPORT NOISE REPORT Anne H. Kohut, Publisher Published44times ayearat43978 UrbancrestCt.,Ashburn, Va. 20147; Phonec (703) 729-4867; FAX: (703) 729-4528. e-mail: editor@airportnoisereport.com; Price $850. Authorization to photocopy items for internai or personal use, or the internal or personal use of specific clients, is granted by Airport Noise Report, provided that the base fee of US$1.03 per page per copy is paid directly to Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923. USA. Eaqan-Mendota Heiqhts Corridor Report One of the most effective Noise Abatement procedures implemented at Minneapolis-St. Paul International Airport is the use of the Eagan- Mendota Heights Corridor. The procedure sets boundaries for aircraft departing from runway 12L and 12R to minimize the amaunt of aircraft flying over residentially developed land. The Report gives a summary of departure operations off 12UR and provides counts and percentages of operations that adhered to the boundaries of the corridor. .,, �. ,.9. ,,: <_..�. �. rt,.:, �„p . w..:_. ;;;":"��,;;��".'- _`�:,�.r ' The first page shows all of the carrier jefi aircraft that departed from Runways 12L �„ '; �� and 12R and the number and percentage of those aircraft that remained within � the Corridor boundaries. The graphic on the bottom of the page shows a -�� ,- :; penetration gate plot for the aircraft that remained within the Corridor boundaries -�- �- ------�-= (In_Corridor). The x-axis shows the harizontal location of the flight track relative --- : �_�;- to the center of the penetration gate and the y-axis shows the vertical distance ��T.��f ^; above the airport ground level as the aircraft passed through the gate. ' f � ---a - --� ;; -- - The next two.pages examine the operations that were outside of the Corridor boundaries, either to the north south of the Corridor. The graphic on the bottom of those pages represent a penetration gate plot for the aircraft that were either north or south of the corridor and exactly where those aircraft were lacated as they passed through the gate. The next page shows the same information, but shows how many aircraft would have been outside of the South Corridor boundary, if that boundary was located 5 degrees to the south. '!'op 75 Itunn:�r 12L xnd I? R Depxrlurc 1)rstlnuqnae larAu�uxt 20t15 The last page of the report shows the top 15 destinations for aircraft departing from Runways 12L and 12R. � ' ' ,' , ' t , .•'� �' �,� „ ! ,. ,� .�•, � •; •• � , �� "�e �� ' . � . � •• :� � r, ,, ., _ . :t',. :r�;� � _ � ° ^�, , ;t d� , .. �This report is for informafional purposes only and cannot be used for enforcement purposes. �wCuv/�vntaii rluNvrt� �,vnnrn�s�vu , 2121 Carrier Jets Departed Runways 12L and 12R in November 2007 � 2007 (94.6%) of those Operations Remained in the Corridor 2121 Total 12L & 12R Carrier Departure Operations 2007 (94.6%) Total 12L & 12R Carrier Departure Operations in the Corridor , i, Minneapolis-St. Paul �: ; Penetration Gate Plot for In Corridor Gate i, 11 /01 /2007 00:00:00 - 11 /30I2007 23:59:59 2007 Tracks Crossed Gate: Left = 1146 (57.1 %), Right = 861 (42.9%) � 6000 5500 5000 m LL 4500 , n a000 ' 'a _ .. ., .. . rf _ r . . - 7 3700 J l � , �� c � .� � W ' ` ��., �M y ry r i -. •Yn'� C'� �'T, r a . . � � _ � ?/��' T j � f a 4 � F; ?j t'tya 3j � � 3000 �� "r �.5�. � r�..v �y+" '^� .t r "��- ^t�` �-� c,�? .. ,C -t i � � ¢ p _ lii,> �-�`,�'St'�: <<i . � �, . q� . V..`'�'� r,C"'�� 5�,.�� L �� tG: ` S� Yi�;y � � P600 � �"�+ � �... . 'v �'{ > ° {.. ``'X�'`'k� �rx-�,cx-. u.�" d z000 t�� ` ✓�� . �.� � ..� _ ''�`��;a •'�'.�`'' P � ��r' . ' S' .-Z, "`�`,-�''.r? �:��,�,"',�i .i + � �� r �`' �� Yk'":,r . � 1500 `" , � � � ^ ,,� � � '� �y� r�✓ >ti,`r`�i ..� .d'.�� J `J �' - _„i'� c'^-%y'.�... _ <> _ .. 100p - " .. 500 O -1.4 -1.2 -1.0 -O_B -0.6 -0.4 -0.2 0.0 0.2 0.4 0.6 O.B 1.0 1.2 1.4 � �cvlatlon From G�ntcr oT GaEc �Mlles) ��:*in cases where altitutle inRormation is unavailabie, that o eration is not represented Sn above ra h. � rviCu vNuutai � r�u Nui ta �u� t u niaa�v� � 63 (3%) Runway 12L and 12R Carrier Jet Departure Operations were North of the 090° Corridor Boundary During November 2007 Of Those, 26(�)Returned to Corridor Before Reaching SE Border of Ft. Snelling State Park _ _ � Minneapolis-St. Paul '� ,�; Penetration Gate Plot for North Corridor Gate , ;� � :: 11 /01 /2007 00:00:00 - 1 1 /30/2007 23:59:59 ` Gate: Left = 28 (44.4%), Right = 35 (55.6%) ' ,; . �� Tracks Crossed 6000 5500 �., 5000 Y C1' V9500 p q0o0 •� 3500 W 3000 O � 2500 Q d 2000 O � 1500 1000 500 0 - -" - w.o o.0 0.5 1.0 1.3 [Runway End) (Corr7�Ior Eni!) Dev�atlon From Ccnter oY Gatc (Mll�s) 2-O 2.5 � e rncti vN��nai i r1n Nu� �a �,vi i n i naaw� i 51 (2.4%) Runway 12L and 12R Carrier Jet Departure Operations were South of the Corridor (South of 30L Localizer) During November 2007 Of Those, 4( �)Returned to Corridor Before Reaching SE Border of Ft. Snelling State Park . ..p , ,....... Minnea olis-St. Paul Penetration Gate Plot for South Corridor Gate 11 /01 /2007 00:00:00 - 11 /30/2007 23:59:59 51 Tracks Crossed Gate: Left = 26 (51 %), Right = 25 (49%) `:, 6000 5500 ,.� 5000 a W 9500 .p 4000 y7 � 3800 . . � W : � 3000 '�, O , ' 2500 � � :,Q `''i�J : _ ... y 2000 - _� '�-' : � 1500 � _ l ✓ „ , - ' 1000 � _. . ... _ ..^�•;_O ,�> O . ' : � "..y�•� - ' 500 .. O � O -2.0 -1.8 -1.6 -S.q -1.2 -1.0 -0.8 -O.6 -O.q -0.2 O.O 0.2 0.4 O.6 O.8 1.0 1.2 1.4 1.6 1.8 2.0 (Corrldlor End] (R1NY Mls!-Polnt) 6cvlatlon Prom Cent�r oT Gate (Mllcs] cases wnere aititude infarmatlon is unavailabie, that operation is not represented in above graph I; iviCuuN�uian r�nNuiw �.u�uiiu�awn �� 8(0.4%) Runway 12L and 12R Carrier Jet Departure Operations vvere 5° -- South of the Corridor (5° South of 30L Localizer) During November 2007 ` , _ � Minneapolis-St. Paul ;:;;',; Penetration Gate Plot for 5° South Corridor Gate 11 /01 /2007 00:00:00 - 1 1 /30/2007 23:59:59 '.' 8 Tracks Crossed Gate: Left = 6(75%), Right = 2(2: 6000 5500 �., 5000 N ' W 4500 p 4000 •T 3500 N W 3000 .0 p a �� z�oo .. Q �� z000 ' o : � �4 lsoo _ : s000 soo 0 -2.0 -1.8 -1.6 -i.q -1.2 -1.0 -0.8 -0.6 -0.4 -0_2 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 [Cnrrldnr End) � (RiNY Mld-Polnt) � � � � � � Devlatlon From Centcr oF Gate (Mlles3 '�*In cases where altitude SnFormation is unavailaple that operation is not represented in a6ove graph � � ''r; l i iviCu vN�uiai i r�n Nv� ia �,�i i u i uaa��i i Top 15 Runway 12L/12R Departure Destinations for November 2007 Airport City H�deg° �g #Ops Total Ops FAR FARGO 312° 70 3.3°/a ORD CHICAGCa (O'HARE) 124° 63 3% SEA SEATTLE 27$° 50 2.4% BIS BISI1/rARCK 291 ° 4$ 2.3% YWG WINNIPEG 330° 45 2.1 % BOS BOST(7N 97° 42 2% YYZ TORONTO 95° 41 1.9% SFO SAN FRANCISCO 251 ° 41 1.9% ATL ATL�NTA 149° 39 1.$% DLH DULUTH 19° 39 1.$°/a GFK GRAf�ID FORKS 316° 37 1.7% GRB GREEN BAY 90° 35 1.7% PDX PORTLAND 272° 35 1.7% AMS AMSTERDAM 83° 35 1.7% DTW DETROIT 105° 34 � .6°Io C Vern Wilcox NOC Co-Ghair & City Council Member City of Bioomington Minneapolis Air Traffic Contro! Tawer Minneapolis-St. Paui international Airport 631'I 34th Avenue South Minneapolis, MN 55450 November 29, 2007 Kathleen Nelson NOC Co-Chair & Northwest Airlines Regional Director - Airline Affairs Dear Co-Chairs Wilcox and Nelson: i am in receipt of your lefter dafed November 18th, 20p7 wherein you requested that I brief our � tower supervisors on the importance of adhering ta the approved RUS during nighttime _ operations. This is your notificatian the briefings were compieted Thursday, November 29. As sta#ed in my letter to you last month, the FAA recognizes that aircraft over-flights of residential areas, especially during nighttime hours, can be invasive. The MSP Tower staff is commitied to adhering to t�pp�y�d RUS. f� J � C-Garl-�Ry�ieen"`-`-------____._ Assisfant Air Traffic Manager ~1 Minneapolis Air Traffic Control Tower 612-713-4000 RN/jp i.. y � ,� * x _ � ��$ b t�� >,� tI � �;1� ui�:: � c . �`; � �' �I � � .�I�? ,�,., i�,:, 4;"z=a.` 1"., 7 r' t t ...ex' r»,�. � mfzn rr�.�. :s;r _.,-�3 � G •:mn° �. � �,''� r r� � � k..vv o y , ; 4��, 7 �. «.ika r�fr .,{:'' A weelcly update on litigation, regulations, and technological developments Votume 19, Number39 Researclz � , ; � � �. . � � ; . �. . . � r , A major survey of 2,733 households around 16 airports in England, done for the UK Department ofTransport, concluded that people were more annoyed by aircraft noise in 2005 than they were in 1982, when an earlier survey was done. One possible explanation for the increase in reported annoyance may be a combination of better income and standard of living and changes in societal attitudes where people have become less to]erant of intrusive noise over time, according to the report, "Attitudes to Noise from Aviation Sources in England," which was just released by the Department of Transport. The respondent's household income and socio-economic level were determined to be the most important influences on their level of annoyance to aircraft noise, according to the study, which was done by the inteinational transportation consulting firm MVA Consultancy. Annoyance increases with income for a given Leq, the study found. LAeq (equivalent continuous A-weighted sound pressure level) is the metric the UK governmet�ti uses for aircraft noise measurement. The study (called ANASE) also determined, by using a novel technique of aslcing people house much they were willing to pay not have aircraft overfly their (Continued on p. 180) Research , ,� � . �� . .� ,. � � .. . ,• . �• ; :�; . �; ; � ; The PARTNER research consortium announced recently that it will conduct a review of the literature on the health effects of noise, particularly aircraft noise, and examine in detail the basis for frndings reported in recent meta-studies. The research findings wiil be used to detennine whether PART'NER shoufd adopt a different approach to measuring the cost of noise and to identify gaps that need to be explored to more realistically address health effects in aircraft noise models. The principle investigator for the new research, Project 19: Health Effects of Aircraft Noise, is Patricia Davies ofPurdue University's School ofMechanical Engineering. Her review of the literature will feed into another PAR1"NER research project, Number 3, on valuation and trade-offs of policy options. The International Civil Aviation Organization's Committee on Aviation Environ- mental Protection (CAEP) held a workshop in Montreal on Oct. 29-31 at which it .,��..a ,....a: a� ,._ �,,..:_ u� ..0 ,�u.,,ng cxNc, �� „ �, ., ,,,,pacts of aviation noise, air quality, and cl�mate change for guidance on developing ways to asses the costs and benefits of those impacts. That input also will be used in Project 3. "To optirnize airport development, it is important to be able to quantify the (Co��tinued on p. 181) 1�9 November 16, 2007 In This Issue... Annoyance ... A major Briiish SiUClj� Of c'1TlllOj�&IiCc u� i.Criiii iiuiii- ties near 16 airports in England finds thatpeoplewere more annoyed by aircraftnoise in �.OG� than they were in 1982. House- hold income and socio-econorr�ic level arethemost important' influences on level ofannoyance, the study concludes, explaining that people appear to have become lesstolerantofintrusive noise over time - p.179 Resec�rch ... PARTNER launches anew project under which ar•eview ofthe literature on the health effects ofnoise, particu- larly aircraftnoise, will be con- ducted by Purdue - p. 179 Ai�space ... Some 13 lawsuits have now been filed over FAA's airspaceredesign plan forthe NY/NJ/PHL, area - p. 181 News Briefs ... Lochard gets contractto deliver its subscription NoiseOffice ServicestoPrague Ruzyne Airport forthe next 11 j�011'S. T�'10 SUbSCTiptldii SCi v iC� i5 ', "drivinganewtrendinairport '�I noise management," Lochard says ... ESti..Airports is seeicing a ', senioraircra$noisemodelerfor ' its Tampa, FL, or Sacramento, � CA, offices - p. 181 I ber 16, 2007 homes, that a change in the numbei• of aircraft operations would have the greatest effect on reducing aircraft noise annoyance. However more research was thought to be needed to explore how accurately people associate reduc- tion in aircraft numbers with a change in overall sound levels. The study concluded that LAeq may not be the best metric to predict future ]evels of annoyance. "Overall, we consider that while LAeq continues to be a good proxy for ,;,�asuring community annoyance at a point in time, the relationship between LAeq and annoyance is not stable over time. A Noise and Number Index (NNI)-type measure appears to offer a stronger basis than LAeq for estimating future levels of annoyance in response to changing numbers and types of aircraft," the report concluded. That is because a NNI-type measure would give greater weight to the number of aircraft relative to the sound level than LAeq. The study found that the changes in reported annoyance for a given LAeq between 1982 and 2005 may reflect the changes in the composition of numbers of aii•craft operations and the sound levels from these operations to which people are exposed. T"e �� fi.:dy :aises t::e ,,tion of how well the dose/ qu., response criteria for annoyance to aircraft noise delineated in the Schultz Curve, which underpins U.S. aircraft noise policy, has held up over time. The Schultz Curve is based on social suiveys done in the 1960s and 1970s; many fi•om Europe). It indicates that about 12.5 pei•cent of the popula- tion will become "Highly Annoyed" to transportation noise at 65 dB DNL. Tl�e ANASE study raises the specter that the pez•centage of highly annoyed.people at 65 DNL could have increased. Like LAeq, DNL does not give great weight to numbers of aircraft operations. It is driven by the loudness ofaircraft. Goals ofANASE Stndy The last major UIC survey of the attitudes of airport neighbors to aircraft noise was done in 1982 and the results were reported in 1985 in the United Kingdom Aircraft Noise Index Study, known as the ANIS study. "Since 1982, however, the overal l amount of air traffic has increased significantiy whilst the sound levels generated by individua] aircraft events have been significantly reduced as older, noisier aircraft types have been replaced by more modern aircraft types with quieter engines and much improved climb performance. In addition, it is possible that attitudes about aircraft noise might have changed along with social changes in the population, and that the aircraft noise indicator adopted after the 1982 ANIS study (Leq) ,...b�"' �'* t'� i%�� „yjy;�,p,i:�2i�, ivi Y:•cscnt da;� Cviiditions. It was aa� ., therefore considered timely to see whether the current understanding of the links between reported annoyance and aircraft noise ]evels still held," an Executive Summary ofthe study explains. The study is available on in Internet at http:// www.dft.gov/uk/pgi /aviation/environmental issues/. 180 The ANASE study had three goals: � To reassess attitudes to aircraft noise in England; • To reassess their correlation with the Leq noise index; and • To examine (hypothetical) willingness of people to pay to reduce their annoyance to aircraft noise. "Meeting the third objective in the ANASE study was potentialiy the most challenging because of the necessarily innovative nature of research in this area," the study summary notes. "Generic techniques for studying attitudes to aircraft noise and for measuring aircraft sound levels have been in existence for many years, but there are few prece- dents for studying aircra$ noise using SP methods [which ask people to express their preferences between a set of alternatives) and no large scale studies had been carried out previously in the UIC using this method. It was therefore necessary to carry out a considerable amount of pilot study testing to develop and confirm an appropriate methodology before starting the main study." Because of the complexity of the study and tlie many pilot studies that were involved, four advisory groups were set up: a Steering Group to oversee development of the study; an international Peer Review Group comprised of international experts; an SP sub-group with expertise in that research technique; and allon-SP Sub-Group oftechnical experts. ancrease in An��y au;.c The increase in annoyance reported between the 1982 ANIS study and 2005 ANASE study is not expressed in terms easy to uncierstand. The study states the following: "For an LAeq of 57 [the onset of significant annoyance], the modeled value of annoyance for ANIS is 39 (slightly higher than `a little annoyed' on the ANiS scale), whereas for ANASE it is 53 (somewhat higher than `moderately aimoyed' on the ANASE scale)." ANR will do a follow-up story to better describe the increase in annoyance found in the ANASE study and to discuss its implications for U.S. noise policy. Ot6er findings of the ANASE study are: • People's sensitivity to airccaft noise varies througll t11e day with the greatest annoyance occurring between 11 p.m. and 3 a.m. and the least annoyance from 3 p.m. to 7 p.m. and 7 p.m. to 11 p.m.; • The "implied willingness" of people to pay to remove all aircraft noise ranged fi•om $8 to $24 per annum per dB reduction in LAeq, depending on huuseiioiu ijii:oiiic levci. This translates to a total of $560 per year for residents with incomes of about $41,000 and $1,450 for those with incomes of about $124,000 per year. While these amounts were in the same ballpark as recent valuations based on Hedonic Pricing, the researchers said they had some reservations about the data because of the latge proportion of residents who said they were not willing to pay to reduce noise and influences on their valuation process. Airport Noise Report November 16, 2007 Researcli, from p. 179 irnpact of noise accurately so that a realistic cost-benefit analysis of a proposed development can be performed," PAR'TNER explained. "In many cases, hedonistic measures of noise impact, such as differences in house prices in noise exposed vs. non-exposed communities are used. But, by using such an approach, is the h•ue cost of the noise being determined, or are there more serious health effects caused by cI1JiI'vTiiiiciliHl DOISE OXpOSUie, perhaps not fully under- stood by people living in communities, that ultimately lead to a shortened life span and/or reduced quality of life? If so, at what noise level do these effects begin to occur and how do they grow with increased noise levels?" PART`NER noted that there can be health-related conse- quences to community noise, such as cardiovascular effects arising fi•om stress caused by noise, sleep disturbance, and annoyance. Noise atso can cause cognitive impairment and impairquality oflife. The PARTNER review ofthe literature is likely to include a large European study assessing the impacts on cardiovascu- lar health of noise generated by aircraft and road traffic due out soon. Called HYENA (Hype►-tension and Exposure to Noise near Airports), the study includes 6,000 subjects living near major airports in Germany, Greece, Italy, The Netherlands, Sweden, and the United Kingdom. The overall evidence suggests that a weak association exists between long-teim noise exposure and high blood pressure or cardiovascular disease but studies to date have �how�� o�;t�adi��u�y ;esults. If the HYENA study finds a link between exposure to aircraft noise and cardiovascular disease, the cost of exposure to noise would certainly go up. PARTNER (Partnership for AiR Transportation Noise and Emissions Reduction) is a research consortium comprised of universities, aerospace industries, consulting firms, and governmental agencies funding and per•forming research that will be used as tl7e basis for future airerai� �ioise and emissions policy. Airspace 13 I,AWSiJITS I�Ti)W I'II.,ED �i�r�.air � i r�.xic�i'AC�+ REDESIGliT Thirteen lawsuits have now been filed against the Federal Aviation Administration's airspace redesign in the New Y ork/New Jersey/Ph i ladelphia metropolitan area by govern- ments at the state, county, and town level as well as by various civic associations, environmental groups, and an anti-noise group. Most of the lawsuits have been filed in the U.S. Court of Appeals for the Third Circuit in Philadelphia but three were filed in the U.S. Court ofAppeals for the Second Circuit in New York and three were filed in the U.S. Court of Appeals for the District of Columbia Circuit in Washington, DC. It remains to be seen how these cases will be consolidated. 181 The FAA most likely wants the cases in the D.C. Circuit where it has a good tracic record of winning challenges to its decisions. The latest lawsuit to be filed was on Nov. 2 in the Third Circuit in by Delaware State Sen. Catherine Cloutier, resi- dents of the Villages of Arden, Ardentown, and Ardencroft, and nine civic associations in northern New Castle County, DE. That case is Timbers Civic Association (New Castle County DE), et al v. US DOT. Other lawsuits filed in the Third Circuit were by the City of Elizabeth, NJ; County of Delaware, PA; Board of Freehol d- ers, Bergen County, NJ; Borough ofEmerson, NJ; County of Union (NJ) Freeholders and Noise Advisory Board; and tk:e New Jersey Coal ition Against Aircraft Noise (NJCAAN). Lawsuit filed in the D.C. Circuit were by County of Delaware (PA) [it filed in two courtsJ; County of Rockland, NY; and Friends ofRockefeller State Park Preserve Inc. Lawsuits were filed in the Second Circuit by the Alliance for Sensible Airspace Planning (Towns of Stamford, Norwalk,Greenwich,NewCanaan,WIlIU11�1:�d1'icli� wesipuri, Ridgefield, CT, and Pound Ridge, NY; Town ofNew Fairfield, CT; and the State of Connecticut. GAG Stuciy Meanwhile, the GovernmentAccountability Office (GAO) plans to release its cornprehensive review of the FAA's airspace redesign project in July 2008. The report, being prepared forthe House Aviation Subcommittee, will examine three key issues: (1) the irnpacts, timeframes, and final costs of the redesign project; (2) whether FA.A followed proce- dures required for such a project; and (3) the strengtlls and limitations of the FAA's study methodology, which has a�. ...:_,...._..�...: eenw� eycrtt�ctzcu��;n��,,,,,.,,r.,u�.r�� .,,.,.,,.,.�ibc`..,.. in the redesign plan. Noise mitigation was addressed by FAA but after the airspace redesign plan had been finalized; not during the redesign process. The GAO may call on outside experts for assistance with its study, which has just moved out of the study design phase. In Br�ief ... Lochard Gets Prague Contract Lochard announced Nov. 12 that, worlcing with its Czech partner MaRexcom, it has secured a contract to deliver its subscription NoiseOfFce Services to Prague Ruzyne Airport for the next 11 years. NoiseOffice is a subscription service providing the information needed to run an airport noise program, includ- ing reliable and precise monitoring of aircraft noise impact and routine reports and powerfut ;nvcstigatio;� toc.s, according to Lochard. The firm said its subscription service is "driving a new trend in airport noise management." "The noise management program at the Prague Interna- Airport Noise Report November 16, 2007 182 ' AN�2 EDI,I„ORTAY., tional Airport is one ofthe highest ranked in Europe. With the continuous AI2VISORY BC�ARD gi�owth of operations it was necessaiy for the airport to significantly step up management of noise issues, including the quality of i•esponses to the community and stakeholders. The existing noise management solution was JohnJ.Corbett,Esq. inadequate and unable to deliver the outcomes needed to support the Spiegel & McDiarmid ai�port's strong growth," Lochard said. Washington, Dc Lochard said its NoiseOffice service will free airport staff to focus on Carl E. Burleson stakeholder engagement at a lower total cost than owning and operating a Director, Office of Environment and Energy Federal Aviation Administration Michael Scott Gatzke, Esq. Gatzke, Dillon & Ballance Carlsbad, CA Peter J. Kirsch, Esq. Kaplan, Kirsch & Rockweii LLP Denver Vincent E. Mestre, P.E. President, Mestre Greve Associates Laguna Niguel, CA Steven F. Pflaum, Esq. McDermott, Will & Emery Chicago MaryL. Vigilante President, Synergy Consultants Seattte noise system. As part of the contract, Lochard wil i deploy 13 EMU noise monitors linked to its ANOMS Noise and Track Monitoring technology running in Lochard's datacenter. MaRexcom, in conjunction with Lochard'sNoiseO�ce team, will operate the system on behalf of the airpoit. A series of specialized reports will provide the information that the airport needs to manage it noise abatement policy. "We are very pleased to have secured this long term partnership with Prague Airport," said Phil Stollery, vice president Lochard EMEA. "NoiseO�ce is really gathering momentum in the market as airports, both large and small, are choosing to focus on engaging their stakeholders i•ather than managingtechnology." ESA Seeks Senior Aircraft Noise Modeler ESA Airports is seeking an experienced senior aircraft noise modeler for its Tampa, FL, or Saccamento, CA, offices. The ideal candidate would have five or more years of progressive consult- ing experience using the Integrated Noise Modetto model aircraft noise exposure for a range of airports. Candidates must be capable of indepen- dently handling every aspect of the modeling process from data collection to development of finat contour graphics. ' `.'�rking knowledge of GIS, aircraft performance characteristics, and ATC approach and departure procedures required. Experience using NOISEMAP, NIRS, INM, airports NOMS, and conducting aircraft noise measurements a plus. Experience using the FAA's EDMS desirable. ESA Airports offers a competitive benefits program including compi•essed work week scheduling. Salary commensurate with eYperience. Interested candidates should send resumes to Human Resources at hr a�esassoc.com. AIRPORT NOISE REPORT Anne H. Kohut, Publisher Published44timesayearat43978 UrbancrestCt.,Ashbui�n, Va.20147; Phone: (703) 729-4867; FAX: (703) 729-4528. e-mail:editor@airportnoisereport.com; Price$850. Authorization to photocopy items for internal or personal use, or the internal or personal use of specific clients, is granted by Airport Noise Report, provided that the base fee of US$1.03 per page per copy is paid directly to CopyrightClearance Center, 222 Rosewood Drive, Danvers, MA 01923. USA. 183 r a `' s � < � �7 �s .. z �� J : � �, t f�a � r �'7�: .'.�"� t 4 *: � ` � � �,� �_ � i �. ��.,� i ��,( , t �,^,. r _ �%r '�� nz .cti� A weekly update on litigation, regulations, and technological developments Volume 19, Number40 November 23, 2007 Noise Metrics CFIAl1VIPION NEEDED TO MOVE FEDS TO 1V�ORE MEANINGFUL NC�ISE ANALYSIS Various practitioners of aircraft noise analysis have offered good ideas for ad�ancing the field but what is critically needed is some organization to serve as a champion of these ideas and move federal agencies to adopt them, Thomas Connor, Wyle Laboratories' program manager for aircraft noise modeling and analysis, asserted in a paper presented atNOISE-CON 2007, held Oct. 22-24 in Reno, Nevada. Connor recently retired from a long career in the Federal Aviation Administration's Office of Environment and Energy, capping it as manager of the noise branch. His paper, "The search for more meaningful aircraft noise analysis in support of more effective airport planning," is written, he notes, "from the per- spective of an eyewitness to and participant in, every aircraft noise decision made by the FAA from 1973 to 2006: ' His paper will be published soon as a Wyle Noise Bulletin. Connor told the conference that "he wouid not be surprised that, within the next few years, the FAA is directed to study the potential for another phase-out of the noisier commercial airplane fleet. This time the phase-out would affect those airplanes meeting the Stage 3 standard now that the Stage 4 standard is in effect. - (Continued on p. 184) Airspace �; ., ., .� �� , . �, ,� ,�: : .. ;� � , . . � : :�: Contending that the Federal Aviation Administration is trying to fast-track its controversial redesign of the airspace in the New York/New Jersey/Philadelphia metropolitan area, two congressmen from New Jersey and Pennsylvania are urging local governments that will be impacted by the redesign plan to ask the courts to block the FAA from impiementing it. Reps. Robert Andrews (D-N� and Joe Sestak (D-PA) on Nov. 20 appealed to local governments that will be affected by the broad airspace redesign to seek emergency litigation to stop the FAA from beginning to implement its redesign plan on Dec.17. FAA said it will begin fanning some departures from Newark Liberty International Airport iflraining for air traffic controller is completed by that date. Andrews commended Mayor Chris Boilwage of the City of Elizabeth, NJ, for already filing a motion to enjoin the FAA from moving forward with its plan. Delaware County, PA, also has decided to seek an injunction, according to BarbaraLichman ofthe CostaMesa, CA, law firm Chevalier, Allen & Lichman, which represents Delaware County in its challenge of the airspace redesign. An FAA spokesman said the agency has been upfront, since it issued the (Continued on p. 185) In TIZiS ISSue... Noise Metrics ... The former chiefofthe noisebranch ofFAA's Off ce ofEnvironment and Energy saysthat some organizationneeds to serve as a charnpion ofnew ideas for advancing aircraft noi se analysis in orderto get federal agencies to acceptthem. ThomasConnor, who now heads aircraft noise modeling and analysis at Wyle Labs, says in a paper presented at NOISE-CON thathewouldnotbe surprised if FAA is directed, within the ne�t few years, to study the feasibility ofphasing out Stage 3 aircraft now that Stage 4 aircraft noise standards are in effect - p.183 Alirspace ... Two congressmen from New Jersey and Pennsylva- niaurge localgovernments challenging FA.A's controversial redesign ofthe airspace in the NY/NJ/PHL area to ask the courts to block the FAA from implementingtheplan. Elizabeth, NJ, already has - p. 1$3 Research ... TRB 'rssues a Request forProposals seeking a contractor for a $450,000, 18- month study to develop a Guide- book for the Preservation of PublicUse Airports. Theproject is part ofthe Airport Cooperative Researcl� Program - p. 185 November 23, 2007 f The previous two phase-outs did not relieve opposition to airport expansion or reduce dependency on federal grant funding for local mitigation. If a new phase-out is to meet expectations, the FAA needs a better measure of the benefits in light of the anticipated significant financial consequences. This measure of success must embrace the-- principles suggested by the Australian Department of Transport and Regional Services (DOTARS) and provide a better insight into the individual and community values affected by aircraft noise." DOTARS advocates an aircraft noise information regime based on three broad principles: • Transparency: communicating to the public in everyday language and using information that can be easily verified by the public; • Inclusiveness: not excluding people from informa- tion because the standard indicates noise is not a problem; • Empowermentoftheindividual:placingthe individuai in a position where they can form their own view on the acceptability of future noise. The FAA, Connor said, it at a"critical junction" in terms of development of its Next Generation Air Transportation System (Ne�ctGen) and application ofthe DOTARS prin- ciples to its aircraft noise analysis requirements could serve it well. "Noise is a key environmental concern and the ability to alleviate public resistance to airport growth is a critical need." SuppleffientallVletrics �Ielp Public Grasp Noise Impact Noting that aircraft noise is an expensive and persistent problem, Connor said, "before throwing more rnoney at the problem, it might be prudent to get a better understanding as to why the problem exists. One way to look at the problem is through the different perspectives offered by alternative (supplemental) noise metrics to see ifDNL (Day Night Average Noise Level) [the metric used by FAA to determine aircraft noise impact] is missing some cornponent that might signal public opposition." The supplemental noise metrics Numbers Above (NA) and Time Above (TA) are attractive, Connor said, "because they help the public grasp the impact of airport noise changes due to new runways, new flight corridors, runway closings, increased operations, and fleet mix changes." NA, for example, "can answer a few fundamental ques- tions that DNL does not intuitively provide — how many aircraft events are there today and how many are likely to occur after the proposed change and what are the associ- ated noise levels. Anecdotal evidence suggests the use of NA and TA helps to diffuse public disirust and fiustration that arise when shown the proposed changes to the airport would cause just a negligible change in the DNL contours." Connor also noted recent proposals to present noise contour data in terms of effects (such as annoyance, awakenings, and speech interruptions) rather than noise leveis so that the pubic can more easily understand the 184 noise impact. But, he said, while the Federal Interagency Committee on Noise (FICON) said that supplemental metrics can be useful to evaluate sleep interruption and speech interFerence, it did not provide any guidance on how to evaluate these effects in relation to individual metrics. It has been encouraging, Connor said, "to see the use of supplemental noise metrics advance from the `data dumps' in the early 1990s to sophisticated techniques to pinpoint rnetrics on specific noise sensitivities; thanks to the efforts of the practitioners. It is clear that the effective use of ineh-ics like NA earns the airport sponsor goodwill with the neighbor- ing communities. But how long does that goodwill last? While project opponents appreciate the insight that supple- mental metrics provide, what happens when the sponsor subsequently approvesthe project go-ahead based on the DNL results? Has the use of supplementai metrics lessened lawsuit filings, noise complaints, or any other manifestations of resistance to airport expansion? The case studies do not address these issues and there are no studies of the practical effectiveness of use of supplemental noise metrics in airport noise assessments." Time forNational Initiative The progress that has been made in the use of supplemen- tal noise metrics "can be described as a grass root initiative because the practitioners have led the way," Connor said, but added, "Now is the time to kick-start a national initiative." He proposed that the following action be taken: • "Finish the job that FICON started in 1992 by linking aircraft noise metrics to effects to standardize the methods: • "Conduct a rigorous appraisal of the use of supple- mental noise metrics in airport environmental assessments to identify the most effect metrics; • "Direct that airport environmental assessments should inciude noise effects evaluations, such as awaken- ings, speech interference, and percentage of the population highly annoyed in order that the public and the decision makers rely on the sarne information; • "Reexamine the relationships between noise metrics and noise effects to understand the levels of uncertainty associated with the relationships and to identify research areas to fill the knowledge gaps; • "Review the federal criteria for `significant exposure' and `significant impact' to consider roles for the supplemen- tal noise metrics and noise effects." The action described above needs a champion —"an entity with the authority and resources to change the way aircraft noise analysis is conducted," Connor told NOISE-CON. He ruled out the Federal Interagency Committee on Aviation Noise (FICAN) because it does not have authority to make decisions for federal agencies. In concept, the Environmental Working Group (EWG) of the multi-agency Joint Planning and Development Office (JPDO), which is developing NextGen, "appears to have the wherewithal to be that champion," Connor said. It is com- prised of many federal agencies and key industry and Airport Noise Report November 23, 2007 community stakeholders; it receives research support from the PARTNER research consortium; and its goal is to reduce noise and other environmental impacts from aviation in absolute terms. However, EWG "falls short as an airport noise champion because of resources," Connor explained. "The NextGen initiative did not result in an increase in research funding, although the FAA reauthorization does contain new aviation environmental research funding requests. Another problem is that aircraft noise is consid- ered a mature aviation environmental issue. The noise issue is perceived to ha�e well-established assessment criteria in contrast to hazardous air pollutants and greenhouse gases, which the EWG must also address." Another choice to champion improved noise analysis is the Environmental Protection Agency's dormant Office of Noise Abatement and Control (ONAC), which was de- funded in 1980. For years the idea of refunding the office has been floated. Connor finds the idea of reviving ONAC appealing but said it is unlikely to happen. However, he warned that the consequences of not advancing aircraft noise analysis inciude the following: • NoisewillprecludeachievementoftheNextGen goal of accommodating the forecast tripling of growth in airport operations by 2025; • Major remedies for the airport noise problem, such as a new phase-out, will fall short of expectations; and • Individual grass roots initiatives to extend supple- mental noise analyses to noise effects could produce disparate methods and run the risk of being deemed arbitrary and capricious. leTAE Report Will Propose Policy While Connor is not optimistic that EPA's O�ce of Noise Abatement and Control will be refunded, that may be recommended in a report to be issued in late 2008 by a study committee established under the auspices of the National Academy of Engineering (NAE). NAE is one of four organizations that comprise the National Academies, which brings together committees of experts in all areas of scientific and technological endeavor tb address critical national issues and to provide advice to the federal government and the public. In addition to NAE, the Academies include the National Academy of Sciences, the Institute of Medicine, and the National Research Council. In January 2006, NAE approved a proposal to set up a study committee "to investigate the economic and quafity- of-life benefits that might be realized through focused efforts to reduce the negative effects of noise," explained George Maling Jr., who chairs the committee and serves as manag- ing editor of Noise/New International and is managing director, emeritus, of the Institute ofNoise Control Engineer- ing of USA Inc. Maling explained the goals of NAE's Technology for a Quieter America Project in an article in the Fall 2007 issue of 185 "The Bridge," published by NAE and available at http:// www.nae.edu/nae/bridgecom.nsf. The study addresses occupational noise, transportation noise, and community noise. "The study will include a description of existing and potential solutions and recommend policies to encourage their development and deployment," he said. "Subcommit- tees are currently collecting, synthesizing, and analyzing information on applications of current technology, research and developrnent initiatives for noise control technology, and inter-governmental and public relations programs." "The Bridge" includes an article on the subject of transpor- tation noise entitled "Challenges and Promises in Mitigating Transportation Noise," co-authored by Dr. Carl E. Hanson of Harri s Miller Miller & Hanson Inc., Prof. Ian Waitz of the Massachusetts Institute of Technology who serves as director of the PART'NER research consortium, and Dr. Robert Bernhard ofNotre Dame University. The authors summarize the problems and promising solutions of noise control for aviation, highway, and rai] transportation modes. Airspace, from p. 183 Record of Decision approving the process in early Septem- ber, about its plans to begin implementing the airspace redesign this fall. But Andrews accused the FAA of moving up the starting date after originally teliing o�ciais that it would not begin the airspace redesign until well into 2008. "It has been our conclusion from the start," said Andrews, "that the FAA's plan is not only flawed in its design, but will not significantly reduce flight delays and will be an enor- mous waste of taxpayer dollars. We believe that the FAA is now rushing the implementation of this plan in their effort to dodge what we believe will be a scathing report from the Government Accountability Office which is in the rniddle of an evaluation study of this plan." The GAO report is due out in July 2008. Reps. Andrews and Sestak offered to provide local governments affected by the airspace redesign with a "sworn statement" which, they said, will prove that the FAA has accelerated the implementation of the airspace redesign in order to undercut the GAO study process. Researcli TRB SEEKS CONTRACTOR FOR NEW ACRP PROJECT On Nov. 16, the Transportation Research Board (TRB) issued a Request for Proposals seeking a contractor for a $450,000,18-month project to develop a Guidebook for the Preservation of Public-Use Airports. The closing date for submission of RFPs is Jan. 8, 2008, and work on the project (ACRP 03-11) is expected to begin on March 31, 2008. Airport Noise Report November 23, 2007 �� ;i) 1 / ' • :1 / �: :•� :J, John J. Corbett, Esq. Spiegel & McDiarmid Washington, DC Carl E. Burieson Director, Office of Environment and Energy Federai Aviation Administration Michaei Scott Gatzlce, Esq. Gatzke, Diilon & Ballance Cazlsbad, CA Peter J. Kirsch, Esq. Kapian, Kirsch & Rockwell LLP Denver Vincent E. Mestre, P.E. President, Mestre Greve Associates Laguna Niguel, CA Steven F. Pflaum, Esq. McDermott, Will & Emery Chicago Mary T.. Vigilante President, ' Synergy Consultants Seattle II 186 "According to the Federal Aviation Administration, there are approximately 5,200 public-use airports in the United States. Many of these public-use �`� airports, particularly those that are privately-owned, are in danger of closure, ' typically to make land availabie for alternative uses, such as residential or commercial development," TRB explained. Need Airports for Very Light Jets "This situation is especially true in the fringes around urban centers and other populated areas. This area is also where air access is needed the most. Once an airport is lost in these areas, the chances to rebuild a replacement airport are almost non-existent. With very light jets now entering the market- place, the need to preserve non-congested landing areas close to final destinations is even more critical." TRB said that the actual closure of an airport is generally the final step in a chain of events that occur over several years so "one of the keys to airport preservation is to take action early in the process when numerous options are still available." Those seeking to preserve airports have a difFcult time finding information about options available to preserve airports and improve their economic viability, TRB noted. A guidebook, it said, "would be helpful to provide current information on how to recognize and identify threats to help in preventing closures." Of course, noise impact on nearby communities is one significant reason why airports come under pressure to close. TRB said that the goal of tha project is to develop a guidebook that de- scribes the reasons why public-use airports close and identifies measures and strategies that can be taken to preserve them. An "interactive tool" will accompany the guidebook to allow users to access information on specific circumstances pertaining to closures, preventive measures, and the roles and responsibilities of parties to prevent closures. The guidebook is intended for use by state and local agencies, airport owners and operators, and advocacy groups trying to preserve public-use airports. ContactInformation For further information, contact Brenda Douple, administrative associate, ACRP; tel: (202) 334-2176; e-mail: bdouple@nas.edu The RFP is available online at: htip://www.trb.org/ Proj ectDisplay.asp?Proj ectID=2103. AIRPORT NOISE REPORT Anne H. Kohut, Publisher Published44 times ayearat43978 UrbancrestCt., Ashbum, Va.20147; Phone: (703) 729-4867; FAX: (703) 729-4528. e-mail:editor@airportnoisereport.com; Price$850. Authorization to photocopy items for internal or personal use, or the internal or personal use of specific clients, is granted by Airport Noise Report, provided that the base fee of US$1.03 per page per copy is paid directly to Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923. USA. 187 � y �X K ,t ;„-i"' R � T4 . 4 �.£��'" �� r Yt��,c �,f iy�, t "1 � ,,f �� y e�IG" i: n�� j-� F��, y�' �' .�r.- �"^E 4�' .r.1' > 1 x` . t '� r �e , , Y k?,.�, ' *. A weekly update on litigation, regulations, and technological developments Volume 19, Number 41 November30, 2007 ,, � � . � �. � �� __: _ r � . . � � � � � Long-term exposure to aircraft noise may increase the risk for hypertension, according to the findings of a Swedish study, important because it is the first longitudinal study in this area. Dr. Mats Rosenlund of the Karolinska Institute, one of Europe's largest medical universities, conducted the study of middle-aged Swedish men living near Stockholm-Arlanda Airport. Subjects exposed to energy-average aircraft noise levels above 50 dBA were 19 percent more likely to develop high blood pressure than those exposed to less noise impact, he reported. Similarly, subjects exposed to maximum aircraft noise levels above 70 dBA were found to be 20 percent more likely to have high blood pressure than those exposed to lower noise levels. Rosenlund reported that the strongest associations between exposure to aircraft noise and hypertension were among older subjects, those with a normal glucose tolerance, non-srnokers, and subjecis not annoyed by noise from other sources. However, he cautioned that the study over-sampled subjects with a family history of diabetes and, therefore, the findings may not directly translate to the general population. Miscalculation of noise atso may have occurred because (Continued on p. 188) Mather Airport FOI.SCDM �II�ES LAWSIII'I' TO �LC.DCK EXP'ANSIOIlT OI+' DI�I.. CA�2G0 �+'AC�I'I"X On Nov. 21, the City of Folsom, CA, filed a lawsuit seeking to reverse Sacramento County's approval of a lease amendment with Midwest Development Co., and its sub-tenant DHL Express, which would significantly expand DHL's cargo opera- tions at Mather Airport, The lease amendment would expand DHL's cargo facility by more than 35,000 square feet of paved area, including expanded parking for employees and big-rig trucks and new storage areas for ground support equipment. The lawsuit was filed in Sacramento County Superior Court against the Sacra- mento County Airport system, Sacramento County, and the $oard of County Supervisors. It seeks a temporary restraining order to block the County from implementing the lease amendment, which was approved by County Board of Supervisors on Oct. 23. The County has not yet completed an environmental report assessing the impacts of a proposed Master Plan for Mather. Sacramento County officiats had no comment on the lawsuit. The County's approval of the lease amendment "is non-compliant with the required [environmental] review process," said Folsom City Manager Kerry Miller. (Continued on p. 188) In �'ltis Issue.. . Health Effects ... A Swedish study ofmiddle-aged men around Stockholm-ArlandaAirportfinds a link between long-term expo- sure to aircraft noise and risk for hypertension. It is the first longitu- dinal siudy in this area - p.187 Mather ... Folsom files a lawsuit seeking to block Sacra- mento Countyfrom implementing a lease arnendmentthat allows DHL to expand its cargo facilities before EIR is done - p.187 Chesapeake Regional ... ' Judge rules that homeowners under ILS that directs planes over their homes are entitled to try case for damages - p. 189 I Part 1SO Program ... FAA � approvesprogram forBaton Rouge Metro; approves noise ' maps for Pittsburgh Int'1- p. l 89 New Briefs ... New reference book on noise and its effects with contributionsfrom leadingau- thorities is published ... TRB seeks contractor for new ACRP projectto develop guidebook for preparing peak-period and operational profiles to improve airport facility planning and environmental analyses ... FAA participating in symposiumon land acquisition -p.189 November 30, 2007 subjects could be exposed to noise at locations other than their home. And misclassification of disease may have occuiTed due to partly subjective assessments by question- naires and to the large number of subjects who used tobacco prior to the blood pressure measurements. Smoking has short-term effects on blood pressure. Older Subjects More at Risk Rosenlund said that the findings of his study "suggest an effect primarily among older subjects. This might be due to a prolonged period of exposure (since most elderly subjects in the cohort have lived more than 10 years at their present address), or it may be that older people are more sensitive to noise." But the researcher also found an association between aircraft noise and hypertension among those with normal glucose tolerance, never-smokers, and those not annoyed by noise from other sources. He postulated several reasons for these results. "Normal giucose tolerance could indicate a lower burden of other cardiovascular risk factors, which were not controiled for. A stronger effect in never-smokers might be due to uncon- trolled or residual confounding among smokers. Higher estimates in those not annoyed by noise suggest that concomitant exposure to noise from other sources may blur the picture. " FirstLongitudinal Study Epidemiological studies of noise exposure and blood pressure have been done mainly in industrial settings with high noise levels. Only a limited number of studies have been done in community settings and the results have been inconsistent. A recently published German study suggests a link between exposure to road traffic noise and myocardial infarction among men. Studies in The Netherlands and the United Kingdom have suggested no association between bloocl pressure and exposure to road traffic noise but two German studies and a recently published Swedish study found positive associations. Two cross-sectional studies have found a link between aircraft noise exposure and increased prevalence of hypertension and one study has reported an association between aircra$ noise and in- creased use of inedication for cardiovascular disease. But none of these studies were longitudinal; meaning they followed subjects over time. Such studies are difficult to do but have greater scientific weight. Rosenlund found a way to make his study longitudinal by conducting it within the framework of the Stockholm Diabetes Prevention Prograrri, which included extensive questionnaires on lifestyle and family history of diabetes as well as physical exams, including an oral glucose tolerance test and measurements of height, weight, waist and hip circumferences, as well as blood pressure measurements. Half the study subjects had a family history of diabetes. The questionnaire and exams were first administered in 188 1992-1994 on all men aged 35-56 years living in fourmunici- palities around Stockholm. Foliow-up surveys and exams were done on the same men a decade later in 2002-2004. The final sample included 2,027 subjects. Exposure to aircraft noise was assessed by geographical information systems techniques using noise dispersion models from the Swedish Civii Aviation Administration based on air traffic statistics from 1997. The noise environment and fleet mix at Arlanda Airport did not change during the 10-year study period. The study, Aircraft Noise and Incidence of Hypertension, was reported in the periodical "Epidemiology," Volume 18(6), November2007, pp. � 16-721. Mather, from p.187 "The City of Folsom is particularly concerned with the noise impacts of cargo operations at Mather. We have had regular, ongoing discussions with the County on that subject. Given that history, it's difficult to understand how a project of this nature could be approved without appropriate environmental review." Miller said that the Sacramento County Airport System's plans to expand cargo operations at Mather are well-known and that a Master Plan addressing the expansion element, including DHL operations, is in the draft stage. The Master Plan requires a comprehensive environmental review. The City ofFolsom is located approximately 8.5 miles east of Mather and weil outside of the airport's noise contours but a portion of the city is under one of the primary flight paths used by cargo carriers. Folsom officials said that the nature of the air cargo business means that these flights often have early morning and late evening departures. Also, Folsom said, "cargo planes are noisier than other commercial aircraft because they are older and larger than more modern passenger planes, are not equipped with sound muffling equipment, and cairy heavy loads requiring additional thrust." "While we understand the County's interest in developing Mather Field, the impacts of the DHL project and any project which expands cargo flight activity on this city, other foothill communities, and on the environment in general make it imperative that all parties respect and comply with the environmental review process," said Miller. In related news, the board of directors of the El Dorado Hills Community Services District approved a resolution Nov. 8 urging Sacramento County to include their community and the surrounding area in the environmental review process for the proposed Mather Master Plan. The resolution states that expanded cargo operations at Mather could result in as many as SO low-altitude overflights per day over El Dorado Hills predominantly during the hours of 3 a.m. to 7 a.m. and 4 p.m. to 8 p.m. EI Dorado Hills is approximately 14 miles east of Mather on rising terrain. Airport Noise Report C November 30, 2007 Chesapeake Regional JUDGE SAYS HOMEOWNERS UNDER IGS CAN TRY CASE Homeowners under an Instnunent Landing System (ILS) at Chesapeake (VA) Regional Airport that directs aircraft over their properiy are entitled to try their case of damages against the airport authority even though they have not proven a taking that violates the Virginia Constitution, Chesapeake Circuit Court Judge Randy Smith ruled Nov.16. The judge ruled that the property was "damaged" by the increasecl overflights caused by the ILS but not "taken" under the Virginia Constitution, which requires that the property be deprived of all economic use to be considered taken. In this case, the homeowners sold their home in 2006 for $527,450, which is more than twice what they had paid for itin2001($240,000). Judge Smith held that the homeowners, if not compensated by the airport authority, are entitled to a hearing by a jury to determine just compensation. The airport authority said it is studying the opinion and has not yet decided how to respond. It could appeal the ruling. George and Margaret Osipovs and i l other homeowners in a 30-horne development about 1.5 miles from the end of the airport's runway filed suit in 2004 over low flights directed over their homes by the II,S, which they contended de- stroyed the rural, tranquil atmosphere of their community. An expert properly appraiser for the homeowners testified that their properly suffered damage that resulted in a diminution of their property value because the ILS directly aircraft directly over their homes and increased the number and types of aircraft over their homes. The homeowers testified that they purchased their property because they wanted to live in a quiet, rural setting and that the noise, fumes, and vibrations from aircraft had changed the character of their homes. They contended that the overflights had caused cracks in the walls of their homes and broken window seals and that hydraulic £luid leaked from planes onto their property. The airport authority argued that evidence regarding the homeowners desire to live in a tranquil setting is not relevant because it goes to the particular use of the property and not whether the property itself had been damaged or diminished in value. The judge held that a claim of noise and vibration are a disturbance in the use and enjoyment of the homeowners' properiy, which is a right contained in the legal "bundle of rights" properiy owners in Virginia possess. He ruled that the homeowners had suffered injury to their property in the nature of noise and vibration which constituted a nuisance as it affects the property itself by prohibiting quiet use and enjoyment. "It is clear that the property has suffered a significant increase in the volume, frequency and vibrations form noise due to aircraft flying directly overhead," Smith wrote in his opinion. 189 He said there is no requirement that the homeowners establish a threshold dollar amount in order to have the court find constitutional damages. The case is Osipovs v. Chesapeake Airport Authority (CaseNo. CL04-1025). Part 1 SO Program � � , � • � ► • � r . _�_. ;. � �� , On Nov. 29, the Federal Aviation Administration an- nounced its approval of the Part 150 Airport Noise Mitiga- tion Program for Baton Rouge Metropolitan Airport, Ryan Field, in Baton Rouge, LA. Outright approval was granted for nine of the 10 proposed program elements. FAA "disapproved" one program element dealing with land use pending submission of additional information. Approved elements include compatible land use planning around the airport, development of an airport noise informa- tion program, acquisition of seven homes within the 65 DNL contour, an offer to sound insulate 92 homes in that contour, and an offer to purchase noise servitudes for owners who do not wish to be included in the insulation program; establish a system for logging and tracking noise complaints; devel- oping and maintaining a log for recording engine mainte- nance run-ups, periodically reviewing the Part 1S0 program; and preparing a plan to deal with disposal or development of noise lands acquired by the airport under previous noise mitigation actions. The FAA's Record of Approval for the program will be available on-line at http://www.faa.gov/apr/environmentaU 14cfr150/'mdex 14.cfin. Pittsbu�gh Maps Approved In related news, the FAA announced on Nov. 23 that noise exposure maps submitted by the Allegheny County Airport Authority for Pittsburgh International Airport meet federal requirements. Por further information, contact Edward Gabsewics, an environmental specialist in FAA's Harrisburg, PA, Qirports DistrictOffice; tel: (717) 730-2832. In Br-ief .. _� New Book on Noise aud Its Effects John Wiley & Sons, Ltd. recently published a new book entitled "Noise and Its EfFects," which is expected to become a standard textbook in the field. The 784-page book covers all the main human effects of noise with contributions from most of the leading authorities in the world in the field. It is comprised of 33 chapters on a wide range of topics, some of which will be of interest to Airport Noise Report November 30, 2007 /\ ' ' I ; 1 I'' � ��,I�-� ' 1 II �' :�•'��1 John J. Corbett, Esq. Spiegel & McDiarmid Washington, DC Carl E. Surleson Director, Office of Environment and Energy Federal Aviation Administration Michael Scott 6atzke, Esq. Gatzke, Dillon & Ballance Cazisbad, CA Peter J. Kirsch, Esq. Kaplan, Kirsch & Rockwell LLP Denver Vincent E. Mestre, P.E. President, Mestre Greve Associates Laguna Niguel, CA Steven F. Pflaum, Esq. McDermott, Will & Emery Chicago Mary L. Vigilante President, Synergy Consultants Seattle 190 those in the airport noise field: stress effects of noise, noise and cognitive performance in children and adults, and noise and sleep. Many of the contributors to the book came together initially under the European Commission's Protection Against Noise (PAN) project. From its success, came the EC-funded NOPHER (Noise Pollution Health EfFects Reduction) project and NoiseChem, which examined the combined exposure effects of noise and solvents. Wylie books are available by calling 1-800-225-5945. New ACRP Project The Transportation Research Board (TRB) issued a Request for Proposals for a new project under the Airport Cooperative Research Program (ACRP) entitled "Guidebook for Preparing Peak-Period and Operational Profiles to Improve Airport Facility Planning and Environmental Analyses." The$350,000, 24-month project(ACRP 03-12) will begin inApri12008. The goal of the research is to prepare a guidebook that will enable airport opera- tors to define more eff'ectively airport peak-period and operational profiles necessary for facility and environmental planning. The guidebook will include an analytical toolbox with a soflware program suitable for use by airport professionais in preparation bf peak-period and operational forecasts used in facility and environmental planning. For fiu-ther information, contact Lawrence Goldstein; tel: (202) 334-1866; e- mail: lgoldstein@nas.edu. Public Real Estate Symposium The FAA Office of Airports is participating with the International Right-of- Way Association to sponsor a two and one-half day educational forum on land acquisition and relocation assistance requirements under the Uniform ( Relocation Assistance and Real Property Acquisition Policies Act. \ The symposium will be held on Feb.12-14, 2008, at the Dallas North Inter- continental Hotel in Addisson, TX. The symposium provides a unique opportunity to share experiences and best practices with other federal and federally-assisted land programs implemented under the act. Sessions on FAA airport land projects will address Airport Improvement Program (AIP) funding, quality assurance of airport land projects, FAA regional updates, disposal of unneeded noise land, airport compliance, and case studies from both large and small airport land projects. For further information, contact Rick Etter, an FAA airports acquisition specialist; tel: (202) 267-87'73; e-mail: Rick.Etter@faa.gov orvisitthe sympo- sium websiteatwww.irwaonline.org. AIRPORT NOISE REPORT Anne H. Kohut, Publisher Published 44 times ayear at 43978 Urbancrest Ct., Ashburn, V a. 20147; Phone: (703) 729-4867; FAX: ('703) 729-4528. e-mail:editor@airporinoisereport.com; Price$850. Authorization to photocopy items for internal or personal use, or the internal or personal use of specific clients, is granted by Airport Noise Report, provided that the base fee of US$1.03 per page per copy is paid directly to Copyrigl�t Clearance Center, 222 Rosewood Drive, Danvers, MA 01923. USA. ( ; .