Loading...
2001-10-10 ARC Agenda PacketCITY OF MENDOTA HEIGHTS AIRPORT RELATIONS COMMISSION AGENDA October 1Q 2001 -- Large Conference Room I . Call to Order - 7:00 p.m. 2. Roll Call 3. Approval of August 15, 2001 Minutes 4. Unfinished and New Business: a. Filming of ARC Meeting by NDCTV b. Update on Airport Noise Video Progress 5. Acknowledge Receipt of Various Reports/Correspondence: a. Notice of Cancellation of August 28, 2001 MASAC Meeting b. Notice of Cancellation of September 25, 2001 MASAC Meeting c. Letter from Michael A. Kosel, Rogers Lake East Airport Noise Reduction Committee to Jeffrey Hamiel, Metropolitan Airports Commission, dated August 16, 2001 d. Letter from Jeffrey Hamiel, Metropolitan Airports Commission to Michael A. Kosel, Rogers Lake East Airport Noise Reduction Committee, dated August 22, 2001 V e. Letter from Michael A. Kosel, Rogers Lake East Airport Noise Reduction Committee to Jeffrey Hamiel, Metropolitan Airports Commission, dated August 3l, 2001 f. Letter from Michael A. Kosel, Rogers Lake East Airport Noise Reduction Committee to Jeffrey Hamiel, Metropolitan Airports Commission, dated September 12, 2001 Metropolitan Airports Commission 2002-2008 Capital Improvements Program h. Reconvening of the WCF Joint Airport Zoning Board i. Metropolitan Airports Commission Planning and Environment Committee Agenda for October 2, 2001 j. Eagan Airports Relations Commission Agenda for September 11, 2001 k. Airport Noise Reports 6. Other Comments or Concerns Public Comments 8. Adjourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than I20 hours is received, the City of Mendota Heights oil I make every attempt to provide the aids. This may not, however, be possible on short notice. Please contact Cit` Administration at (651) 452-1850 with requests. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES AUGUST 15, 2001 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, August 15, 2001, in the Large Conference Room at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:00 p.m. The following Commissioners were present: Acting Chair Joe Leaman and Commissioners Liz Petschel, Ellsworth Stein, and Vern Edstrom. Chair Scott Beaty and Commissioners John Roszak and Gregg Fitzer were excused from the meeting. Staff present was City Administrator Cari Lindberg and Administrative Assistant Patrick C. Hollister. Mr. Hollister took the minutes. MINUTES Commissioner Stein moved to approve the July 18, 2001 minutes. Commissioner Petschel seconded the motion. AYES: 4 NAYS: 0 AIR NOISE ISSUES VIDEO Mr. Hollister reminded the Commission that at their July 18, 2001 meeting, Mr. Dennis Raftery and Mr. Mark Oftedahl of NDCTV discussed with the Commission the logistics of filming the video script. Mr. Hollister recalled that Mr. Raftery had told the Commission that he thought that the script as currently written would yield a 1 5-minute video, but that the video could be longer depending on the film footage, computer graphics or other effects that the Commission inserted into the video. Mr. Hollister said that the Commission had asked Mr. Raftery and Mr. Hollister to meet with Chad Leqve of the MAC at his office to determine what resources the MAC would have to help the Commission make this video. Mr. Hollister said that he and Mr. Raftery had visited Mr. Leqve at his office on the afternoon of July 26. Mr. Hollister said that Mr. Leqve had expressed his willingness to help with the video and said that the MAC had a lot of information and film footage, but that he would need a list of the specific items the Commission sought in order to assist the Commission. Mr. Hollister said that he and Mr. Raftery agreed to provide Mr. Leqve with this list as soon as possible. Mr. Hollister then distributed Mr. Raftery's preliminary cost estimate for filming the video. 1. O'Hare Monitor, Second Quarter 2001 m. FliGht International, July 17-23, 2001: Noises Off n. Airport Noise Reports OTHER COMMENTS OR CONCERNS Commissioner Petschel asked Mr. Hollister to brim back the issue of the third parallel unway contract to the September meeting. ADJOURN Motion made to adjourn by Leuman and seconded by Petschel. AYES: 4 NAYS: 0 The meeting adjourned at 8:00 p.m. M ETROP L,ITAAIRPORTS C®MIMIISSIi i o�s s Minneapolis -Saint Paul International Airport t 6040 - 28th Avenue South • Minneapolis, MN 55450-1799 =t Phone (612)726-5100 F � t METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL MEETING CANCELLATION NOTICE THE REGULARLY SCHEDULED AUGUST 28, 2001 MASAC MEETING HAS BEEN CANCELLED �� �� ��.i spairportu,m I I-. er ,\ir4-��rn_ alRl_.�I�E\\C�l:_\C-OL\ll'/IiL:\I\'�•C:R1'ST_:\I_•FLYI\G CIOUI)�L-\K�Et \IO•S\INT P�UI. DO\\\TOWN MEMORANDUM MAC Department of Environment TO: Former MASAC Representatives FROM: Chad Leqve, MAC ANOMS Coordinator SUBJECT: Update on the MASAC Review Process DATE: August 21, 2001 The review of MASAC and the finalization of Dr. Brandl's associated report are nearing conclusion. The final step remaining in the process is a briefing by Dr. Brandl to MAC Executive Director Jeff Hamiel on the recommendations contained in the report. Due to previous commitments, Mr. Hamiel has been on travel for the past two weeks in Europe, thus Mr. Hamiel has been unavailable. Efforts are underway to coordinate this final step in the process. Upon the conclusion of Dr. Brandl's briefing to Mr. Hamiel, meeting dates and times will be established for the follow-on review and recommendation development process outlined below. The below documentation provides additional information with regard to background, Dr. Brandl's review and the remaining process associated with this effort. BACKGROUND In a letter dated October 31, 2000, ten member airline organizations resigned from the Metropolitan Aircraft Sound Abatement Council (MASAC) citing concerns that the council had become unbalanced. The signatories to the letter included Airborne Express, DHL Worldwide Express, Federal Express, Mesaba, Northwest Airlines, Trans World Airlines, United Airlines, United Parcel Service, US Airways and the Airline Pilots Association. Concerns focused on the MASAC process and procedures. The letter read, "...MASAC has become a community advocacy group and no longer provides a viable framework for a thorough and balanced review of technically complex issues with significant legal, environmental and economic implications for communities and the industry." Specific topics cited included the Part 150 Update drafting process, the non- use of proxy votes in the evaluation of possible improvements to the Ground Run -Up Pad and comments developed for the Draft 2000 FAA Aviation Noise Abatement Policy. An eleventh member, Delta Airlines, resigned at a later date citing similar concerns. Since its formation in 1969, MASAC has been the official advising body to the Metropolitan Airports Commission (NIAC) on aircraft noise issues for the past 31 years. However, since MASAC's bylaws dictated that the council be comprised of equal numbers of user (meaning users of the airport) and public representatives, MASAC is unable to continue Council business until this matter is resolved. In a meeting on November 28, 2000, Jeff Hamiel, executive director for the MAC, addressed some of the remaining MASAC members in regards to the resignations. Mr. Hamiel explained the importance of user involvement with MASAC and the critical nature of the situation relative to the future viability of MASAC and the success of Council initiatives. As a result, Mr. Hamiel proposed the formation of a Blue Ribbon Panel comprised of three airport users and three community representatives with a third - party facilitator. The intent of the Panel was to reestablish a dialogue between the users and communities and determine whether an organizational structure could be developed to address the user concerns. The Chairman at the time, Mayor Mertensotto, appointed the following community (public) members to sit on the Panel: Barret Lane —Minneapolis Jamie Verbrugge — Eagan Jill Smith — Mendota Heights It was determined at the November 28, 2000 MASAC meeting, that until this matter is resolved, MASAC cannot conduct business. Therefore, any MASAC or MASAC related committee meetings were cancelled, pending the outcome of the Panel's deliberations. Initially the airlines did not participate in the proposed Blue Ribbon Panel process citing extenuating circumstances. Since that time, Mr. Hamiel has had discussions with the airlines in an effort to establish airline representation on the Blue Ribbon Panel and in the review process. As part of this ongoing dialog, Dr. John Brandl, Dean of the University of Minnesota's Hubert H. Humphrey Institute of Public Affa rs, was reta ned as a mutually acceptable third party review agent in an effort to establish possible organizational restructuring proposals that will• address both the airline and community interests and concerns. Dr. Brandl is a former South Minneapolis resident and thus has a first hand account of the noise environment around Minneapolis -St. Paul International Airport (MSP). DR. BRANDL'S REVIEW OF MASAC As part of his assessment and report generation, Dr. Brandl conducted an extensive amount of organizational review and analysis. In addition to reviewing a substantial amount of information relative to MASAC, including the history and activities of the organization, Dr. Brandl conducted comprehensive interviews with approximately twelve past MASAC members including representative samples from both the community and airport user perspectives. Dr. Brandl received an extensive amount of documentation and information about MASAC, and based on the history and activities of the organization, incorporated appropriate background assessments, in concert with his extensive public policy insight, into the process of formalizing an organizational restructuring proposal. Dr. Brandl is in the process of finalizing his report and will provide copies and an in- depth briefing of the document at an informational meeting. All past MASAC members will be invited to the informational meeting. The date, time and location of the meeting will be forwarded to past MASAC members when they are available. It is important to note as part of the interview process, Dr. Brandl expressed gratitude for the gracious accommodations made by the past MASAC user and community members who took time to meet with him. I would like to echo those sentiments, and thank the individuals who contributed to this very important effort. UPCONIING REVIEW AND APPROVAL PROCESS The process that will be followed as part of the MASAC review effort is structured to maintain the previously endorsed review methodology. In consideration of the involvement of past MASAC members and in an effort to ensure appropriate information dissemination to interested parties, Dr. Brandl will present a briefing of the report to previous representatives of MASAC at the above -mentioned informational meeting. As was stated, the date, time and location of this meeting will be forwarded to past MASAC members when they are established. The formal review process will enlist the Blue Ribbon Panel members, community members, as previously identified by the communities, and airline representatives, as determined by their respective constituency, to conduct a thorough review of the report and discuss the findings. The initial meeting of the Blue Ribbon Panel will follow the informational meeting. Past members who wish to provide input into the review process should do so through their respective Blue Ribbon Panel members. The above -mentioned nformational meeting is not intended to be a workshop or a forum for discourse relative to differing viewpoints or conflicting perspectives on the report. Following the review and determination by the Blue Ribbon Panel, the report will be forwarded to the MAC Planning and Environment Committee for review and subm ssion to the MAC full Commission. The associated timing is predicated on the deliberations necessary by the Blue Ribbon Panel. If you have any questions or comments regarding this topic, please contact me at 612- 725-6328. In addition, MAC staff has continued the production of the Technical Advisor's Report. The July 2001 Technical Advisor's Report and Eagan/Mendota Heights Departure Corridor Report are . available on the Web at www.macaysat.org/MASAC/report_table2.html. If you wish to receive a hard copy of the report, please contact Melissa Scovronski by phone at 612-726-8141 or via e-mail at nscovron@mspmac.org. CITY OF MENDOTA HEIGHTS MEMO October 4, 2001 TO: Airport Relations Commission FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Filming of ARC Meeting by NDCTV Update on Airport Noise Video Progress Discussion On Thursday, October 4, 2001, Chair Scott Beaty, Commissioners Liz Petschel and Vern Edstrom, City Administrator Cari Lindberg, Dennis Rafery and Mark Oftedahl of NDCTV, and I met to discuss continued progress on the Airport Noise Issues Video. Dennis agreed to come to the October 4, 2001 meeting to film our meeting. We would like as many Commissioners to attend as possible. (You do not need to dress more formally than usual.) After the filming, Staff will provide an update on video progress to date. Action Required Look sharp for the camera. i°/IETROPOLITAN AIRPORTS COMMISSION Minneapolis -Saint Paul International Airport r + °c6040 - ?3th Avenue South • Minneapolis, NIN 55450-3799 Phone (612) 726-8 100 0 *0 + a METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL MEETING CANCELLATION NOTICE THE REG��LARLY SCHEnILED SEPTEMBER 25, 2001 MASAC MEETING HAS BEEN CANCELLED The \ietropoli tan �\irporn Commission is an a(firmatice action employe. «<� n mspaicport.com 1 I' ec �irp, 6--: a12L\KE ° .1.\'OFF COt,'\TY/BLAINE ' CKl'STAL • FLl'I tiC: CLOUD • L�\KL ELhIO •SAINT PaliL DOt\'NTOWN MEMORANDUM MAC Department of Environment TO: Whom It May Concern FROM: Chad Leqve, Manager, Aviation Noise and Satellite Programs SUBJECT: Status of the MSP Noise Organization Review Effort DATE: September 17, 2001 The MSP noise organization review and reorganization effort has been the primary contextual focus of the monthly MASAC cancellation and review update correspondence memos. In a similar fashion, MAC staff has been adamant in the support and funding of this review and reorganization process. Although the commitment and dedication to this effort has, and will continue to be adamant, there exists certain occurrences that are outside the control of all involved parties. It is with this prelude that the previously anticipated (previous discussions focused on a September 25, 2001 informational meeting) review of Dr. Brandl's report and follow-on Blue Ribbon Panel deliberations are postponed. Given the tragic turn of recent world events, the necessary coordination and time appropriations are unavailable to facilitate the conduct of such a meeting at this time. I regret the postponement of this effort, although considering the catalyst for this action such regret is dwarfed by the tragic implications of our nations current state of affairs. In addition, MAC staff has continued the production of the Technical Advisor's Report. The September 2001 Technical Advisor's Report and Eagan/Mendota Heights Departure Corridor Report are available on the Web at www.macaysat.org/MASAC/report_ta6le2.html. If you wish to receive a hard copy of the report, please contact Melissa Scovronski by phone at 612-726-8141 or via e-mail at nscovron@mspmac.org. Again, I apologize For the prolonged duration of this review/reorganization process. Please extend your patients with regard to this important effort. As always, I will provide additional information as it becomes available. If you have any questions or comments regarding this topic, please contact me at 612- 725-6326. August 16, 2001 Rogers Lake East Airport Noise Reduction Committee c;o Mr. Michael A. Kosel 89 Bluebill Drive Mendota Heights, MN 55120 Mr. h lltrector Titan Airports Commission 28"' Avenue South :anolis_ MN 55450 Dear Mr. Hamiel: On August 1, 2001 the Metropolitan Airports Commission (MAC) responded to our letter of July 19. (You received a copy of this MAC letter, written by Roy Fuhrmann, and we had previously copied you on our July 19 letter.) iiAC's response to our July 19 letter is extremely disappointing. As you are the Executive Director of MAC, our committee draws your attention to the following. i�I.�C'S Ri�iT COVERAGE Our letter of July 19 directed MAC's attention to public comments by Mr. Mertensotto, Chairman of MASAC, acknowledging the existence of "holes" in MAC's noise monitor Coverage (RMTS). (See in particular pages 78 and 42 from the November 8, 2000 hearing.) 1. In response to this, MAC's letter states in paragraph 3 on page 2: "Although you may believe the relationship of your location to the RiiTs is unique..." This misstates the basis for our petition for a noise monitor on Bluebill Drive. We claim Bluebill Drive is one of the "holes" Mr. Mertensotto referrzd to and that this has caused the noise levels assigned to our area to be wTongly calculated. Our belief does NOT arise from a `unique' relationship to RMT monitors (unless MAC's language is meant to refer to "holes" in their noise monitor coverage). Our claim is technical in nature. The Mendota Heights/Eagan corridor is designated by the MAC for `unique,' disparate exposure to high levels of airport noises. Our neighborhood, residing in this corridor, is unique' from other corridors that have not been assigned such heavy volumes of airport noise and primp facie our claims should merit IviAC'S attention, not rejection. 2. What is somewhat confusing is that b1AC's documentation (furnished with the recent letter) supports the existence of a "hole" in the RIiT monitoring system over Bluebill Drive. Attached herewith (marked Exhibit A) is MAC's RMT coverage map which is titled "Current and Possible Future ANOMS Coverage." Page Two August 16, 2001 At the bottom, the significance of the map red circles is explained as: "Existing RMT's and Associated Buffer's". Note that the red circles for Monitors # 13 and # 15 do NOT overlap. There IS a gap or "hole" in RMT coverage between Monitors # 13 and # 15. One of the roads underneath this "hole" is Bluebill Drive. (This `hole" is marked on Exhibit A so that all persons getting a copy of this letter can see this coverage gap.) 3. MAC was present on the dais at that November 8 hearing. (This was in the person of Mr. Fuhrmann.) If Mr. Mertensotto was mistaken when he stated there were "holes" in RMT coverage, for MAC to have remained silent and let an error enter the public record would have been unconscionable. We believe the reason MAC did not contradict Mr. Mertensotto is because these "holes" in MAC's noise monitor coverage exist. We further believe that one of these "holes" is over our neighborhood. Mr. Fuhrmann was personally involved in some of Mr. Mertensotto's comments. The record on page 42 of the November 8 hearing shows that --immediately prior to Mr. Mertensotto stating "there still may be some [holes] out there" --Mr. Fuhrmann had a colloquy with Mr. Mertensotto regarding RMT noise monitors. Never did Mr. Fuhrmann (representing MAC) object or correct Mr. Mertensotto's statements about "holes" in the airport's noise monitoring system at that public hearing. MAC's silence confirmed to those in attendance or to any reading the published hearing record that "holes" exist. It is too late in the day for MAC to now assert there are no `holes" in their noise monitoring coverage. The public record (which is now closed) stands uncontradicted by MAC that there were/are "holes" in their airport noise monitoring system. Why does the MAC continue to deny this gap in noise monitoring coverage when your own charts show that it exists? Why does MAC refuse to establish correct noise readings for our neighborhood, instead of inferring that we want unique or special treatment? THE ROLE OF MASAC MAC's letter states in paragraph 3 on page 1: "in October 2000, ten airlines withdrew from MASAC rendering the organization incapable of conducting business" and then building on this assertion concludes: "This was the organization [MASAC] that would typically consider such a request as yours... Since MASAC has not met since October of last year, unfortunately your requests to the Chairman of MASAC ... have not occurred." 1. Where in the public record was our petition for a noise monitor on Bluebill Drive assigned to the Chairman of MASAC? Our petition was presented at the November 8 public hearing. This public hearing was not solely a IYfASAC hearing. The page headings on the published public record of these hearings all read: " b1AC/MASAC Page Three August 16, 2001 Hearing". In addition, the cover page states that the hearing was hosted by: "Metropolitan Airports Commiss inn/Metropolitan Aircraft Sound Abatement Council." Note that the MAC is always listed first (although alphabetically it should be listed second) which reflects MAC's primary role (and de-emphasizes MASAC). Our petition was presented to both MAC and MASAC at that public hearing. The subsequent demise of MASAC had no affect on our petition, our petition did not.expire with the demise of MASAC. 2. Mr. Mertensotto's comments throughout indicate NIASAC was not going to get involved in technical issues regarding noise contours. Technical matters were the responsibility of the MAC. Therefore our petition for a noise monitor to correct MAC's noise contour map would have been assigned to MAC (not MASAC). Excerpts from the public record supporting this assignment to MAC of noise contour issues are: "Mr. Mertensotto: ...let me just say [his: If you have certain areas in your area that you feel are way outside of the contour or have not been addressed by the contour, you know, they can specifically refer those to MAC and they will take an independent look at them." (pages 41 and 42 of the November 8 public hearing) "Mr. Mertensotto: I can't answer your question but I can tell you how you can get an answer... direct your inquiry to Mr. Roy Fuhrmann who is to my left here at the Metropolitan Airports Commission, 6040 28th Avenue South, Minneapolis, and he will direct it to the appropriate MAC staff member and they win respond back to you..." (page 73 of the November 8 public hearing) At these November 8 and 9 hearings, our committee's (1) petition, (2) verbal comments and (3) Exhibits presented by Mr. Heide did "specifically refer" our noise contour issue to the MAC as requested by Mr. Mertensotto. 3. If MAC's letter is correct and MASAC was "incapable of conducting business" after October 2000, then what was Mr. Mertensotto, the Chairman of MASAC, doing on November 8 and 9, 2000 (a month later) chairing the public hearings? The following comment by Mr. Mertensotto during the November 9 public hearing regarding MASAC seems to contradict MAC's letter, at the very least his comments do not show he felt "incapable of conducting business": "And right norr we're [referring to MASACI up to 39 members. we have 18 from each group, ,,We are the noise mitigation arm of the MAC commission." (page 25 of the public record) If Iv1ASAC was "incapable of conducting business" after October 2000, then these November public hearines were a sham. This is a serious charge to make, but this conclusion is inescapable if MAC's August 1 letter is correct. Page Four August 16, 2001 If MAC's statement is wrong, and MASAC was functioning in November 200 3 why is such a confusing assertion made in MAC's letter? ivIAC'S DEPARTURE i<L�PS Our July 19 letter questioned the accuracy of the MAC maps that show all airplanes making their turns East at or after the end of the runway. The reason for our concern is that planes malting their 90 degree turn East before the end of the runway enter our neighborhood at a more northerly latitude affecting more homes. MAC's August 1 letter states that "the maps accurately reflect takeoffs from the airport." The source of our information was an FAA controller. We will pursue this question with the airport's control tower. If our information proves to be correct, and MAC's maps are in error, this indicates another problem with MAC's mapping model'. ALa.C'S DENIAL OF OUR NOISE MONITOR PETITION MAC's letter denies our noise monitor petition (with 76 signatures) for Bluebill Drive. MAC's denial forces us to initiate an independent process of obtaining a noise monitor and securing competent staff to create an INM report acceptable to the FAA. Attached herewith are copies of correspondence with Larson Davis Inc. and HNIB Corporation (marked Exhibits B and C) initiating this process. This independent analysis should confirm: (1) our neighborhood is in the DNL 65+ contour and (2) the 1996 Ldn noise contour map was and is in error and our homes qualify for the DNL 65+ insulation program. If the independent analysis proves that MAC's noise footprint for our area is wrong, will the MAC reimburse the out-of-pocket expenses incurred installing the noise monitor and preparing the DIM report to the FAA specs? Our feeling is that MAC should reimburse these unnecessary costs created by MAC's mapping error. In closing I should observe that our petition for a noise monitor was submitted to the MAC at the November 8 public hearing. W'hy has it taken over eight months just to say No? It takes a year to make a valid FAA INM study —and almost a year has expired waiting for this response. CONCLUSION We would appreciate further responses to these three questions: 1. How does MAC explain that the red circles (indicating RMT coverage) disclose a gap in RlvIT coverage over Bluebill Drive in Mendota Heights? (Bear in mind that this map was furnished by MAC) Page Five August 16, 2001 2. Was MASAC "incapable of conducting business" after October 2000? 3. Will MAC reimburse our costs if the installation of a noise monitor proves that MAC's 1996 Ldn noise contour map for our neighborhood was wrongly drawn? If the answer to question #2 is that MASAC was "incapable of conducting business" after October 2000 (as stated in MAC's letter to us of August 1, 2001), we will correspond directly with Chairman Nichols on the rewriting of Chapter 9 of the 14 CFR Part 1.50 Update. All the public hearings chaired by Mr. Mertensotto after October 2000 would need to be deleted from this chapter as MASAC was not a responsible party to chair public hearings, being "incapable of conducting business." We had hoped to work cooperatively with the MAC, but regrettably this is not happening, Mr. Hamiel. MAC's intransigence, displayed by their refusal to install a noise monitor, is troubling action by a public agency. We look forward to your response to the above three questions and our committee will begin the process of establishing a budget to install an independent noise monitor on Bluebill Drive. Sincerely, Michael A. Kosel Attachments (3--Exhibits A, B & C) cc: MAC (Charles Nichols, chairman, along with all 14 commissioners) Roy Fuhrmann, Manager —Aviation Noise &Satellite Programs Charles Mertensotto, MASAC Chairman and Mayor of Mendota Heights Cari Lindberg, Mendota Heights City Administrator Scott Beaty, Mendota Heights Airport Relations Committee Deanna L. Wiener, State Senator District 38 John Brandt, Dean of the Humphrey Institute of Public Affairs EM)131 /I X R) 51T J3 August 16, 2001 Rogers Lake East Airport Noise Reduction Committee Mr. Michael A. Kosel 889 Bluebill Drive Mendota Heights, MN 55120 Jessica Wood, Domestic Sales Manager Larson Davis Inc. A PCB Group Company 1681 West 820 North Provo, Utah 84601 Dear Ms. Wood: The name of your company was furnished us by Mr. Roy Fuhrmann, Manager —Aviation Noise and Satellite Programs for the Minneapolis/St. Paul area Metropolitan Airports Commission (MAC). Our understanding from Mr. Fuhrmann is that Larson Davis manufactured the noise monitors that were used by the MAC in preparing airport noise "footprint` maps required by the FAA for various submissions to that agency. (A copy of this correspondence is being famished to Mr. Fuhrmann as a courtesy so that the MAC is kept apprised of our project.) REQSIEST FOR QLOTE/PROPOSAL The Rogers Lake East Airport Noise Abatement Committee requests a proposal from Larson Davis for an airport noise monitor. I suspect you and your staff are well aware of the requirements for this type of noise monitor, but the general requirements for the installation are as follows: Quantity: One (I) noise monitor Equipment capabilities: The noise monitor must be capable of generating reports which will be accepted as accurate by the FAA and which will famish all documentationr'data required to submit a final report that will meet the Integrated Noise Module (INM) specifications as set forth by the FAA. Model: The model purchased by the MAC had (we believe) remote reporting capabilities as MAC purchased a network of noise monitors. The level of sophistication required for only one noise monitor (which we are requesting) may not require all the capabilities of the equipment purchased by the MAC. We would request information on a model (or models) that would meet the FAA requirements for the preparation of an acceptable IN -NI analysis at a reasonable cost. Page Two August 16, 2001 Type of purchase: Our understanding is that an interval of one year is required to prepare a report to the FAA under the P� M specifications as seasonality is a factor in the final computations. Thus the noise monitor is only required for a period of thirteen (13) months. (1) It may be more practical for us to lease a noise monitor, but we realize this option may not be available. (2) If an outright purchase is the only option, then please fumish us that pricing for the model or models you would propose. FOB: Please specify any additional freight costs. PURPOSE OF THIS \OISE ;1IONITOR The purpose of the noise monitor is to supply independent confirmation of the accuracy of formulas used by the MAC to extrapolate noise levels for neighborhoods that did not have a noise monitor installed. We realize that there may be some sensitivity at Larson Davis to supply a noise monitor that will be used to verify analysis done by another one of your customers, namely the Metropolitan Airports Commission (MAC). However, we do not believe this should be a concern to Larson Davis as no one is questioning the accuracy of the noise monitors that Larson Davis manufactured for the MAC. What is being questioned is the mathematical modeling of airport noise exposures for neighborhoods that did not receive a noise monitor. That is Nchv we began this letter with a reference to the MAC and advised you that the NLAC famished us your name and address. The sale or lease of a noise monitor to our committee should not affect your long-term relationship with the MAC. But, if this is a concern to Larson Davis, and if Larson Davis would elect therefore not to make a proposal, would it be possible for you to furnish us names of other manufacturers that you might recommend that could meet our requirements? To repeat, we do not think that Larson Davis should have any concerns, but we acknowledge that you might, and if you do and wish to decline to quote, then we would appreciate the names of other manufacturers of this type of airport noise monitoring equipment. Thank- cou for your attention to this request. We look forward to your response. Sincerely, Michael A. Kosel ec: Mr. Roy Fuhrmann, Manager —Aviation Noise and Satellite Programs, MAC August 16, 2001 Rogers Lake East Airport Noise Reduction Committee c. o Mr. Michael A. Kosel S39 Bluebill Drive Mendota Heights, MN 55120 Kim Hughes HNTB Corporation. 99 Canal Center (Suite 100) Alexandria, VA 22314 Dear Ms. Hughes: Your name was furnished us by Mr. Roy Fuhrmann, Manager —Aviation Noise and Satellite Programs for the Minneapolis/St. Paul area Metropolitan Airports Commission (MAC). Our understanding from Mr. Fuhrmann is that HNTB Corporation was used by the MAC in preparing their 14 CFR Part 150 b2dute report for submission to the FAA. (A copy of this correspondence is being famished to Mr. Fuhrmann as a courtesy so that the MAC is kept apprised of our project.) I believe that I heard you give an exposition regardin, this document at the November 9, 2000, public hearing held at the Thunderbird Motel in the Bloomington suburb of Minneapolis. So you and I have met --in a sense. OtR COtiCER\ Our neighborhood is convinced that the airport noise levzls assigned ro our communii< are too low. �Ve are therefore pursuing the leasz.'purchasz of a noise monitor to independently conf7rm the accuracv of the mathematical modeling used by the ivL4C in assigning noise exposures to neighborhoods that did not receive the benefit of a noise monitor nstallation. OVIR REQtiEST Airport noise studies must meet the FAA Integrated Noise Moduli (LV'M) specifications. We understand that FLNTB Corporation famished this analysis service for the MAC. Given your relationship with the MAC, we believe that it maybe difficult for HNTB Corporation to perform a similar analysis service for our committee. We would not want to put HNTB Corporation in that potentially awkward position. Nonetheless, our committee is in need of this type of sophisticated analysis and report preparation. Our request to you is to ask if you could furnish us the name of other Page Two August 16, 2001 companies: individuals that could create an INM report ti r us, acceptable to the FAA. We realize that this project may take a year. We will then contact these other firms or ndividuals and solicit a proposal from them for this service. The furnishinU of this information to our committee should not affect your lone -term relationship with the IvLAC. The MAC is aware of our independent efforts to confine their noise calculations. In Mr. Fuhrmann's letter to us of August 1, 20011 he gave us your name and telephone number. Mr. Fuhrmann also made this comment: "Ms. Kim Hughes is the HNTB project Manager_. and may be able to help... identify competitors within the industry However, rather than call you, we thought it would be best to contact you in writing. To repeat, our request is if you could furnish us the name of companies.`individuals that could create an airport noise anal%sis, per the INM specifications, acceptable to the FAA. Thank you in advance for Four attention to this request, Ms. Hughes. We hope you can help us. Sineereh. Michael A. Kosel cc: \tr. Roy Fuhnnann. �tanaeer—Aviation Eloise and Satellite Pro_*rams, �1AC N=ROPOLITAN AIRPORTS COMMISSION P tt Minneapolis -Saint Paul International Airport 6040 - 28th Avenue South • Minneapolis, MN 55450-2799 At Phone (612) 726-8100 Fax (612) 726-5296 11 t . t �1- R•oa August 22,2001 NIr. Michael Kosel 89 Bluebill Drive Mendota Heights, MN 55120 Dear Mr. Kosel: I.am responding to your letter dated August 16, 2001. The Metropolitan Airports Comrission (MAC) would like to assure you of our continuous efforts to be sensitive to the feelings of those who live in close proximity to the Minneapolis -St. Paul International Airport (MSP). There is no doubt the airport imposes an impact on its neighboring communities. As a result, the MAC is continuing to explore ways of minimizing the impact on surrounding communities, as well as working toward an equitable distribution of the resultant impacts from MSP. I appreciate your comments with regard to the quantification of noise impacts around MSP and your associated concern relative to the manner in which community concerns are addressed. Although you request answers to three primary questions, I believe your diligence in the preparation of such thorough comments warrants further explanation. The appropriate location of Airport Noise and Operations Monitoring System (ANOMS) Remote Monitoring Towers (RMTs) around the airport, in addition to quantifying noise impacts and the role of MASAC are at the core of our noise mitigation efforts at MSP. I have spoken with our noise staff, and understand that discussions regarding the location of ANOMS RA /lTS and the contour generation process have been ongoing between your neighborhood and our staff. Although those discussions, I am certain, did not provide the answers your were looking for, I hope they were helpful in your quest for answers to these very complicated questions. I understand that on June 13, 2001 Chad Leqve of our Aviation Noise and Satellite Programs office, in response to your request, provided a presentation to the Mendota Height Airports Relations Commission, which you attended. In my review of the presentation it appears discussion focused on the following: • Continuing mitigation efforts at MSP • Status of the present MSP Part 150 Program • Part 150 Update — noise mitigation measures and land use measures • Mechanisms for evaluating noise impacts Tha \fatropolican _tinor[s Comciission is an affvmati-,s action amplo�er. F.eliaver Ai: noes: �t:,L.�t, • A�OK-A CO;'FiLAIV£ • CP.ti ST.'\L > FL'i I\G CLOUO • ! ?�[ 3L\70 5 :I\-i' ?.tr'i. COIL\'r0'�\�i Integrated Noise Model (INM) • ANOMS and Remote Monitoring Towers and the location process • Noise program Web site — www. macaysat . org • MASAC review and reorganization For your review, I have enclosed a copy of the presentation (Attachment #1) for your reference Before I specifically address some of the points in your letter, I would like to provide some clarification by way of background. It is important to note the impact that Federal policies have in dictating the manner in which noise is quantified and addressed at our nation's public use airports. In 1979 the Aviation Safety and Noise Abatement Act established a congressional directive to the Federal Aviation Administration (FAA) calling for the implementation of a mechanism for the development of noise mitigation programs at U.S. airports. The result of this congressional direction was the development of 14 CFR Part 150. Through the development of Part 150, the FAA endorsed the use of the Day -Night Average Sound Level (DNL) metric as the appropriate metric for quantifying noise impacts around airports. The endorsement of DNL as an appropriate metric for quantifying impact is shared by the Department of Defense (DoD) and the Department of Housing and Urban Development (HUD). DNL has been extensively evaluated over the years by the Environmental Protection Agency (EPA), FAA and the Federal Interagency Committee On Noise (FICON). The Federally established mechanism for quantifying airport DNL noise impacts is the Integrated Noise Model (PiM). The availability of federal or aviation generated funds for the purpose of noise mitigation efforts (sound insulation) is contingent upon the development of a noise exposure map (typically referred to as contours) that is consistent with the federal criteria for doing so (i.e. INM and DNL). Having said that, it is imperative to understand the inputs and function of the federally required I`i IVI DNL contour generation process. The Integrated Noise Model (INNI) is used to specifically assess the noise impact of aircraft operations. INM utilizes input files consisting of information relative to runway use, flight track use, aircraft fleet mix, aircraft performance/thrust settings, topography and atmospheric information to generate a noise exposure map. The computer model generates contours that depict areas of noise impact. The DNL contours generated are the focal point of any noise mitigation measure proposed in a Part 150 program. The method for quantifying aircraft specific noise characteristics in INM is accomplished through the use of a comprehensive noise database which has been developed under the auspices of Federal Aviation Regulation (FAR) Part 36. As part of the airworthiness certification process, aircraft manufacturers are required to subject the aircraft to a battery of noise tests (the Part 36 testing process is outlined in more detail in Mr. Legve's presentation - Attachment #1). Through the use of federally adopted and endorsed algorithms this aircraft specific noise information is utilized in the generation of INM DNL contours. A justification for such an approach is rooted in national standardization of noise quantification at the nations airports. It is important to realize that the use of ANOMS RNIT noise data is an MSP unique initiative for the purpose of ongoing quantification of noise impacts and the development of plans and Tha Vitas ooiitan r\irnorts Commission is ao affvsa;i�:e acaon Felie:er AUonr,,: Ai�LA:� • .�\bKA CO�i iil'r'FL�INE • CRFSTAL • FLYI\C CLOUD • La.KH tC�IO SAi\ : FAut. ➢OL9V"r0`.1l" procedures to address them. RNlTs and the associated noise data are not a federally accepted method for the development of noise exposure maps that require federal or aviation generated funding allocations. The use of such measures would require federal review, and approval. Having stated the above information, below I have provided some specific responses to, what I consider, the focal points of your letter. The responses are under the same headings as those found in your letter. NIACs RMT Coverage The Minneapolis/St. Paul International Airport (NISP) Airport Noise and Operations Monitoring System (ANOMS) is one of the largest, most complex installations of its kind in the United States. The system is a central element of a sophisticated, evolving noise and airspace management program. ANOMS at MSP provides an objective tool for the purpose of assessing airport and airspace utilization and the resultant impacts. The system became operational in 1993, providing a level of noise and airspace management capabilities previously unavailable. Since that time ANOMS has proven to be a critical component of the MACS noise reduction missions. ANOMS has become the focal point for data acquisition and dissemination for airspace and noise analysis. The ANOMS program at NISP has received accolades both locally and nationally for innovative and creative applications of the technology. The possibility of such achievement is predicated on a solid foundation of system accuracy and sound scientific methods utilized in the installation and ongoing procurement/enhancements of the system. A primary component of the mentioned efforts, in recent years, has been the addition of more RMTs to the MSP ANOMS system. The RMT location process is predicated on a solid, reproducible location analysis methodology (please refer to Attachment #2). Understanding the location analysis process and the variables that go into the process is critical to gaining a full understanding of the resultant capabilities of the ANNOMS system. Your reference to a gap in the At�tONIS coverage area around NISP, and specifically between RNIT 15 and 13, is the result of a misinterpretation of the representation of one variable, the buffer, used n the RMT location analysis process. The noise monitoring coverage of ANNOMS noise monitors s a complex function of the proximity of the noise monitor to the airport and the nature of airspace use over the respective monitor. Because this is the case, a baseline RMT buffer or constant variable has to be established, which can be applied to the location of noise monitors around the entire airport. This was accomplished through normalization of the distance from one RZIIIT to another predicated on a buffer radius established by half of the mean distance from one RNIT to another based on the existing RMT coverage. The buffer, which you are referring to in the attached graphic you included with your letter, is the normalized buffer, not the ANOMS monitoring coverage footprint. In fact the actual ANOMS coverage area radius at RtMTs 13 and 15 (those RNIT's closest to your location) is 2,500 meters at both sites. Additionally, the August 1, 2001 letter to you from Mr. Fuhrmann provided an in-depth analysis of the coverage area on Bluebill Drive by RNITs 15 and 13, These analyses confirm that there is overlapping coverage of your area, The �tah000htan aliraorts Cammission is an aifiama;ive a� iur employe-. Rutie:-e�:llrour;s: r1Slr�.� • dvOCF1 COL" 7rY:�➢L-U�i E + C7<YST�L • FL5'iNG CLCUD . L.�t� Ei..\IJ � 511\ : P �L CDI�\ i OItT` which is consistent with previous R1MT location analyses conducted by MAC staff and previously approved by the MASAC organization in 1998. In your letter you state that Mr. Mertensotto made comments at the public hearing with respect to 'holes" in the noise monitoring coverage of ANOMS at MSP. Furthermore, you reach the conclusion that through his abstinence of comment, Mr. Fuhrmann was endorsing the comments made by Mr. Mertensotto. I would offer the following for your consideration. Public Hearings are, in essence, to do just that, hear from the public and not a forum for debate. I would therefore deduct that Mr. Fubrmann's lack of comment following Mr. Mertensotto's comments was not an action of concurrence but rather that of trying to conform to the due process of a public hearing. It is with the above in mind that I say with a great deal of confidence that our noise monitoring coverage around MSP is adequate and that a hole does not exist between RMT 15 and 13, as you state in your letter. The Role of MASAC On August 22, 2000 MASAC endorsed the elements of the Part 150 Update document. MASAC released the Part 150 Update document for public comment on October 6, 2000. The Part 150 Update public hearings were held on November 8 & 9, 2000. A letter dated October 31, 2000 was submitted to the MAC regarding the resignation of various airline representatives from MASAC. The extensive deliberations of MASAC throughout the Part 150 Update process occurred prior to the resignation of the airlines. Furthermore, the Council established the public hearing dates prior to the resignation of the airlines. The public hearings that were held in November 2000 were consistent with the Council commitment made prior to the resignation of the airlines. It is important to note that a public hearing is not a requirement of the Part 150 development process and furthermore, there is no requirement of the Part 150 Study sponsor to conduct such a hearing. Additionally, it may be of nterest to note the purpose of a Part 150 study as defined by the FAA, that reads as: "Part 150 promotes comprehensive noise evaluation and mitigation and is the primary program under which the FAA supports local airport noise compatibility planning and projects. Part 150 is a voluntary' program that allows airport operators to prepare noise exposure maps and to recommend measures in a noise compatibility program to reduce noise and noncompatible land uses. Airport operators may submit airport noise compatibility programs to the FAA for approval under criteria established by ASNA and part 150. The FAA is authorized to provide Airport Improvement Program (AIP) funding for airport noise compatibility planning (i.e., the preparation of the noise exposure maps and the noise compatibility program) and for noise projects (i.e., measures approved by the FAA in a noise compatibility program)." With respect to the conduct of the Public Hearing, it is my estimation, that past YL=ISAC members were honoring their previous commitment of sponsoring a public hearing through the donation of their time to a process that would ensure adequate public involvement and the expeditious review The `(e� ooli[an Airoorts Commissia� �� an aiEirmaa,e ac..on e:�ptoyer. Emphasis added by author Ratia�er rliruoc;>: .�iRL.-�� • :i�Ol.1 COIJ�'il`i➢L.�G1E CR15r.�1. a FLT I\'G CLCI'n L.1i:F FL\f0 Sni\ (' ^.,,, i. DO'+lT'COt�\ of the proposal. This represented an effort to ensure seamless continuation of Part 150 sound mitigation efforts at MSP. I would offer that your frustration and dissatisfaction with regard to the status of your home relative to the updated Part 150 would remain unchanged from the present, regazdless of who sponsored or chaired the public hearing. More specifically, with regard to Mr. Fuhrmann's comments, he is correct in his statements regarding responses to public comments received from a public hearing and the manner in which requests such as yours for noise monitoring were handled. Responses to public comments on the Part 150 will be provided as part of the final document which will be submitted to the FAA in mid October as a result of the Commissions' recent actions. A copy of the document and responses to the comments will also be available to you and the petitioners of the Rogers Lake East area. Additionally, in the past, noise -monitoring requests were typically reviewed by MASAC and a determination on the request was made by the body with respect to the overall benefit that a monitor would contribute to increased understanding of noise for the entire organization. Since the remaining MASAC representatives, at the November 28, 2000 meeting, determined that they , would no longer conduct meetings until the airlines membership issue was resolved, this avenue did not exist. With regazd to your comment being replied to as part of public hearing process, the response is being prepazed via the response to public comment portion of the final part 150 Update document, which is standazd protocol. In addition, the most recent correspondence sent to you provides in-depth information regarding your public comments. NIACs Departure Maps The issue of developing INNI flight tracks for the purpose of contour generation is critical. As part of the Part 150 Update process, extensive efforts were taken to use actual objective flight track information in the development of I�i iM flight tracks. The development of the Ii 1M flight tracks for the purpose of the Part 150 Update was predicated on the use of actual flight track locations as collected by the FA.A ASR 9 radar located on the airfield at MSP. This radar is the same equipment used on a daily basis by air traffic controllers to provide aircraft separation and safety of flight criteria to aircraft departing from and arriving to MSP. Through the use of this flight track positional data via ANOMS, the I�i 1NI flight tracks were developed. Based on this highly reliable information, I continue to believe that the contour development process is based on the best aircraft over flight information available. Therefore the resultant contours do represent an accurate depiction of the most severely impacted noise areas according to defined FAA assessment evaluation procedures. Although you may disagree with the FAA's assessment criteria, after review of the information, I find the process and resultant contours valid and in compliance with FAAs guidelines. MACS Denial of Our Noise btonitorina Petition Again, I apologize for your dissatisfaction with our position regarding noise monitoring in your neighborhood. I do not believe, considering the framework of national policy and the extensive monitoring program we have in place a NISP, that additional monitoring is warranted or thaC the The \fatronviitan Air?orts Commission is av affirmatl•:e avtiov e•nptoyer. Feliaver Aires s� . i.L4 �c • .A�:O�A COCJN-CYiDLa(`IE • CR}'ST:IL + FLYI�C CLCI'L + LASE cL�lO = JA!��-r PAUI. DO•.4ti'C0111 contour maps that have been generated by a very reputable firm through the use of actual radar data from the FAA are incorrect. In conclusion, I hope the above information provides a comprehensive answer to the three questions you raised in your letter. As a final thought, I offer to have members of our Noise Staff review at the Mendota Heights City Hall with you, Mr. Scott Beatty of the Mendota heights Airports Relations Committee and Ms. Cari Lindberg, Mendota Heights City Manager, actual RMT noise monitoring data that is available on the intemet of aircraft replay capabilities and noise events, as yet another measure to assist you in understanding the RMT coverage capabilities of the ANOMS system. Once again, I assure you that MAC is committed to addressing noise impacts around MSP, today and into the future. I hope this information is helpful and addresses the questions you raised in your letter. If I can be of further assistance please feel fee to contact me at 612-726-8186. cerely, effrelj Hamiel Executive Director, Metropolitan Airports Commission cc: YIs. Deanna L. Wiener, State Senator District 38 Mr. Charles Mertensotto, Honorable Mayor of Mendota Heights Ms. Cari Lindberg, Mendota Heights City Administrator Mr. Charles Nichols, MAC Chairman MAC Commissioners Mr. Scott Beaty, Mendota Heights Airport Relations Comrission Dr. John Brandl, Dean of the University of Minnesota Humphrey Institute of Public Affairs Mr. Roy Fuhrmann, Manager, Aviation Noise and Satellite Programs The Mesopoii;aa Ai worts Commission is an aifi.-native ac:ioe emolo•ier. Reliever Air:>ors: :it"i.L.��F. + .a.\OlA •i7L.-lR'E CRYST.�L . FLYI\G CLODU + La.::c F.i\IO - Sii\; F.�i;i. C011`h-['Ol',ti' rr� August 31, 2001 Rogers Lake East Airport Noise PW Reduction Committee cio Mr. Michael A. Kosel 89 Bluebill Drive Mendota Heights, MN 55120 ;40 . Jeffre amiel ecu e Director oPolitan Airports Commission 28bAvenue South neapolis, MN 55450 Dear Mr. Hamiel: On August 16, our Committee mailed a response to MAC,s letter of Au refused to cooperate in evaluating the accuracy of airport noise projections over Rogers Lake East. A response to the three questions raised in this letter r gust 1st which been received from MAC. gust 16 has not yet We do, however, want to keep MAC apprised of our activities to create an independent airport noise analysis --acceptable to the FAA. To that end, attached herewith is a copy of our letter to the FAA requesting the necessary computer program and government gengineers to proceedA cop uidelines to allow our . v Of our letter to the FAA is being seepresentative Oberstar, as he has ahvays been aviaddition proactwe in handling aviation nt to Ron issues in Minnesota and, in ad direct oversight of the FAA. his committee has Sincerely_ / Michael A. Kosel Attachments (copy of letter to the FAA) cc: Roy MAC (Charles NicholsannM, chairman, along with all 14 commissioners) Charles 1 �nensa Manager —Aviation Noise & Satellite Programs MASAC Chairman and Mayor of Mendota Heights Cari Lindberg, Mendota Heights City Administrator Scott Beaty Mendota Heights Airport Relations Committee Deanna L. Wiener, State Senator District 38 John Brandl, Dean of the Humphrey Institute of Public Affairs Jane F. Garvey, Administrator Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Dear Ms. Garvey: August 31, 2001 Rogers Lake East Airport Noise Reduction Committee c, o Mr. Michael A. Kosel 839 Bluebill Drive Mendota Heights, MN 551 20 senL to Your heir responsible department ttmanagers that can f]I our reques. Garvey, with the gsest that it be forwarded to We request (1) a copy of the IntegratedOUR REQUEST 6.Oa and (2) a co Noise Model (1N1v1) computer progr ty P � "14 Code of Federal Regulations (C ) mp ISO �,' Version Compatibiliplanning, `Airport Noise Our community is troubled by airport PURPOSE ise. The above an analysis of airport noise c nditio s over our our community, The FAA's initial reaction to information is needed to conduct our request may be that our Therefore committee does not know what we are getting into. we want to inform the FAA in advance that the two engineers who will develop this analysis are well familiar with the complexities of this tv e have the necessary background in computer analysis and p of work and mathematics (calculus, etc. ). It is our understanding that the above information should notshould be available upon request. We look forward to a response n proprietary near future as we are anxious to beo n to nature and in. The Minneapolis/St. Paul M� opoliF Airports in the Commission (MAC) is aware of our activities and we are copying there on this letter as a courtesy. Sincerely, Michael A. Kosel cc: Mr. Jeff Hamiel, Executive Director —MAC Representative James Oberstar, Ranking Democratic Member, House Transportation & Infrastructure Committee from Minnesota's 8� Distr ct August 3I, 2001 Rogers Lake East Airport Noise Reduction Committee c/o Mr. Michael A_ Kosei 839 Bluebill Drive Mendota Heights, MN 55120 Representative James Oberstar Minnesota's 81h District 2365 Rayburn House Office Bldg. Washington, DC 20515 Dear Representative Oberstar: Attached herewith is a letter, written to the FAA, requesting copies of computer program (INM 6 Oa Both are 2 ) and FAA's airport noise calculation required to prepare airport guidelines rport noise projections acce (14 CFIZ Pan ptable to the FAA 150). The Minneapolis; St. Paul Committee Metropolitan Airports Commission is requested e has undertaken and we are keeping them abreast of our information should not be aware of what our FAA in responding. proprietary and we do activities. The not expect a problem with the We are copvino public record in addressing Oberstar, as we are well aware Minnesota. gavtation issues—especiall °fYour In addition, your position as the Ranking y those affecting distinguished Transportation and Infrastructure Con Member on the your home their Committee has state of proczdurzs, given you fer on thi House ty- with the FAA and eoAlthough wz do not reside in the Minnesota's Eighth District, we trust that if we u'or ass some challenges in obtaining our requests from the FA You for assistance. do A, that we can call on Sincerely, Michael A. Kosel September 12, 2001 Rogers Lake East Airport Noise Reduction Committee c, o Mr. Michael A. Kosel 889 Bluebill Drive Mendota Heights, MINI 55120 Phone: 6> I-456-9513 Mr. Je Director �olitan Airports Commission 28`a Avenue South apolis, MN 55450 Dear Mr. Hamiel: I am in receipt of your letter dated August 22. This was delayed in amvim�, as I did not receive it until August 11. I do feel it necessan to comment on your letter. A 'point'counterpoint' element tends to creep nto this type of correspondence. However, a contemporaneous paper trail of our objections could be important at a later date. After MAC submits the 14 CFR Part I50 b% date, 14 CFR 150.31(c)(J) and (d) provides for a 180-day approval period at the FAA wherein our objections could be heard by an appeal directly to the FAA. For that reason, this comment is necessary. None of these comments should betaken personally by anyone at MAC. 'y1EETI\G TIME We accept MAC's offer of a meeting. The venue at the Mendota Heights City Hall is fine. Please have someone from your staff give me a call (my telephone number is given above) and a convenient time can be set for all. This meeting is desired 'sooner, rather than 'later.' Attached s an agenda (consisting of fire pages) with questionsconcerns for discussion at that meeting. Your letter makes reference to a June l J meeting with Chad Leqve and Roy- Fuhrmann from MAC. There was some confusion about the agenda for that meeting. We had requested a meeting to obtain MAC's response to our November 8. 2000 petition requesting a noise monitor on Bluebill Drive (over seven months having elapsed). Mr. Leqve (who is very knowledgeable on airport noise) arrived with an hour and a half power -point presentation. While interesting, this presentation was not why we came to that meeting. Out of courtesy, we listened for about an hour and then interrupted as time was Betting aw av from the group. Eventually the petition was September 12, 2001 Page 2 discussed, but considerable time was spent on general topics that were not our interest at that time. The enclosed agenda should prevent a reoccurrence of that problem. Your suggestion to meet is appropriate. Section 150.23(d) of the FAA's Part I �0 Regulations requires `active and direct participation of the general public.' Part of the dictionary definition of the word `direct' is: "with nothing or no one between; immediate: close, firsthand, or personal (direct contact... )." This meeting with the MAC, without intermediaries, meets that requirement of "direct participation." Your suggestion to include Scott Beatty and Cari Lindberg is well taken if they are available. Can a knowledgeable representative from HNTB also be present? 14 CFR 1 SO A 150.103(a) states regarding FAA approval of airport computer noise predictions: "In considering approval... key factors include the demonstrated capability to produce the required output and the public availability of the program or methodology to provide interested parties the opportunity to substantiate the results." Our agenda contains questions as to the `program and methodology" used by MAC so as to substantiate (or disprove) the noise levels assigned to our community. We certainly meet the definition of an 'interested party �IAC'S RESPO\SE TO OLiR QtiESTIO\S MAC s August 22 letter was a response to our letter of August 16 that asked three questions. Question \o. 1: Our first question had to do ��ith a 'hole in noise monitor (RMT) coverage over our neighborhood. MAC s RMT coverage map has red circles that appear around each noise monitor. The red circles over Monitors =13 and =15 (which straddle our community) ha%e a gap or 'hole between these red circles. We felt this indicated a -hole' in RNIT cc%erase. Your letters explanation of this `hole' is not clear. tvLAC's response seems to be that a 'buffer' was established around each monitor to facilitate analysis of data from the underlying subset of 29 noise monitors. The red circles identify this 'normalized buffer'. Are the computer calculations referred to here part of the tNM program? Does the INM system calculate based only on readings from the 'normalized buffer"' Isn't this then a restriction in coverage over our neighborhood? The coverage map clearly showed a gap over our neighborhood between 'normalized buffers around Monitors �li and � 1�. Doesn't this have am_ significance? If not significant, why are the red circles drawn on a map labeled airport noise 'coverage'? Monitors #13 and #15 are key to our locale in Rogers Lake East. The Ldn 65 noise contour boundary was drawn between these two monitors. If there is an error in this noise contour boundary (and we believe there is) then Monitors 913 and 415 are involved in the problem. September 12, 2001 Page 3 MAC turnished an Attachment 42 written by Chad Leqve, dated June 19, 2001 where (in footnote � 1) it states that the mean (average) distance between monitors is 5,767 feet. GPS readings show that the distance between Monitors = 1 3) and =15 is 6,970 feet. This distance of 6,970 feet is 21% above the mean or average distance between monitors. The distance separating Monitors 413 and 915 (which are key to our neighborhood) is not representative of mean or average monitor spacing --adding to our concern. MAC's letter rates a monitor's coverage as a radius of 2,500 meters or 8,202 feet (roughly a radius of 1.6 miles). In analyzing MAC's geographic placement of monitors in the network, the distance between Monitor 915 and Monitor'=23 is about 4,000 feet (approximately half of the 8,200 feet, 2,500 meter coverage rating of just one monitor). From a la}mtan's perspective, why did MAC place monitors so close together if a monitor's radial coverage is really 8,200 feet? Doesn't this more than double your cost? Another example is Monitor "26, installed in the summer of 1999--logically to improve RMT coverage of the original network installed in 1993. Monitor =26 was placed in the midst of Monitors ' li, =24, =21 and =22. From a layman's perspective, if monitors can accurately cover a radius of 8,200 feet (2,500 meters), Monitor =26 would be redundant. being placed in the midst of four pre-existing monitors, all less than 16,400 feet (5,000 meters) apart. The same rationale that leads MAC to deny us a noise monitor on Bluebill Drive (between Monitors 413 and =15) would seem to preclude the placement of Monitor =26 in this position. This leads us to question statements on the efficacy of noise monitors to a radius of 8,200 feet or 2,500 meters. Could we obtain a Larson Davis technical manual for the monitor model used in Monitor -13 and Monitor = I5? Question \o. 2: This question had to do tiaith the accuracy of MAC"s assertion in their letter of August 1 that ivLASAC was "incapable of conducting business" after October 2000. That statement was made to justit` an unconscionable delay. exceeding 8 months. in responding to our petition for a noise monitor (presented on November 8, 2000). An explicit answer is not given, but the letter seems to agree with our contention that the demise of MASAC does not date to October2000. Question No 3: MAC refused our petition to install a noise monitor on Bluebill Drive. FAA regulations give all "interested parties the opportunity to substantiate the results' (14 CFR reference cited earlier) of computer generated noise exposure maps. MAC's intransigence forces US to purchase a noise monitoring service to "substantiate the results". Our third question was, would MAC reimburse our noise monitor costs if the noise monitor proves that MAC's noise exposure map is wrong. Your letter did not answer this question and we respectfully request an answer. September 1?. "_'001 Page 4 REMOTE JIONITORING TOWERS (RiITs) MAC's letter describes the RMTs as being "at the core of our [MAC] noise mitigation efforts at ASP." Comments of this tenor are made throughout the letter: "one of the largest, most complex installations of its kind in the United States." "AtiOi`IS has become the focal point for data acquisition and dissemination for...noise analysis." "The AtiOAtS program at tVISP has received accolades both locally and nationally...predicated on a solid foundation of system accuracy..." Attached herewith are pictures of Monitors #13 and =1 � (marked Exhibits A and B). It is difficult to believe that these monitors are capable of generating accurate noise reports. Monitor 13 has an oak tree growing over it, shielding it from the sky. Monitor r 15 has a birch tree growing over it, serving the same purpose. Monitor =I3 has been placed in a forest setting with overgrowth surrounding it; Monitor"l3 is not much of an improvement. / Is not reverberation (the re-echoing or reflection of sound waves) a,signiticant factor in the human perception of this noise? In residential settings, when jet noise descends between, say, a garage wall and the neighbor's residential wall, does not reverberation take place extending the duration of this event? How can these monitors, placed in park -like settings, surrounded by trees and leaves that absorb sound, accurately reflect the human experience in a residential setting? Can an_v confidence be placed in noise readings generated from Monitors =13 and =U in their current condition of overgrowth? Appendix A, Table A-1_ in the 1-I ('FR Part 1 ?O C'pdaie has a question from the FAA that the MAC does not answer. The question is: '`Ifnoise monitoring was used, dots the narrative ndicate that Part 150 guidelines were followed?'. The MAC does not answer this either Yes or No, rather "N A." The draft C-f�date uses reports from the RIv1T network to validate its INivi projections (see pages -�3 and 3-24). l�4 CFR Al �0.1 states: `'Whenever noise monitoring is used, under this part, t should be accomplished in accordance with Sec. Al 50.5 of this appendix." Then, Sec. A150.5(b) states: "Noise measurements and documentation must be in accordance with accepted acoustical measurement methodology, such as..." and then gives three acceptable reference works. Does the Ri'`4T network follow `accepted acoustical measurement methodology" as required by the F.4A? This question cannot be answered "NIA" (as is done in the Appendix) --either Yes or No. We believe the pictures of Monitors �13 and r15 (Exhibits A and B) herewith show violations of September 12, 2001 Page 5 basic rules of `'accepted acoustical measurement methodology" and that RMT reports should be discarded from the Update as not meeting FAA regulations. Also, herewith, is Exhibit C showing our proposed location of a noise monitor on Bluebill Drive. We believe its location meets the FAA requirements. ANOMALIES IN ANO�IS REPORTING As layman, let us give you an example of why we question the ANOMS system. This is not the only one we have found, but it is one that is easy to follow. (Just to cite another example, one could compare the lack of proportionality between July 2001 to July 2000 wherein departures increased 18% and ANOMS Ldn data increased only .02% [two hundredth of one per cent].) Rogers Lake East (our neighborhood) is in the Eagan -Mendota Heights Corridor. In July of 1999, departures and arrivals in the Corridor were reduced (probably due to airport construction). This dramatically reversed in July of 2000, the figures are: Arrivals Departures July 1999 10,034 5,615 July 2000 11,436 10,481 2000 vs 1999 4 11402 —41866 Percentage of increase +14% +87% This is a 1�4ASSIVE increase in airport noise. Departures (the noisiest events) almost doubled from July of 1999 to Jul' of 2000. What did the ANOMS system report. Does it reflect this massive increase in noise? We do not know where these planes went in the Eagan -Mendota Heights Corridor, all know s that they went through the Corridor. Statistically, if you took all of thz RMT reports in the Corridor from Julv 1999 and compared them to all of the RMT reports from Jul 2000, you should easilv be able to detect a substantial increase in noise. There are now ten monitors in the Eagan -Mendota Heights Corridor: Monitors �13, 141115, 161 r21, r2? R23, #24, n25 and k26. Since Monitors #26 and =26 were not operating in ] 999, they are removed from the following tabulations. The following therefore is an 'apples to apples' comparison between the eight monitors running in 1999 with the corresponding eight monitors running in 2000. July 1999 Monthly Ldn Grand Total (8 monitors) 519.1 July 2000 Monthly Ldn Grand Total (8 monitors) 509.8 2000 vs 1999 -9.3 decrease Percentage of decrease 41 8% September 12, 2001 Page 6 Is there any explanation for the ANOMS system reporting a DECREASE in Ldn levels when the operation reports show a massive INCREASE? PUBL[C HEARINGS For some reason, MAC's letter stresses: "It is important to note that a public hearing is not a requirement of the Part 150 development process and furthermore, there is no requirement of the Part 150 Study sponsor to conduct such a hearing." FAA revelations require "the active and direct participation of...the general public" (14 CFR citation cited earlier). In this same section (14 CFR 150.23[e][4]) the FAA requires that MAC give a "description of public participation..." and later in this section (150.23[e][7]) the FAA requires: ',A summary of the comments at any public hearing on the program..." The FAA obviously contemplated public hearings taking place. True, the FAA does not order public hearings. But hove would MAC meet the FAA requirement for participation by the general public without public hearings? Would you meet with each citizen one by one? CIi�HibLaN hiERTENSOTTO'S COMMIE\TS Four letter dismisses comments made by Mr. Mertensotto at public hearings where he stated there were "holes` in the lAAC's airport noise monitoring coverage. Our letter pointed out that Mr. Fuhnnann (from MAC, present on the dais at these hearings with Mr. Mertensotto) had not corrected or objected to this statement. Therefore our argument went that the public record testified to the existence of -%holes' which provided a basis for our petition for a noise monitor to fix the --hole' in coverage over our community. You argue that Nir. Mertensotto's comments were made at a "public11 hearing and that the purpose of these hearings was to "hear from the public" and not '`a forum for debate." You would have a point if Mr. Mertensotto was a member of the "public." However, Mr. Mertensotto vas NOT there as a member of the public. Mr. Mertensotto chaired the public hearing and was then the Chairman of MASAC (MAC's -'primary advisor', see Update page 1-12). Mr. Mertensotto spoke from his own certain knowledge and not from the standpoint of a member of the public. When you listened to Mr. Mertensotto, you were NOT listening to the "public" invited to the hearing. If Mr. Mertensotto was in error, it was unconscionable of Mr. Fuhrmann not to correct him. His failure to correct Mr. Mertensotto would have acted to mislead the public, which is certainly not the purpose of a public hearing. September 12, 2001 Pace 7 The reason Mr. Fuhrmann did not correct Mr. Mertensotto at the public hearing is because Mr. Mertensotto was correct. There are "holes1. in the airports monitoring system. What reason would Mr. Mertensotto have to make false statements at a public hearing? CONCLUSIO\' I look forward to hearing. from you or your staff in the near future to set up the meeting you have proposed. v In closing, let me repeat that comments in the letter are not to be taken personally. To progress on this issue, it is necessary to speak frankly. ZO 141 z4 Sincerely Michael A. Kosel Attachments cc: MAC (Charles Nichols, chairman, along �sith all 14 commissioners) Rov Fuhrmann, Manaaer—Aviation Noise & Satellite Programs Charles Mertensotto, N.-ASAC Chairman and Mayor of Mendota HeiLThts Cari Lindberg., Mendota Heights Citv Administrator Scott Beatv. Mendota Heights Airport Relations Committee Deanna L. Wiener_ State Senator District 38 John Brandl, Dean of the Humphrey Institute of Public Affairs Representative James Oberstar, Ranking Democratic Member, House Transportation & Infrastructure Committee from Minnesota's 8a' District r N,INANr s Nv frd�~i� �s yYFit jl�""N Net VAX �e3 IN ♦. ... t I N, M NN }-' �`- AGENDA For Meeting Between Metropolitan Airports Commission Rogers Lake East Airport Noise Reduction Committee l.) Please refer to Exhibits A and B which are current photographs of Monitors � li and � I5. • Are Monitors 413 and i' I S capable of giving accurate measurements given the overgrowth? • Were MAC and HNTB aware of these conditions of overgrowth'? • Should not reports from these monitors be rejected? 2.) Page 3-27 of the I -I CFR Part 150 Upc(ate states: "There are several significant changes in the new version [INM version 6.0a], including changes to the noise propagation algorithms, which now account for humidity. An analysis showed that the algorithm change increases the area within the 65 dB DNL contour by 13.1%... " The Update appears to be saying that the previous program [INM version 4.111 understated the 65 dB DNL contour by 13.1%. After compensating for this error in the 1996 noise contour map, Rogers Lake East would be included under MAC's current noise insulation program that insulates homes in the 65 dB contour. (Our blocks are right on the boundary and any increase would include us.) • Should not the 1996 noise contour map lines be redrawn, correcting the omission of humidih in the noise analysis, resulting in additional Rogers Lake East homes being insulated? 3.) Page 3-10 of the C"plate states regarding departure rules Dyer the Eagan -Mendota Heights Corridor: "aircraft departing from Runway 12L or 12R are not permitted to turn prior to reaching 3 statute miles from the departure ends oC the runwa}'s...\LAC has demonstrated that over 95 % ofje[ departures comply with Corridor procedures." Jets departing 1'IL , following this departure rule, would not turn until reaching a point Dyer the southeast comer of the intersection of Dodd Road and Interstate 49 1. This point is south of Rogers Lake East by a substantial distance. Jets flying 3 statute miles from the ends of the runways before turning would not fly over Rogers Lake East. Our noise problem would be solved! But jet planes are NOT flying.' statute miles before turning. The C pdate claims that 95 /0 of jet departures are doing this and this is NOT HAPPENING. • How do you explain this contradiction? It Isn't flyine 3 statute miles before turning an FAA rule for -jets' • Why is it not being followed? • How can we get this rule enforced? Agenda Page 2 4.) A change in the northern boundary of the Eagan -Mendota Heights Corridor from 90 degrees to 95 degrees would help Rogers Lake East. Rogers Lake East is very near the current 90 degree northern boundary. However, Page 6-12 of the C%pdare rejects resetting the Corridor boundary to 95 degrees (from 90 degrees). The rationale given is: ",�NOM1IS data shows that approximately 78 % of the departure aircraft that use the 090.degree heading are turboprop or piston prop aircraft. Because of the relatively quiet noise characteristics of these aircraft, and their predominant use of the 090-degree heading, there was no significant change in the DNL contour..." In discussing our Corridor's departure rules, Page 3-10 (referenced above) makes a distinction between "jet" aircraft and "turboprop" aircraft which "because of their quieter noise characteristics, are not required to use Corridor procedures" (i.e. not required to fly 3 statute miles from the end of the runway before turning). In July of 2001, of the 12,320 departures over the Eagan -Mendota Heights Corridor, 9,�454 (77° o) were "jet" carriers. Of the 2,866 departures that were not jet "carriers' a significant portion would still have been "Jets," they just would not have been carrying passengers. Turboprop planes must be a small portion of departures at MSP. • Is your rejection of the 95 degree boundary based on MAC's assumption that only these few `'turboprop" planes are flying over Rogers Lake East along the 90 degree heading? If so, this is far from reality. • Doesn't ANOMS data report the many noisy "jets' that are (in contravention of FAA rules) approximating a 90 degree heading over Rogers Lake East? • INIvi apparently does not base its calculations on actual flight paths. Rather, MAC enters in pre-set standardized flight paths (based on destinations) and tells INIvf what departures are following these preset paths. INM does the rest. Are these pre-set flight paths placed in FI M, flight paths that assume "jets' are indeed flying 3 statute miles off the end of Runways 12L and 12R before turning? (This may explain the unusually low noise level INM assigns to Rogers Lake East; however, `jets" are NOT flying 3 statute miles before turning.) o Isn't the rationale for rejecting the 95 degree change in our Corridor's northern boundary wrong? A change to 95 degrees (from 90 degrees) would help Rogers Lake East. 5.) Figure 6-� moves the DNL 60 boundary over Rogers Lake East, reducing the number of homes in that contour. The move isjustified by reason of "Distant NADP." Page E-2 of the Update states that "Unless otherwise instructed, airlines will typically use the Distant NADP.` Page 6-23 states that "current practice" is for use of "Distant NADP on Runways 12L and 12R." • "Distant NADP" is customarily used (per Page E-2) unless an airport mandates "Close -In NADP". For NLAC to calculate a noise reduction by utilizing "Distant NADP" there must have been a recent time when MSP mandated "Close -In NADP" on Runways 12Lr 12R. When were "Close -In NADP" procedures ever mandated on Runways 12L and 12R9 Agenda Page 3 • Since Distant NADP is already in place for RunwaNs 12L and 12R, how can MAC get any future noise savings? How can youjustify moving our noise boundary for a noise abatement procedure that is already in place? Aren't you taking credit for this noise abatement procedure twice? 6.) Page 3-1 of the Update states: "The use of INM and computer -based noise modeling allow for the projection of future, forecast noise exposure." "MM' must refer to NM Version 6.0a distributed by the FAA. However, the quotation refers to additional '`computer -based noise modeling." • What is this programming? Is it part of NM? Or are these programs in addition to INM? Were all the "computer -based noise modeling" programs used by MAC approved by the FAA? • If the "computer -based noise modeling" program is not available from the FAA, we would request a copy of this program from the MAC. 7.) Page 3-1 I of the Upda[a states: `rumvay use during the construction months is excluded from the noise analysis in the Part 150 Study Update. Earlier, on Page 3-10, the C pdate refers to the construction months as `summer months." The C pdate in a different subheading identities the construction months as: April, May, June, July, August and September (six months. 5010 of a calendar year). In a separate section, the Update points out that airport noise increases with temperature, humidity and airport use. All of these conditions exist in the "summer months' (heat, humidity and increased traffic). • Can a noise analysis based on only 50% of a year be statistically acceptable° Especially when the months left out are the noisiest ones? • Is not describing 5000 of the year (six months) as just the "summer months" misleading the FAA? 8.) Page 3-11 states that the Update excluded rumya� use' data from April through September 1999 (six months). Instead of dropping these six months (as done with 'noise analysis'), the Cpdate went back two years and picked up `runway use' data from April through September of 1997. Therefore, 50070 of the 1999 `runway use' analysis is based on data that is two _years old from 1997). • Since `runway use' figures into the computer modeling of airport noise, how did i-I]NTB handle 6 months of data two years out of date (1997 versus 1999)'? • If HNTB just imported six months of data from 1997 into 1999 without making any adjustments (as the Update suggests) would this not ignore airport growth (hence additional noise) over the intervening two years? 0 Would this not generate inaccurate, understated noise contour maps? Agenda Page 4 9.) Page 3-5 has a discrepancy in flight operations for 1999. In section 3.2.1 it states there were over 510,000 annual aircraft operations. Then in the third paragraph, it states: "Twelve months of ANOMS data for 1999, including over 450,000 flights, were used to determine...." There are 60,000 flights (12%) missing in the ANOMS data analyzed for 1999. • What do these 6000 flights represent? • Is not the reference to "Twelve months of ANOMS data for 1999" a factually false statement? Wasn't 50% (6 months) of the 'runway use' data from 1997? • When the Update states there were 510,000 annual aircraft operations in 1999, is this the actual total for the year 1999? Or is it the total constructed by using 6 months of air traffic from 1997 and six months of air traffic from 1999? 10.) Page 3-18 of the Update states: "ItilVI only allows the primary headings to be evaluated." This appears to represent an INM modeling limitation in depicting flight paths (which we understand are entered in by your programmers and are not based on the actual flight paths of departing planes). V • What does primary headings' mean in this context? • Is 1NM capable of generating calculations based on a curved flight path? 11.) Page 3-15, in the paragraph describing Figure 3-7, appears to have an error: -iViost aircraft depart to the east, destined for Chicago and other cities on the East Coast. As a result, most of the departure traffic from Runways 12L and 12R maintain an eastbound heading, as modeled by ...Tracks B and C in Figure 3-7." Track C cannot be going east to Chicago as it is going due north to Winnipeg. v • Since this map purports to show departures over the Eagan4vlendota Heights Corridor, is there not an error in this wTite-up as regards Track C? 12.) Page 3-3 of the C%pdate states: "terrain was modeled using 10-toot elevation intenals.' GPS readings show that my home at 889 Bluebill Drive is at an elevation of 938 feet (97 feet above the airport), Monitor r13 is about 100 feet above the airport and Monitor -15 is about 150 feet above the airport (being placed on a hill). Page 3-3 comments: "The terrain in the vicinity of MSP is generally flat." • What does "modeled using 10-foot elevation intervals" mean? • We live in Mendota "Heights". Has your modeling program made allowance for this? Agenda Page 5 i3.) Page 3-15 of the Update states: 'Flight track use is expected to remain constant for 1999, 2000, and 2005." This seems to say that no growth is anticipated from 1999 to 2005 in airport operations. • Is this what the Update is saying? • As referenced earlier, Page 3-5 said MSP had 510,000 annual aircraft operations in 1999. What is included in "aircraft operations'? • Is the MAC saying there will be 510,000 aircraft operations in 2000? And that there will also be 510,000 aircraft operations in 2005? 14.) The Update's Appendix A is really an FAA questionnaire. In Table A-2, Question ILC3, the FAA asks: Was there participation of the general public" prior to and during development of NCP and prior to submittal to FAA?" The FAA requires public participation before the development of the Noise Compatibility Program (NCP), before the publishing of a complete draft document. FAA regulations prevent the public from being presented with a draft NCP that is a fait accompli—an accomplished fact, a thing already done, so that opposition or argument is useless. FAA regulations are designed to prevent the situation from developing where the airport operator (MAC in this case) pours in a lot of time and expense developing a complete draft NCP, becoming wedded' to that draft in the process. Then, when the "general public" becomes involved, changes or criticism are rejected as the draft report has been published. Instinctively, no one at MAC wants to reopen the draft document which they have taken ownership of. We do not believe that we participated "prior to" the development of anything. When hearings began in the Fall of 2000, all the noise contour maps were done and the draft report was wTitten. We attempted to exert an influence through a petition and by submitting two exhibits in the public hearing process which demonstrated the inadequacy of the noise contour maps. But our efforts appear to be futile. • Is not MAC's affirmative answer to the question false' • If not a false answer, prior to November of 2000. when were the citizens of Rogers Lake East (a community in Mendota Heights) invited to participate prior to the development of the NCP? I5.) In Chapter Nine, "Public Involvement", the IvfAC summarizes testimony from Public Meetings nl, �2 and n3. MAC omits in all these summaries any reference to public comment that MAC's noise contour maps are WRONG. Members of our committee were not the only ones at these hearings that stated their objections to MAC's noise contour modeling. Transcripts of the public hearings are replete with criticisms of the noise exposure maps. Yet never once does MAC include this public comment in their hearing summaries. In Chapter Nine, why do MAC's summaries fail to list public comments rejecting the integrity of their noise exposure map modeling? METROPOLITAN AIRPOR'TS COILVIISSION i.� Minneapolis -Saint Paul International Airport 5q60-t0 - 23th venue South • Minneapolis. NIN 55450-2799 Phone(612)—126-8100 r + F September 27, 2001 Cari Lindberg, Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118-4106 = RE: 2002-2008 CAPITAL IMPROVEMENTS PROGRAM METROPOLITAN AIRPORTS COMMISSION Dear Ms. Lindberg: As previously communicated to you in my September 20, 2001 letter, discussions have been in process to reassess the 2002 Capital Improvements Program. Attached you will find the latest information regarding proposed program revisions. This will be a discussion item at the October 2, 2001 Planning and Environment meeting as indicated on the attached agenda for the meeting. Sincerely, Robert J. Vorpahl Program Development Engineer RJV/lrk Attachments c: Nigel Finney, MAC Denny Probst, MAC Gary Warren, MAC I .�:\ir -. .\I!:t-�:t.-\\O�\COL\Tl%IiL\�F-•CI:1tiT.-\rr•FIII�C: CIOt:D•t>IE FI.\10 .5�1\T I':\�L D��.`:\TCI�`:� MEMORANDUM TO: FROM: SUBJECT: DATE: Planning and Environment Ccmmittee ITEM 12 Nigel D. Finney, Deputy Executive Director— Planning and Environment (612-726-8187) 2002 CAPITAL IMPROVEMENT PROGRAM REVISIONS . . September 26, 2001 In the wake of the events of September 11, 2001, and its impact on the airlines and air transportation, staff has carried out an evaluation of the 2002 Capital Improvement Program to determine which projects could be deferred to a later date. This review is based on the facts that aircraft and passenger activity will be significantly lower in 2002 than previously expected with consequences for MAC of significantly reduced revenues (parking, concessions, auto rental, etc.) and an airline industry that is unable to absorb substantial additional costs for either airfield or terminal improvements. In addition, it is advisable to reduce or eliminate the need to sell bonds in 2002 given the current state of the industry. The following provides examples of impacts to MAC resulting from current conditions: 1. Parking revenues have decreased approximately 60-70%. 2. News and Gifts/Food and Beverage are estimated at a 30-40% reduction in revenue for the 41h quarter. 3. Preliminary revenues for auto rental indicate a decrease of 30% in the 4� quarter. 4. Restricted (reduced activity at the reliever airports is expected to result in reduced revenue of $200,000 - $400,000. 5. Overall revenue at year-end is projected to be down $10-12 million. 6. PFC's will be reduced this year by $10-12 million based on fewer passengers. The CIP as presented to the Commission in September, 2001 for environmental and community review contemplated expenditures for 2002 of approximately $371 million spread over a variety of projects at MSP and the reliever airports. The staff review has focussed on funding sources for these projects, with particular attention to those projects proposed to be funded from the 2000/2001 GARB issues, and projects without a defined revenue source. The results of this review indicate that projects approximating $295 million, leaving a Capital Improvement Program of approximately $76 million, should be deferred. In addition, a number of projects that were to have been carried out in 2001 are also recommended for deferral. The proposed changes are shown on the attached spreadsheet. It is not the intent of staff to recommend elimination of these projects from the Capital f the Improvement Program at this time, but to defer their implementation until a bet er sense o timing and extent of industry recovery is available. It is anticipated that the projects would be further reviewed during the process for preparation of the 2003 Capital Improvement Program, however if the industry recovery is more rapid that expected and revenues recover more quickly, staff would review individual projects for earlier implementation. 11 o, O �I 0 N Z �j� a O GO � K U � � z ` w0 Cl ELww OC U K 0 c U ° Q < c � E r m FL — E E _ c > C O O 000a 0000 O O O �e w 0 0 0 0 C 0 0 0 p p oap O O O O aaao 0 0 0 0 o ' o _ o w w n w O O O 0 0 O 00 0Cl 0 0 O 0 O o p o o o 0 0 o o h I w w w w w w cNi to 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 C p p0 O O O O o 0 0 O O 0 0 0 0 0 C eA trci� o O �, O w O - u to O y3 O w w l - U I 0 c c E K ¢ t a 9 m m -o c o '° c y m a y�No�ERNE w w z a n - o u a, U m '° s > a 0 > E E E o n o— — o w Q =� n r N G U u E c c G ¢¢ G G c G m F= c c c o s E E E E E _ ____ Z O c C G J � � *PLEASE NOTE NEW MEETING LOCATION** PLANNING AND ENVIRONMENT COMMITTEE Roger Hale, Chair Alton Gasper, Vice Chair William Erhart Coral Houle Dick Long Bert McKasy Paul Weske METROPOLITAN AIRPORTS COMMISSION NOTICE OF REGULAR MEETING PLANNING AND ENVIRONMENT COMMITTEE Tuesday, October 2, 2009 _ _ 1:00 p.m. MAC General Offices 6040 28N Avenue South Minneapolis, MN AGENDA CONSENT FINAL PAYMENTS —MAC CONTRACTS a. Green Concourse Expansion — Phase 1 General (Dennis Kowalke, Landside Project Manager) b. Lindbergh Terminal Hazardous Material Abatement — Air Handler (Todd Oetjens, Facilities Architect) C. Parking Expansion: Snowmelt System (Dennis Kowalke, Landside Project Manager) d. Parking Expansion: RAC Exit Ramp (Dennis Kowalke, Landside Project Manager) e. Part 150 Sound Insulation Program: Ventilation Fans 2000 (John Nelson, Part 150 Program Manager) f. Runway 17-35 West Cargo Apron (Allen Dye, Airside Project Manager) g. 66t' Street Trunk Highway 77 Interchange Demolition — Phase II (Allen Dye, Airside Project) h. Miscellaneous Airfield Electrical Modifications — St. Paul Downtown Airport (Bridget Rief, Airside Project Manager) i. Part 150 Sound Insulation Program (John Nelson, Manager - Part 150 Program) 2. SEMI-FINAL PAYMENTS —MAC CONTRACTS a. Lindbergh Terminal Concourse Renaming Project (Todd Oetjens, Facilities Architect) b. Parking Expansion — Revenue Control System (Dennis Kowalke, Landside Project Manager) C. Longfellow Avenue (Allen Dye, Airside Project Manager) �IETROP�LITAN AiRPOi2TS CO�'EtiIISSit� - lYlinneapolis-Saint Paul International Airport r r '-+� 60�0 - 28th .4cznue South • �linneapulis, �I\ ii-li0-'_79) Phanz(6121736-SI00 - August 29, 2001 Cari Lindberg, Administrator -- City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118-4106 Dear Ms. Lindberg: Each year the Metropolitan Airports Commission (MAC) compiles its seven-year Capital Improvement Program (CIP) which outlines construction -projects ;,proposed. for .the _ Commission's system of seven airports. The projects shown in year one represent projects that have been reasonably defined for implementation in the upcoming calendar year. Staff will have authority to develop final plans and specifications and advertise for bids for these projects. Projects in year two have been identified as a need or potential need but require further study in order to properly determine the scope, feasibility or cost of the project. Staff will have authority to develop plans and specifications for these projects to refine the projects for inclusion in next year's program. Projects in year three will be studied and preliminary plans and specifications prepared. The last five years of the program include projects that staff deems likely to be needed during this period. This portion of the program assists in financial planning and meets the requirements of the Metropolitan Council's investment framework. In 1998, new legislation was passed (MS 473.621, Subd. 6 as amended) concerning local review of the CIP. The legislation requires the MAC to complete a process to provide "affected municipalities" surrounding the airport the opportunity for discussion and public participation in the MAC's CIP process. An "affected municipality" is a municipality that is either adjacent to a MAC airport, is within the noise zone of a MAC airport as defined in the Metropolitan Development Guide, or has notified the MAC that it considers itself an "affected municipality." Your community has been identified as an "affected municipality" by Metropolitan Council staff based upon the criteria as defined in the statute. The legislation requires that the MAC provide adequate and timely notice including a description of the projects in the CIP to each affected municipality. The notices must include agendas and meeting minutes at which the proposed CIP was to be discussed or voted on in order to provide the municipalities the opportunity to solicit public comment and participate in the development of the CIP on an ongoing basis. Comments received from the affected municipalities will be reviewed and a response developed. As has been done since 1999, the MAC has developed a schedule that will allow the affected municipalities the opportunity to participate in the CIP process. The implementation schedule for the 2002 CIP is attached for your information. The shaded items represent actions/dates that pertain to the CIP. You will receive mailings regarding the CIP review and approval �'", ,: c>Con.......... ..... e.i;km.,.n�..�„, ,.,,.,.,,_..�.�.T��,ai_-�_•a;�sr,•ri.u�ca.o�u•r.,��Fei.�io.�,�i�Tr_�.��t_eo:�:�ro�c� PLANNING AND ENVIRONMENT COMMITTEE Roger Hale, Chair Alton Gasper, Vice Chair William Erhart Coral Houle Dick Long Bert McKasy Paul Weske METROPOLITAN AIRPORTS COMMISSION NOTICE OF REGULAR MEETING PLANNING AND ENVIRONMENT COMMITTEE" Tuesday, September 4, 2001 1:00 p.m. Room 3040, Mezzanine Level Lindbergh Terminal, Wold-Chamberlain Field AGENDA CONSENT 1. FINAL PAYMENTS — MAC CONTRACTS a. EMC Boiler/Insulation Removal (Dennis Kowalke, Landside Project Manager) b. Parking Expansion: ADA Tunnel/D Street Bridge (Dennis Kowalke, Landside ProjectManager C. Green/Gold Parking Ramp Security Cameras, CFA (Dennis Kowalke, Landside Project Manager) d. Ramsey Middle School — Noise Abatement (Robert J. Vorpahl, Program Development Engineer) e. 2000 Part 150 Sound Insulation Program (John Nelson, Manager - Part 150 Program) 2. SEMI-FINAL PAYMENTS —MAC CONTRACTS a. MAC Data Transport System (Todd Oetjens, Facilities Architect) b. New HHH Terminal (BP#2) Concrete Structure (Myrene Biernat, Facilities Architect) C. New HHH Terminal (BP#3) Building Shell, Systems, & Public Space Build -Out — Mechanical (Myrene Biernat, Facilities Architect) d. New HHH Terminal (BP#4) — Exterior Building Components, Interior Build -Out and Systems (Myrene Biernat, Facilities Architect) e. MSP Airport Mail Center: Mechanical Construction (Robert J. Vorpahl, Program Development Engineer) f. House of Prayer Preschool — Noise Abatement (Robert J. Vorpahl, Program Development Engineer) DISCUSSION 15. PROJECT BUDGET ADJUSTMENTS Gary G. Warren, Director — Airside Development Dennis Probst, Director — Landside Development 16, PRELIMINARY 2002-2008 CAPITAL IMPROVEMENT PROGRAM Nigel D. Finney, Deputy Executive Director — Planning and Environment 2. Capital Improvement Program - These are projects that have been identified as a need or potential need but require further study in order to properly determine the scope, feasibility, or costs of the project. Staff will request authority to develop plans and specifications for these projects to refine the projects for inclusion in next years program. 3. Capital Improvement Plan - This encompasses the last five years of the total program and consists of projects that staff deems likely to be needed during the period. This portion of the program assists in financial planning and meets the requirements of the Metropolitan Council's Investment Framework. Staff will be requesting authority to study and prepare preliminary plans and specifications for the projects. Also included with this memo (Attachment 2) are the following • Listing of projects (with associated cost estimates) in the major program categories in the 2010 Plana This is a change in the format used in previous years. Cost totals for each category. • Project narratives for years 2002 and 2003. It is necessary for the Commission to adopt the preliminary CIP=for purposes of initiating the environmental review and to allow sufficient time for the "affected municipalities" to review the CIP. The attached project listing is overly -inclusive to ensure that all potential projects are subject to the environmental process. Staff will continue to review the 2002-2003 projects to develop a more concise list to recommend for implementation. COMMITTEE ACTION_REQUESTED RECOMMEND TO THE FULL COMMISSION ACCEPTANCE OF THE ATTACHED PRELIMINARY 2002-2008 CAPITAL IMPROVEMENT PROGRAM FOR PURPOSES OF ENVIRONMENTAL REVIEW. FURTHER, THAT STAFF BE AUTHORIZED TO PROCEED WITH THE ENVIRONMENTAL REVIEW PROCESS AND THAT THE PLANNING AND ENVIRONMENT COMMITTEE BE DESIGNATED HEARING OFFICERS FOR THE PUBLIC HEARING TO BE HELD AT THE NOVEMBER PLANNING AND ENVIRONMENT COMMITTEE MEETING. NOTE: All dates are tentafive and subject to change Shaded Items represent actions/dates which pertain to the Affected Municipalities as defined in Minnesota Statutes 473.621.Subd. 6 as amended Io; :9 �I 3 I W o 0 o S w o 0 0 w O Q h h a > o a J O QQ Op O O O O U C do N N N N O N_ _ C6 O O O O O OI 0 C 00 o - o 0 0 0 0 o _ h o 0 0 0 0 0 0 0 0 0 0 0 0 w2 o " 0 0 ¢ 2 o 0 0 0CT o 0 0 o o o E= j C7 o N m(6 V7 C5 - 0 0 N to CD c ri n USG w n a da ~ 0 0 0 0 0 0 0 0 0 o Z o C S2U - 00 0 0 00 W _ uoi o o_ o - - 06 U� d o wtri sv z a O z J m rn rn cozz� E E o 0 - m o o o c E � o a a o E E o Q o m___ m_ ax c c m a` E a` H i W o y 7yj n> c oo = cE mm>i6 o °o c U m - --c 0 ` o o m mWo -- Nm m- mEcE- LccE 4 o uc c c c c E m m m E m 0 " ` m 7;aGUmm 3 Uc Ulo y a0mvH o a>w o N!- E - J .o K F to .o C Cm' N'inl z ~ tq 'C < a aiN; a a cn' W ZIN U U�tn, J U i (� \ \� 2 ƒ \ / m<00 C) --- =G\\ <00 ) ! \\ ■■ � \ „ \E Capital Improvement Projects (CIP) 2002 2010 PROGRAM PROJECTS ear Runway Deicing/Holding Pad Program 12R Deicing/Holding Pad $1870001000 This project will construct the airports deicing/holding pad on Runway 12R to allow for the efficient deicing of aircraft and collection of glycol as well as for the holding of aircraft for operational reasons. This project will also include the construction of Taxiway B between the deicing pad and Exit Taxiway B10. 12R Deicing/Holding Pad - Buildings Demolition $1,2503000 This project will provide the demolition of the Navy hangar, office and motor pool and the MAC Paint, Electric and Carpenters shops to provide the area needed to construct Taxiway Band the Runway 12R deicing/holding pad. I' Runway 17/35 Program 24th Avenue Bridge $3,200,000 This project will provide for the construction of a bridge on 24th Avenue which will allow the frontage road traffic to pass beneath and keep the traffic on 24th Avenue free flowing. 66th Street Interchange - Phase 2 1$4,1003000 This project provides for the construction of the final phase of the 66th Street interchange and includes the ramps on the west side of Cedar Avenue. 77th Street/24th Avenue Interchangell-494 Frontage Road $11,600,000 This project will provide for the construction of the 77th Street/24th Avenue interchange and roadway system and the frontage road along 1-494 from 77th Street to the east Buildings Demolition $81123p500 This project provides for the demolition of the Freight Forwarders facilities, the MAC glycol facilities, Federal Express, UPS and Bax Global. Infield Fueling Facilities $42600,000 This project provides for fueling facilities within the midfield development for aircraft fueling. Lease Extinguishment $22300,000 In addition to the acquisition of property for the construction of Runway 17/35 and the Runway Protection Zone (RPZ), there will be a requirement to buy out existing leases of some of the properties to be acquired. MAC Equipment and Materials Storage Building $6,885,000 This project will provide for the construction of a facility which will serve as both an equipment storage faciliy and a storaage facility for sand, salt, and other deicing agents to used on Runway 17/35 and the adjacent service roads. MAC Glycol Facilities $43200,000 This project provides for the construction of the pond system used to store the glycol impacted storm water collected during the deicing season from the storm sewers on the ramp areas. MAC South Fueling Facility $5643000 To provide fuel to all the equipment operaring on and adjacent to Runway 17/35, this project will construct a new fueling facility on the airport service road near the MAC equipment/materials storage facility. Printed 08/28/2001 5:06:15 Pitt Page 1 Residential Sound Insulation (Inside 1996 65 DNLI $311500,000 An ongoing program to insulate residential houses within the certified 1996 DNL 65 noise contour. Residential Sound Insulation Multi-familv(Inside 1996 65 DNL) $5,000,000 This project provides for insulation of multi -family dwellings within the certified 1996 DNL 65 noise contour. School Noise Abatement Proiects $27000,000 This project will provide for noise insulation to Visitation School in Minneapolis. Airfield Rehabilitation Program Airside Bituminous Construction $500,000 An ongoing program to construct or reconstruct bituminous pavements within the Air Operations Area. Inspection of the overlays on Runways 12R/30L, 12U30R, Taxiway C and the tunnel service road will be made in the spring of 2002 to determine whether or not a bituminous repair project is required. Pavement Rehabilitation - Aprons $510007000 An ongoing program to replace sections of concrete pavement in the aircraft operational areas that have deteriorated to a point where maintenance is no longer a viable option. This years project will include the reconstruction of the apron adjacent to Concourse D, Gates D1 and D2, Concourse E, Gates Eland E4, and Concourse C, Gates C10 and C11. Environmental Remediation Program NPDES Discharge Project $3,000,000 This project provides for the construction of a pumping station and piping to allow for the flow to the Phase 3 pond located adjacent to Highway 5 to be bypassed to the MCES system during summer months for treatment. Green Concourse Extension Program Concourse C Apron Expansion $3,300,000 This project includes the final of four phases of the apron construction associated with the expansion of Concourse C and provides for the construction of the concrete pavement in the area of the Post Office. Concourse C Concessions $1,5003000 This project will provide for the development of concessions in Phase 2 of the Concourse C project. Lindbergh Terminal Rehab &Development Program International Arrivals Facility $500,000 This project provides for the replacement of the carpeting throughout the public areas of the International Arrivals Facility. Lindbergh Terminal North Addition Concessions $4,100,000 This project will provide for the development of the concessions in the North Terminal addition. Printed 08/28/2001 5:06:15 PM Page 3 Terminal Mechanical Modifications $3007000 An ongoing program to address mechanical issues in the Terminal Facilities requiring attention due to age and deterioration of existing systems or modifications necessary for improved reliability. This year's project includes replacement of non -compliant steam pressure relief valves, replacement of a steam pressure reducing station and providing communications from the Hub Building water heater to the Plumbing Control System. Terminal Miscellaneous Modifications $11550,000 An ongoing program to update and remodel areas within the Terminal Facilities to keep abreast with changing requirements, This may be a series of individual projects to meet the requirements of the various tenants or may be consolidated into a single project when possible. This work is typically done by purchase order as the projects are small in scope and cost There will be some larger projects, however, including the expansion of the Landside Operations Office, the construction of common curbside check -in stations, modifications to the Police Department space, installation of a security breach notification system and the construction of a special needs passenger assistance area. WesTerminal Area Rehabilitation " $100,D00 t An ongoing program to modify or remodel areas within the West Terminal Complex to meet the needs of the various tenants/general publiclMAC departments utilizing the facilities. This year's project will provide for tuck pointing repairs to the building exterior. Reliever Airport Program Airlake Maintenance Office Repair/Reconstruction $3003000 This project provides for the repair/reconstruction of the walls of the maintenance office which are deteriorating due to moisture. The moisture is being transmitted from the ground via the concrete footing and is causing the concrete block wall structure to deteriorate and mold to grow on the interior walls. South Building Area Development $2,100,000 This project is the second phase in the program to develop anew South Building Area and partial parallel taxiway. This year's project will provide for the installation of the pavements and taxiway lighting system. Anoka Building Area Annex -West $1,000,000 This project will provide for the construction of the West Bung Area including sanitary sewer and water main, accomodation of storm water drainage and all required wetland mitigation. Building Area Development East (Roadway Relocation) $1,3001000 This project provides for the relocation of Xylite/95th streets as the first phase in the construction of the East Building Area. Construction of a berm and wetland mitigation are also included. Runway 9127 ExtensionlWidening $6,500,000 This project will provide for the widening and extension to 5000 feet of Runway 9/27 including all required wetland mitigation. Runway 9/27 MALSR/ILS $2,600,000 This project provides for the installation of the ILS and MALSR systems for the new 5000 foot runway ncluding all required wetland mitigation. Runway 9/27 Parallel Taxiwaw/Extension $1,0003000 This project provides for the extension of the parallel taxiway to Runway 9/27 to match the extension of the runway. Crystal Runway 6tJ24R Reconstruction $$50,000 This project provides for the reconstruction of Runway 6U24R. Printed 08128/2001 5:06:16 PM Page 5 Reliever Airports Utility Extension Program Airlake Plane Wash & Restroom Facilities $150,000 This project will provide for the construction of a plane wash and public restroom facilities. Sanitary Sewer/Watermain Install.-N. Building Area $21000,000 Airlake Airport is located on the south edge of the developed area of Lakeville. A study has been completed evaluating alternatives for extending public utilities consisting of sanitary sewer and water main to the Northeast and Southwest Building areas. This year's project will extend these utilities to the Northeast Building Area. Anoka Sanitary Sewer and Waterrnain Extensions $200,000 This project will provide for miscellaneous sanitary sewer and water main lateral installations. Crystal Sanitary Sewer and Watermain Extensions $200,000 This project provides for miscellaneous sanitary sewer and water main lateral installations. Flying Cloud Sanitary Sewer and Watermain Extensions $4,500,000 Flying Cloud Airport is on the fringe of the developed area of Eden Prairie. Studies have therefore evaluated alternatives for extending municipal utilities consisting of sanitary sewer and watermain to the airport With the adoption of the Sewer and Water Installation Policy for the Reliver Airports, negotiations are continuing so as to reach final agreement on the altemative to be implemented. If agreement can be reached_ in 2001, the project will commence in 2002. Miscellaneous Field 8 Miscellaneous Construction $400,OD0 An ongoing program to consolidate various incidental items beyond Lite capabilities of the maintenance personnel, projects too small to be accomplished independently, or to handle airside problems requiring repair which come up unexpectedly. Miscellaneous Landside Fire/Rescue Station Replacement Facility $14,50D,000 This project will provide the construction of a new fire/rescue facility on 34th Avenue north of the Humphrey Terminal. MAC Cargo Buildings - Air Freight Facility $4,0001000 In conjunction with the construction of Runway17/35, new building areas will be developed. The MAC will construct two cargo buildings which will be leased out to airport tenants. This project will provide for the construction of an air freight facility including all required aircraft apron and auto/truck parking areas to accommodate non -anchor carrier cargo activity as well as for cargo operators who operate to and from MSP on an infrequent basis.. Printed 08/28/2001 5:06:16 PYt Page 7 Capital Improvement Projects (CIP) 2002 2010 PROGRAM PROJECTS r Runway DeicinglHolding Pad Program 12R Deicing/Holding Pad - Taxiwgy B Construction $1,900,000 This project provides for the construction of Taxiway B between Runway 4/22 and Taxiway M. Also included in this project is the removal of Taxiway T between Runway 4122 and Taxiway M and the construction of taxiway fillets east of Runway 4122, Runway 17135 Program Buildings Demolition $11,200,000 This project will provide for the demolition of the Metro Office Park, the Sun Country Hangar, the Mesaba Hangar, the Amoco gas station, the Super America gas station, the Double Tree, the Sheraton, the Excel Inn and other miscellaneous structures within the Runway Protection Zone. Lease Extinguishment $3,800,000 n addition to the acquisition of property for the construction of Runway 17/35 and the Runway Protection Zone (RPZ), there will be a requirement to buy out existing leases of some of the properties to be acquired. Other General Construction $4043000 This project category is for miscellaneous construction related activities. Runway 17 Deicing Pad Construction $20,00%000 This project will provide the paving of the deicing/holding pad for Runway 17. Runway 17135 Construction -South End $1570002000 This project provides for the site preparartion and paving of the runway and taxiway system south of the Runway 4/22 intersection. Runway 4/22 Tunnel $49,000,000 . This project provides for the construction of the vehicle tunnel under Runway 4/22 which will provide access to the midfield development area. This project also includes the construction of service road adjacent to the Taxiway D and W intersection. Snowmelters $1,600,000 This project will provide for the installation of additional snow melters within the Runway 17135 development. Tunnel Site Construction $23600,000 This project provides for the utility construction, pavement removal and replacement of Runway 4122 and Taxiways C, D and M along the alignment of the Runway 4/22 tunnel. Runway 4122 Development Program Buildings Demolition -Bureau of Mines $400,000 As part of the purchase of the Bureau of Mines property, The MAC agreed to demolish the buildings n site to return the property to a more natural condition. This project will be the final phase in the demolition process. Printed 08/28/2001 5:06:17 PM Page 9 International Arrivals Facility $1,500,000 The success of the International Arrivals Facility (IAF) has prompted the Federal Government to add additional staff to the IAF facility on the Gold Concourse. There is therefore a need for additional office space and facility expansion to house the staff. In addition, it is proposed to modify the secondary inspections area by installing new Agriculture and Customs inspection counters and modifying the passenger pick up area located on the baggage claim level by adding additional seating and signage. The success of the IAF facility has also prompted a request for a study of how to expand the capacity of the entire facility to handle additional 747 aircraft simultaneously. Lindbergh Terminal Bag Make-up Area Addition $21000,000 The bag make-up area in the Lindbergh Terminal is very congested. The addition of gates on Concourse C will put additional pressure on these facilities. A study will be completed and a project to increase the bag make-up space will commence in 2002. Lindbergh Terminal Loading Dock Relocation I r $1,000,000 The existing loading dock behind the terminal is congested and is becoming a focus of FAA from a security stand point. This project will relocate and expand the loading dock to a location outside of security. West Mezzanine Finishes $110001000 The new concession storefronts in the Lindbergh Terminal waifing area extend 15 feet beyond the line of the existing West Mezzanine. A floor structure has been constructed over the extension with the concessions project completed in 1998. This project will expand the West Mezzanine to provide additional area for expanded office space. Landside Rehabilitation &Repair Building Exterior Rehabilitation_ $1,000,000 This is a continuation of the program to rehabilitate the exterior of the Lindbergh Terminal and other MAC buildings including roofing and curtain wall systems. Projects will be evaluated in 2002 and will be presented for approval when the CIP is updated for the 2003 construction season. Landside Bituminous Construction $4002000 An ongoing program to reconstruct the airports bituminous roadways and parking lots. A specific project or projects have not been identified at this time. Bituminous pavements will be evaluated in the spring of 2003 to determine whether a bituminous repair project is required. Lindbergh Terminal Interior Rehabilitation $21500,000 An ongoing program to renovate the interior of the Lindbergh Terminal. This project will include the installation of a second two-story escalator from the Ground Transportation Center (GTC) to the ticketing level of the Lindbergh Terminal. Parking Structure Rehabilitation $500,000 An ongoing program to maintain the integrity of the multi -level parking structures. Projects include concrete repair, joint sealant replacement, expansion joint repairs, and concrete sealing. Terminal Air Handling Units Replacement $5007000 A 1997 study of the existing mechanical equipment in the Lindbergh recommended that mechanical units that were installed in 1960 be replaced. Some of the units were replaced in conjunction with the development/revision of the concessions area. This program will be continued with the replacement of additional units throughout the Terminal Complex. Terminal Complex Sprinkler System Modifications $100,000 An ongoing program to address areas in the terminals which are not currently sprinklered. This item is programmed to allow for further analysis of areas, which, if sprinkled, would allow for insurance premium reductions. It will also allow for extension of sprinkled areas should space utilization changes occur. Printed OS/28/2001 5:06:18 PM Page 11 Sayfieid Street Rehabilitation $200,000 This project provides for the rehabilitation of Bayfield street from the MAC Administration Building to Mercury Avenue including subgrade and pavement replacement. MAC Building Modifications $100,000 An ongoing program to provide for facility modifications to ensure continued efficient operation of buildings or modifications necessary to meet the requirements of the various tenants. Miscellaneous Field & Runway Miscellaneous Construction $400,000 An ongoing program to consolidate various incidental items beyond the capabilities of the maintenance personnel, projects too small to be accomplished independently, or to handle airside problems requiring repair which come up unexpectedly. New Projects Program Cat wilia System Installations $9,000,000 This is a continuation of the program to install new ILS systems on Runways 12L, 12R, and 35, This project will provide for the instailtion of ILS systems on Runways 12L and 35. New Air Traffic Control Tower $1,000,000 This is a continuation of the program to construct a new Air Traffic Control Tower. RAC Service Site Relocation $5,0003000 This project will provide for the relocation of the RAC service sites to a common location near the MTC bus garage on the south side of the airport Printed 08/28/2001 5:06:18 Pbt Page 13 Commission Meeting — September 17, 2001 Page Two Management and Operations Committee B1 Request Approval for Purchase of Transit Bus from Gillig Corporation B2 Request Approval to Retain Abandoned Property 63 Temporary APCOA Contract Extension 64 Authorization to Issue an RFQ for a Public Relations Continuing Consultant B5 Request to Bid for Telephone Equipment and Services B6 Request for Authorization to Negotiate New "F" Concourse Infill Retail Agreements B7 MN State Lottery Sales Lease Renewals a) Lottery Booth Agreement with MN State Lottery b) Non -Profit Organization Lottery Booth Lease with Minnesota Public Airport Foundation B8 Airport Emergency Plan Exercise at MSP ll. D/SCUSS/ON ITEMS Finance Committee C1 Reports a) Monthly Operating Results b) Summary of Investment Portfolio c) Summary of Air Carriers Passenger Facility Charges C2 2001 Budget Adjustments C3 Resolution No.1938 — Ratification of Terms of Sale of MAC General Obligation Revenue Refunding Bonds, Series 14 III. NEINBUSINESS 1) Oath of Office —MAC Police Officers IV. OLD BUSINESS V. ANNOUNCEMENTSICOMMISSIONERCOMMENTS (Information Only - No Action Required) VI. PUBLIC APPEARANCES Planning and Environment Committee September 4, 2001 Page 22 requires that the Commission provide adequate and timely notice including a description of the projects in the CIP to each affected municipality. The notices must include agendas and meeting minutes at which the proposed CIP is to be discussed or voted on in order to provide the municipalities the opportunity to solicit public comment and participate in the development of the CIP on an ongoing basis. Comments received from the affected municipalities will be reviewed and a response developed. Staff has therefore developed a schedule that outlines the dateslactions required for the development of the CIP, the environmental review, process and ,the local review by "affected municipalities" process: Mr. Finney reviewed the implementation schedule for the 2002-2008 CIP. The proposed 7-year Capital, Improvement Program (CIP) relating to construction projects on the Commission's Airport System consists of the following elements: 1. Capital Improvement Projects These are projects that have been reasonably defined for implementation in the upcoming, calendar year`(in this case 2002), Staff will request authority to develop final, plans and specifications and advertise for bids for these projects. 2. Capital. Improvement Program -These are projects that have been identified as a need or potential need but require further study in order to properly determine the scope, feasibility, or costs of the project. Staff will request authority to develop Plans and specifications for these projects to refine the projects for inclusion in next year's program. Capital Improvement Plan This encompasses the last five years of the total program and consists of projects that staff deems likely to be needed during the period. This portion of the program assists in financial planning and meets the requirements of the Metropolitan Council's Investment Framework. Staff will be requesting authority to study and prepare preliminary plans and specifications for the projects. The Committee package also contained the following: • Listing of projects (with associated cost estimates) in the major program categories in the 2010 Plan. This is a change in the format used in previous years. • Cost totals for each category. • Project narratives for years 2002 and 2003. It is necessary for the Commission to adopt the preliminary CIP for purposes of initiating the environmental review and to allow sufficient time for the "affected municipalities" to review the CIP. The project listing is overly -inclusive to ensure that all potential projects are subject to the environmental process. Staff will continue to review the 2002-2003 projects to develop a more concise list to recommend for implementation. METROPOLITAN AIRPORTS COMMISSION Y S41' _s a Y September 11, 2001 Minneapolis -Saint Paul International Airport 6040 - 28th Avenue South • Minneapolis. IVIN n54i0-2799 Phone(612; 726-8100 Cari Lindberg, Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118-4106 RE: 2002-2008 CAPITAL IMPROVEMENT PROGRAM METROPOLITAN AIRPORTS COMMISSION Dear Ms. Lindberg: Enclosed you will find a copy of the minutes of the September meeting of the Planning and Environment Committee which summarizes the action of the Committee regarding the MAC's preliminary 2002-2008 Capital Improvement Program as well as the agenda for the September Commission meeting. Also included is a revised copy of the 2002 Capital Improvement Program Implementation Schedule as some of the months shown in the left column were in error on the previous copy sent to you. Since ely Robert J. Vorpahl, P.E. Program Development Engineer RJV/Irk Enclosures cc: Nigel Finney, MAC Dennis Probst, MAC GaryWarren, MAC The ]I. hopali tnn :\irpor;; Q,m misiun is an a(iirma[icc ac;io,•. m,ploay. ,, ,,,,.mspai rper:.cum R:Iir�i•r .>irE„r.:: :\IP.L.�I:E • :\\Ui::\ COIL'\TV'l8LA1\E • Ct:YST:\L • FLl'I\G CLOL'U Lal'E EL�IO • 5.-\I\T I':\l L U� \Y\T����\ 09/05/2001 13:00 MEMORANDUM TO: Interested Parties of the Commission N0.674 /,x9eld Mcvopolits , Airports Commission FROM: Mark Ryan, Airport Planner (612) 72"129 4W SUBJECT, Reconvening of the WCF Joint Airport Zoning Board DATE: August 31, 2001 The Metropolitan Airports Commission ("Commission") announces the reconvening of the Wold- Chamberiain Field Joint Airport Zoning Board ("Board"). The creation of the Board was mandated 159 Minnesota' a u es' §360,063; sutid_ 3(e), wfiich requires tfi6-C6' uss�on to establisfi a joint zoning board for each airport under its authority. The Board is comprised of representatives from the Commission and the cities of Bloomington, Eagan, Mendota, Mendota Heights, Minneapolis, Richfield, St. Paul and Hennepin County, In 1984, the Board adopted the Minneapolis-SL Pau! lntemational Airport (Wold Chamberlain Field) Zoning Ordinance, The Ordinance established: (1) height restrictions proximate. to the Minneapolis -St. Paul International Airport as required by Federal and State law to protect aircraft operations; (2) land use safety zoning for the Runway Protection. Zones for the then existing runways as required by Federal and State law: (3) land use safety zoning for other zones related to the then existing runways as required by State law; and (4)eadministration and enforcement mechanisms to implement the height and land use controls. A new runway (Runway 17-35) is now under construction at the Airport. Height and land use controls need to be enacted for Runway 17=36, consistent with the provisions of the Ordinance. Additional amendments may be needed to address changes at the Airport over the period since the last meeting of the Board. The Board will reconvene on Thursday September 13, 2001 from d:00 p.m. to 5:30 p.m. in the t indbargh Room of the Commission's General Offices located at 6040 — 2K Avenue South Minneapolis, MN 55460. At this rrieeting, tthe 6oardis expected to discuss organizational and procedural matters, as well as a future mesting(s). For further information regarding this notice, please contact Mark Ryan, Airport Planner for the MAC at 612-726-6129, **PLEASE NOTE NEW MEETING LOCATION** PLANNING AND ENVIRONMENT COMMITTEE Roger Hale, Chair Alton Gasper, Vice Chair William Erhart Coral Houle Dick Long Bert McKasy Paul Weske METROPOLITAN AIRPORTS COMMISSION NOTICE OF REGULAR MEETING PLANNING AND ENVIRONMENT COMMITTEE Tuesday; October 2, 2001 _. 1:00 p.m. MAC General Offices 6640 28" Avenue South _ Minneapolis, MN _ AGENDA Ile CONSENT &ele e I_ ., 1, FINAL PAYMENTS —MAC CONTRACTS a. Green Concourse Expansion — Phase 1 General (Dennis Kowalke, Landside Project Manager) b, Lindbergh Terminal Hazardous Material Abatement — Air Handler (Todd Oetjens, Facilities Architect) C. Parking Expansion: Snowmelt System (Dennis Kowalke, Landside Project Manager) d. Parking Expansion: RAC Exit Ramp (Dennis Kowalke, Landside Project Manager) e. Part 150 Sound Insulation Program: Ventilation Fans 2000 (John Nelson, Part 150 Program Manager) f. Runway 17-35 West Cargo Apron (Allen Dye, Airside Project Manager) g. 661h Street Trunk Highway 77 Interchange Demolition — Phase 11 (Allen Dye, Airside Project) h. Miscellaneous Airfield Electrical Modifications — St. Paul Downtown Airport (Bridget Rief, Airside Project Manager) i. Part 150 Sound Insulation Program (John Nelson, Manager- Part 150 Program) 2. SEMI-FINAL PAYMENTS —MAC CONTRACTS a. Lindbergh Terminal Concourse Renaming Project (Todd Oetjens, Facilities Architect) b. Parking Expansion — Revenue Control System (Dennis Kowalke, Landside Project Manager) c. Longfellow Avenue (Allen Dye, Airside Project Manager) AGENDA REGULAR MEETING EAGAN AIRPORT RELATIONS COMMISSION EAGAN, MINNESOTA EAGAN CITY COUNCIL CHAMBERS TUESDAY, SEPTEMBER 11, 2001 7:00 P.M. I. ROLL CALL AND ADOPTION OF AGENDA IL APPROVAL OF MINUTES III. VISITORS TO BE HEARD IV. OLD BUSINESS A. Noise Attorney V. STAFF REPORT A. Part 150 Update Be Joint Airport Zoning Board co RMT Installation Progress D. MASAC Update VI. FUTURE MEETING AND AGENDA A. Next ARC Meeting — 7:00 p.m. Tuesday, September 11, 2001 VII. ADJOURNMENT Auxiliary aids forpersons with disabilities will beprovided upon advance nonce of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Airport Noise Report A weekly update on litigation, Volume 13, Number 28 BWIInf'1 and technological developments STATE LAW PROVIDES LIP IN RESTITUTION FOR EACH TAKEOFF OR LANDING AT BWI Unique and unprecedented legislation signed into law in Maryland recently will provide S 1 for every aircraft takeoff or landing at Baltimore -Washington International Airport to communities near the airport as restitution for noise, pollution, and congested highways caused by airport operations. As airport operations grow, so does the funding pot, which has been approved at an initial level of S316,702, based on the total number of operations that occurred at BWI last year. '-- But the amount of"restitution" funding available to communities could significantly increase in the future because BWI is one of the fastest growing airports in the country, It is undergoing a five-year, $1.8 billion expansion program that will add 16 gates, triple parking, and widen access roads. Operations are projected to increase significantly. "Communities deserve to get something back outside of the airport's noise abatement program," said Maryland Sen. lames E. DeGrange, Sr., (D) author of the legislation (Senate Bill 276), the Citizens Committee for the Enhancement of Communities Surrounding BWI Airport. (Continued on p. 121) Minneapolis-SL Paullnt'1 PUTTING ANOMS DATA ON INTERNET LETS PEOPLE GENERATE THEIR OWN REPORTS Minneapolis -St. Paul International Airport has found a way to make much fuller use of the data from its Airport Noise and Operations Monitoring System (ANOMS) by transferring it to the Internet where anyone can access the informa- tion to generate their own tailor-made reports on a wide array of topics, such as noise levels, flight tracks, runway use, and airline fleet mix. Users also have the ability to replay aircraft operations and to see the resultant noise events on a map. In addition, the application allows real-time written communication on the same map view between multiple users. "This represents the next generation of information dissemination" to the public, said Chad Leqve, ANOMS coordinator for the Minneapolis -St. Paul Metropolitan Airports Commission's Noise and Satellite Programs. The use of data sets from ANOMS and the Geographic Information System (GIs) and the information dissemination flexibility that the Internet provides, he said, has allowed the MAC to address airport noise impact issues in a proactive manner that supersedes traditional methods and capabilities. It also is a way to demonstrate to the community the benefits of the investments the airlines are making in quieter fleets, he added. (Continued on p. 131) August 24, 200] In This Issue... BWIInt7.., A new Maryland law will provide $1 for every aircraft takeoff or landing at BWI to com- munities near the airport as restitution for noise, pollution, and road congestion - p. 120 Minneapolis... Putting ANOMS data on the Internet allows communites, airport users to generate their own tailor-made reports on noise impact, flight tracks - p. 120 . MSP Airports Commis- sion approves plan to expand eligibility for its residential sound insulation program to homes in the 60-64 dB DNL noise contour - p. 121 Flight Delays ... DOT seeks public comment on feasibility, effectiveness of using market - based approaches to relieve airport congestion - p. 122 feips Briefs ... Coalition of communities opposed to new m way at Sea-Tac challenges state decision to grant key environmental permit ... Ill. eovernor says he will not meet Sept. I deadline for offering counter -proposal on Chicago's O'Hare expansion plan ... Final EIS out on new runway at Atlanta Hartsfield Intl - p. 123 2001 ranging from only adding central air conditioning to homes in the 60-64 dB DNL contour to providing the same full sound insulation package that homes in the 65 dB DNL and higher contour get. The MAC decided to provide the full sound insulation package to homes in the expanded contours but only to the extent that the S 150 million would support such efforts. The program will start with homes in the 64 dB DNL contour and work outward to less impacted homes and stop when the money runs out. However, the MAC did approve a recommendation to ask the state Legislature to fund the shortfall. It also directed its staff to update the MSP International noise contours in 2005, based on the most current fleet mix data, which could result in the contours shrinking and homes coming out of them. Like homes in the 65 dI3 DNL contour, those in the expanded area may receive a variety of insulating treat- ments, including new or reconditioned windows and doors, wall and attic insulation, central air conditioning (if none exists), roof vents, and baffles. _. _ The commission said it will develop a unique acoustic design for each homes based on its pre-existingconditions - (windows, doors, insulation, and mechanical condition). The goal is to reduce interior noise levels by 5 dB or more and to maintain interior air quality. The expanded program will be phased in between 2003 and 2010. Flight Delay DOT SEEKS COMMENT ON MARKET -BASED FIXES The Department of Transportation issued a notice Aug. 21 seeking public comment on the feasibility and effectiveness of using market -based approaches to relieve airport congestion and flight delays. The notice, and others to follow, are intended to help provide the department with data and perspectives on a range of policy alternatives to address the problems of congestion and delay. . The public has until Nov. 19 to submit comments on the notice, which seeks responses to 22 specific questions DOT has posed on market -based issues. iviarket-based approaches are pricing systems that can be implemented at airports to encourage air carriers to use scarce airport capacity more efficiently, DOT explained in its notice. Such pricing systems have been used in other industries to achieve a better balance between supply and demand, resulting in a facility or service being used more than otherwise during off-peak hours, DOT said. DOT did not mention environmental impacts in its notice but moving tights to off-peak hours or into late night hours is certain to have noise impacts. 1b4arket-based pricing may be one part of the puzzle toward reducing congestion at some key locations in the 122 near term and this action allows us to better understand how market -based options might work," Secretary of Transporta- tion Norman Y. Mineta said. DOT said that, in addition to other department analytical efforts, public response to its notice will help policy makers better understand the implications of market -based pricing, including its possible impact on reducing flight delays, as well as on airline competition, general aviation, airfares, and small community access to air travel markets. The DOT notice is not airport specific nor does it endorse a specific market -based approach —such as congestion fees, auctions, or flat fees — or any specific regulatory approach. Comments on the notice are due in 90 days and should be submitted to Docket Clerk, Docket No. OST-2001-9849, Room PL-4 01,US Department of Transportation, 400 7 6 St., SW, Washington, DC 20590. Comments may also be sent electronically to the following Internet address: DMS.dot.gov. The DOT notice and comments received on it may be obtained via the Internet at hip-//dms dot.go docket number OST 2001-9849. In Brief... Communities Challenge Permit The Airport Communites Coalition (ACC), comprised of 5ve cities and a school district opposed to the Port of Seattle's plans to build a third runway at Seattle -Tacoma Intemational Airport, filed an appeal on Aug. 23 of a state decision to grant the Port a key environmental permit needed to move forward with the new 8,500-ft., S773 million runway. The Washington Department of Ecology last week approved the Port's water -quality plan for the new runway but imposed additional measures to reduce water contami- nation- The state permit was required as part of the Army Corps of Engineers' construction approval process for the runway. The corps is expected to make a decision on the runway in about two months. Construction of the runway requires essentially filling in a valley with 20 million cubic yards of material. ACC contends that the state agency was under political pressure to approve the permit and that the Port did not provide complete information to it. It appealed the permit to the state Pollution Control Hearings Board, which will now hold a hearing on the matter. O'Hare Expansion Plan Illinois Gov. George Ryan said Aug. 23 that he most likely will not meet the Sept. t deadline imposed by the Senate Aviation Subcommittee for offering a counterpro- posal to Chicago's S6 billion plan to expand O'Hare Airport Noise Report Airport Noise Report A weekly update on litigation, regulations, and technological developments Volume 13, Humber 29 Yan Nzrys U.S. DISTRICT COURT JUDGE UPHOLDS VAN NUYS STAGE ZNON-ADDITION RULE In another major defeat in court for the National Business Aviation Association (NBAA), a U.S. District Courtjudge Aug.27 upheld a restriction at Van Nuys' Airport in Los Angeles limiting the number of Stage 2 jet aircraft under 75,060 lb. that can be based at the general aviation airport, the busiest in the country: "Today's court decision is a major victory for the City of Los Angeles and the communities near Van Nuys Airport," Selena B. Birk, manager of the airport, said in a prepared release. "We believe the Non -Addition Rule effectively addresses the concerns of airport neighbors, while balancing the economic concerns of the airport tenants" Gerald Silver, president of Homeowners of Encino and the Stop the Noise! Coalition, told the Los Angeles Daily News he was "pleased but not surprised with the decision because the city was on firm ground with the restrictions." He predicted the ruling would bolster the city's ability to totally phase out Stage 2 operations at the airport, although the city is not actively trying to do that. In a two -page order, Judge Stephen V. Wilson of the U.S. District Court for the Central District of California, said that NBAA and the other plaintiffs "had not (Cwainued orr p. 125) GVestchester County FAA WITHOLDS PFC INCREASE PENDING FINDING OF COMPLIANCE WITH ANCA The Federal Aviation Administration is withholding approval of Lestchester County Airport's application to increase its Passenger Facility Charge and appears to be withholding the release of already approved Airport Improvement Program grants on the grounds that the agency cannot make a positive determina- tion that the county is in compliance with it's Part 161 Regulations on Notice and Approval of Airport Noise and Access Restrictions. Responding to a complaint filed in April by the Westchester Aviation Associa- tion, the FAA gave the county until Aug. 4 to respond to agency concerns that it has violated federal grant agreements and skirted the Part 161 process by using (ease agreements and the early morning closure of a parking garage to coerce airlines and business jets to adhere to the airport's voluntary midnight to 6:30 a.m. curfew on aircraft operations (13, ANR, 103). FAA officials met with Westchester County's attorney and commissioner of transportation on Aug. 29 to discuss the matter but no resolution was reached, according to Dave Bennett, director of the FAA's Office of Airport Safety and Standards. He declined to discuss the meeting but said he felt the matter could be resolved in the near future. (Continued wt p. 135) August 31, 2001 In This issue... 'an Nuys ..: A federal district court judge upholds a Stage 2 non -addition rule on business jets imposed by the City of Los Angeles at the busiest general aviation airport in the country, handing NBAA its second major court defeat on the issue - p. 124 iVestchesterCounty... FAA is withholding approval of PFC increase and delaying re- lease of AlP grants until county can demonstrate com- pliance with ANCA. County challenges FAA's legal reason- . p. 124 AJP Grants ... FAA an- nounces awards to 11 airports for projects related to noise m [iation - p. 126 Islip ... Town is considering mposing $50,000 surcharge on late -night flights in effort to keep out quieter planes that are able to meet noise level limits set in grandfathered curfew. FAA gives town 15 days to provide specific terms of surcharge - p. 126 Part 150 Prgratn ... FAA announces its approval of Part 150 airport noise mitigation program for Williams Gateway Ai port in Nlesa, AZ - p. 127 August 31, 2001 fact, FAA's own Part 161 regulations recognize in Section 101(d) the County's right to negotiate terms in agreements "with one or more aircraft operators that restrict the opera- tion of Stage 2 or Stage 3 aircraft," she asserted. "The County believes that it has the right to seek inclu- sion of a clause on voluntary compliance with the night- time curfew in its airport leases through a voluntary negotiation. If the FAA disagrees with this position, we would like to understand the legal reasoning supporting such disagreement ...." she wrote. - "Acceptance of the axiom that any use restriction (even when negotiated in good faith) is illegal overstates the FAA's own regulations," Indelicato told the agency. She noted that the county has already met with representa- tives of the National Business Aviation Association and Westchester Aviation Association to discuss the lease issue. AIP Grants FAA AWARDS AIP GRANTS TO 11 AIRPORTS FOR NOISE The Federal Aviation Administration recently awarded grants under its Airport Improvement Program AIP) to the following airport proprietors for noise -related projects: City of New Orleans received a grant of S561,848 on July 10 to acquire land for development and for reloca- tion assistance for homeowners near New Orleans Interna- tional Airport; City of Chicago received a grant of S228,000 on July 10 to soundproof an elementary school and ajunior high school near O'Hare International Airport; City of Atlanta received a grant of S 17,249,368 on July 11 to acquire land for noise compatibility in the 70-75 dB DNL noise contour around Hartsfield International Airport; City of Cleveland received a grant of S27,61 L000 on July 19 to construct runway 5L/23R and for environ- mental mitigation; City and County of San Francisco received a grant of SL5,9901000 on Aug. 9 to conduct an environmental impact statement study for the proposed expansion of San Francisco International Airport; City and County of San Francisco received a grant of S2 million on Aug. 14 for noise mitigation measures for residences within the 65-69 dB DNL noise contour of San Francisco International Airport and for miscellaneous noise mitigation measures: City and County of San Francisco received a grant of S2 million on .Aug. 14 for noise mitigation measures fora public school within the 65-69 dB DNL noise contour of San Francisco International Airport; Guam .Airport Authority received a grant of S1,296,226 on Aug. 23 to acquire land for noise compat- ibility/relocation within the 65-69 dB DNL noise contour of Guam International Airport. Slate of Hawaii received a grant of 5509,490 on 126 Aug. 16 for unspecified environmental mitigation at Hilo International Airport; City of Manchester, NH, received a grant of S 1.6 million on Aug. 16 for noise mitigation measures- for residences within the 65-69 dB DNL noise contour of Manchester Airport; City of Allentown, PA, received a grant of S9 million for noise mitigation measures for residences within the 65-69 dB DNL noise contour of Lehigh -Northampton Airport and to acquire land for noise compatibility within the 65-69 dB DNL contour; and Cheyenne, WY, Airport Board.received a grant of 5436,500 on Aug. 16 to acquire land for noise compatibil- ity within the 65-69 dB DNL noise contour of Cheyenne Airport. - MacArthur Airport $50,000 SURCHARGE ON FLIGHTS AT NIGHT BEING CONSIDERED The Town of Islip, NY, is considering imposing a S50,000 surcharge on late -night flights at Long Island MacArthur Airport in an effort to keep out quieter planes that are able to meet the noise level limits set in the airport's 1984 nighttime curfew. The curfew, which was grandfathered under the Airport Noise and Capacity Act of 1990, bars operations between 11 p.m. and 6:30 a.m. of aircraft exceeding 72 dB on departure and 85 dB on arrival (as per FAR Part 36). When it was adopted 17 years ago, the curfew was effective in banning all jet operations during the curfew hours. However, with the advent of quieter planes, some can now meet the curfew noise limits and operate during the night hours. Efforts to impose the surcharge follow an attempt by the city, the airport proprietor, to block Comair Inc., a Delta Connection air carrier, from operating a 6 .am. departure from Islip MacArthur Airport to Cincinnati. In an Aug. 7 letter, FAA Deputy Chief Counsel James W. Whitlow reminded Airport Manager Alfred E. Werner that the airport lacked the authority to unilaterally block scheduled air carriers from departure by amending lease agreements with fixed base operators to include provisions under which they would agree not to provide service to aircraft operating during the curfew hours. The FAA official also told the airport it could not use town fire trucks to try to physically block the departure of the Comair flight, as it apparently did. The FAA is not amused with the idea of a surcharge on night flights either. In an Aug. 24 letter. FAA Eastern Regional Counsel Loretta Alkalay gate Islip Town Manger Peter McGowan Is days to provide her with the specific terms of the surcharge, which FAA has learned from a local news article the airport plans to impose on all night flights, even those that can meet the grandfathered noise limits in the curfew. Airport Noise Report Airport Noise Report A weekly update on litigation, regulations, and technological developments Volume 13, Number 30 Oakland Int'1 APPEALS COURT RULES THAT NEW EIR MUST BE DONE FOR EXPANSION PLAN In a bellweather ruling that interprets state environmental law but is expected to have national repercussions, a California Court of Appeal has found the Environ- mental Impact Report on the S138 billion expansion plan for Oakland Interim. tional Airport to be inadequate and ordered that a new EIR be prepared., - A three -judge panel concluded unanimously in a sharply critical 58-page opinion that the airport's expansion plan did not comply with the California , _ Environmental Quality Act (CEQA) because it (1) "failed to analyze adequately the noise impacts from planned additional nighttime flights; (2) erred in using outdated information in assessing the emission of toxic air contaminants (TACs) from jet aircraft; (3) failed to support its decision not to evaluate the health risks associated with the emission of TACs with meaningful analysis; and (4) improp- erly deferred devising a mitigation plan for the western burrowing owl." Noting that criteria for determining significant noise impact differ in CEQA and the federal National Environmental Policy Act, the court said the Port of Oakland cannot rely solely on 65 dB CNEL (California's version of DNL) to assess the impact of nighttime cargo flights, which could triple under its development plan. (Continued on p. 129) Albuquerque Int'1 FAA REJECTS MAYOR'S PLAN TO TURN DEPARTURES TO REDUCE NOISE IMPACT The Federal Aviation Administration has rejected a plan proposed by Albuquer- que Mayor Jim Baca to turn aircraft departing Albuquerque International Sunport to the south in order to avoid populated areas and to reduce noise impact on the community. The agency said in a report released by the mayor's office in late August that "requiring more aircraft to operate in limited airspace by going south increases the potential that the proposed operation may not be as safe as current proce- dures" and has "the potential for delays and near mid -air collisions." Community concerns about noise are understandable, the FAA said, but concluded that the mayor's plan "would result in a potential decrease in safety with no gain in operational efficiency." In addition, the report found, the change in departure procedure "would result in the airlines being impacted by departure delays and additional flight mileage resulting from the longer routes." The FAA report said that some reduction in noise impact could be achieved through the voluntary removal by the airlines of certain planes and rerouting of sonic flights. Such action could reduce overflights of the community by 55 (Continued on p. 130) September 7, Z001 In This Issue... Oakland... A -California Court of Appeal rules that Oakland International Airport's EIR on its $1.38 billion expansion plan is inadequate and orders that a new EIR be prepared. The court said that the criteria for determining significant noise impact set in Califomia environmental law does not allow the airport to rely solely on 65 dB CNEL to assess the impact of a sig- n ca cant increase in nighttime -go operations. The Port is considering its options - p. 128 Albuquerque ... FAA rejects a plan proposed by Albuquerque's mayor to turn departing aircraft over an unpopulated area to the south to reduce noise impact on the community on the grounds that it would be less safe than current procedures- p. 128 News Briefs ... The first symposium devoted to airport sound insulation programs will be held in Palm Springs in October ... The leading candi- date for governor of New Jersey pledges to do every- thing he can to see that FAA's airspace redesign results in significant noise reduction over estate ber 7, 2001 "increase substantially the ambient noise levels for adjoin- ing areas" and states that any proposal which results in increases in existing noise levels or exposure of people to severe noise levels may require mitigation measures." By contrast, in implementing NEPA, "the FAA has developed a specific quantitative significance criteria for measuring aviation noise," the court explained. The FAA has determined that a significant noise impact would occur if a noise analysis indicated the proposed action results in an increase within the DNL 65 dB contour of 1.5 dB DNL or greater on any noise sensitive area. "We find it noteworthy," the court wrote, "that CEQA - could have defined significant noise impacts simply in -- terms of whether a project would violate applicable local, state, or federal noise standards. Instead, by adopting a site - sensitive threshold of significance' for noise, the [CEQA] Guidelines mirror the proposition that"[a]n ironclad definition of significant effect is not always possible because the significance of an activity may vary with setting. Forexample, an activity which may not be signifi- cant in an urban area may be significant in a rural area" Supplemental Noise Analysis The court said that supplemental noise analysis would provide more accurate information on noise impact than was provided in the EIR and could test the airport's 1996 hypothesis that the continued phase out of Stage 2 aircraft would more than offset increased noise from night flights. John Freytag of San Francisco -based Charles M. Salter Associates, who served as Alameda's acoustical consultant, told the court that the EIR needs to include an analysis of sleep interference, speech interference, and single event noise in Alameda's residential communities. The sleep interference assessment, he said, "must consider the Single Event Levels (SEL values) of the individual flyovers occurring during the nighttime (sleeping period), and the frequency of occurrence of these events." It remains to be seen how much additional noise analysis the Port will conduct. Using its 65 CNEL criterion, it concluded in the EIR that noise levels would actually decrease, despite the substantial increase in nighttime operations because of the phase out of Stage 2 aircraft and that very few homes would be significantly impacted by the additional night noise. "The purpose of requiring public review [of an EIR] is to demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and considered the ecological implications of its action," the appeals court wrote. `it is fair to say that the disposition of the citizenry. who attended public hearings, signed petitions, and wrote letters in response to the draft EIR's noise analysis went beyond `apprehensive' and could more aptly be described as `incredulous'." David Pomper of the Washington, DC, law firm Spiegel McDiarmid, an expert in environmental law, told ANR that the appeals court rolling "will be cited by folks who say the 130 65 DNL standard really is not a full description of noise and that [the Federal Interagency Committee on Aircraft Noise] and FAA have to go back and reevaluate that." But he does not feel that will happen. The argument will be made the 65 DNL does not fulfill NEPA's obligation to fully describe noise impact, he said, but predicted it would fail. The ruling in Berkeley Keep Jets over the Bay Committee, City of San Leandro et al, and City of Alameda, et al v. Board of Port Commissioners, is available on line at http:// www.c ourtinfo.ea. gov/opinions/documents/A086708.pdf. Portland, from p. 128 aircraft per week, according to the agency. Jay Czar, director of aviation for Albuquerque Intema- tional, told ANR that the city "is certainly' disappointed r that the FAA did not allow more planes to turn south.over unpopulated descending terrain." He noted that Mayor r Bacca has worked very closely with airport neighbors to reduce the effects of noise, is in the process of installing an airport noise monitoring system, and is doing everything he can to work with the airport's neighbors, the FAA, and the airlines to reach a balance in terms of safety, efficiency, and noise reduction." Turning another 55 planes a week to the south will help, Czar said, "but doesn't answer the real problem." The mayor feels that tuming planes over descending, unpopulated terrain to the south would be safer than turning them over ascending terrain over heavily populated areas, and would reduce noise impact, he said. Other Cities Do It Nlavor Bacca was out of town an unavailable for comment but he told the Albuquerque Journal Auo, 22 that he was disappointed with the report and the procedures that led to FAA's conclusions. "The ones that made the decisions were the FAA and the airlines," he told the paper, adding that one of the primary factors was the additional cost to the airlines of burning more fuel. He noted that noise abatement departure procedures are in effect at other cities in order to "have some peace and quiet on the ground" Regarding the safety concerns, Mayor Bacca told the paper, "this is not the busiest airport in the world ... If other cities can figure out a way to do this safely, I think we can too." Bacca told the paper he planned to ask California -based Wadell Engineering, which prepared a report funded by the city supporting the south turn proposal, to review the FAA data and will take the matter to the New Mexico congres- sional delegation. "What we're looking at here is the airlines trying to save fuel costs," he told the paper. "I understand that, but we're looking at the quality of life of he city." Airport Noise Report Airport Noise Report A weekly update on litigation, regulations, and technological developments Volume 13, Number 32 September 28, 2001 MSPInt'1 $31 MILLION CUT MADE IN BUDGET FOR MSP NOISE ABATEMENT PROGRAM The dramatic drop in air travel following the Sept. -I 1 terrorist attacks is already taking its toll on airport expansion projects and noise mitigation efforts: Minne- apolis -St Paul International Airport announced that it must cut S31 million from its residential sound insulation program, expansion plans for Dulles International Airport have been put on holding pending a decision on weather to reopen Washington, DC, Reagan National Airport, and Burbank Airport announced that it has placed on hold all its replacement terminal development activities. Prompted by Northwest Airlines' decision to withhold all payments in terms of rent and landing fees that its owes Minneapolis -St. Paul International Airport, the Minneapolis -St. Paul Metropolitan Airports Commission (MAC) announced that it has slashed its airport expansion project budget by S 118 million this year, including a S31 million cut in its noise abatement program, which will slow efforts to sound insulate homes near the airport. The loss of revenue also will mean a delay in completion of the airport's 52.7 billion expansion program and will push back the opening of a new north -south runway from December 2003 to November 2004. (Continued on p. 138) Airports AIRPORTS TELL CONGRESS THEY NEED FINANCIAL ASSISTANCE LIKE AIRLINES GOT The two major airport trade groups— the Airports Council International —North America and the American Association of Airport Executives —asked Congress Sept. 25 to provide airports with a financial assistance package similar to what the airlines received, contending that airport operations are endangered as a result of the terrorist attacks. "With such a high amount of fixed costs associated with airports, there are some airports that won't be able to operate without [financial assistance], and may be forced to shut down critical operations unless they receive the necessary relief," ACl-NA President David Z. Plavin said in testimony before the House Transporta- tion Aviation Subcommittee. He emphasized two major areas for consideration: financial relief for airports and additional measures in the screening of passengers. Plavin called for immediate relief from the federal government to help pay for the additional security measures that airports have implemented and to offset the reduction in passengers and revenue. "While airports are spending millions of dollars to increase security, passengers and revenues are declining, so it is critical that Congress and the Administration now focus attention on airports — whose problem and fate are inextricably tied with the airlines," he said. (Continued on p. l37) In This Isstie... Airports ... The terrorist attacks are taking their toll on a rport finances. MSP Int'1 slashes its expansion budget and cuts $31 million from its noise abatement program; Dulles and Burbank airports announce they are putting projects on hold - p. 136 .. Airport trade groups urge Congress to provide financial assistance; contend losses endanger operations - p. 136 Noise [Modeling ... FAA issues an upgrade to its Inte- grated Noise Model (INM), which includes eight new aircraft and a correction to noise computations that use terrain data - p. 137 Phoenix ... All 32 noise m tigation measures in Sky Harbor's Part 150 program approved by FAA, including construction of engine mainte- nancc nun -up enclosure - p. 137 Grants ... FAA announces award of grants for noise mitigation projects underway at Guam, Minneapolis, Reno Intl airports - p. 133 Airlines... US Airways says it will retire MD-SOs, F-100s, and hushkitted 737-200S in light of steep drop off in demand for air tray el - p. 13 S 2001 240-degree heading upon reaching the end of the runway; and Establish a side-step approach to Runway 25L for noise abatement. Among the 32 noise mitigation measures approved outright are: continue requiring compliance with the airports' engine test run-up policy; encourage the use of equipment to enhance noise abatement navigation; build an engine maintenance run-up enclosure; support Air National Guards' efforts to re -engine KC-135 aircraft; sound insulate single family. homes within the 1992 65 dB DNL contour and homes outside that contour but inside the 1999 65 dB DNL contour; sound insulate approximately 10 schools within the 1999 65 dB DNL contour; acquire dwellings north and west of the airport within the 1999 65 and 70 dB DNL contour; update general plans and building codes to reflect noise compatibility planning; enact guidelines specifying noise compatibility criteria for the review of development. projects within the Noise Contour Planning Boundary; encourage rezoning for noise compat- ibility; require recording of fair disclosure agreements and covenants and over flights within the Noise Contour Planning Boundary; and expand flight track monitoring coverage. AIP Grants FAA ANNOUNCES AIP GRANTS FOR THREE NOISE PROJECTS The Federal Aviation Administration recently announced the following grants under its Airport improvement Program to three airports for projects related to noise mitigation: Guam Airport Authority was awarded a grant of S 1,296,226 on Aug. 23 to acquire land for noise compat- ibility within the 65-69 dB DNL contour of Guam Interna- tional Airport; Minneapolis -St. Paul Metropolitan Airports Commission was awarded a grant of SIO million on Sept. 18 for noise mitigation measures for approximately 292 residences within the 65-69 dB DNL contour of Minneapo- lis -St. Paul International Airport, and Airport Authority of Washoe County, NV, was awarded three grants on Sept. 13: a grant of S1.9 million for noise mitigation measures for residences within the 65-69 dB DNL contour of Reno -Tahoe International Airport; a grant of S2 million to acquire land for noise compatibility/ relocation n•ithin the 65-69 dB DNL contour; and a grant of S6 million to acquire land for noise compatibility/reloca- tion within the 70-74 dB DNL contour. Airlines US AIRWAYS PLANS TO RETIRE 737-2005 AID-S01 F-100 AIRCRAFT In light of the steep drop off in demand in the wake of the attacks on the VA"orld Trade Centerand the Pentagon, US 138 Airways announced Sept. 25 that it will retire I I I aircraft from its fleet by April, including NID-80s, F- IOOs, and hushkitted 737-200s. The hushkitted 737-200s are used for the airline's MetroJet service, which provides low -fare flights to Florida. That service will end by December. The airline had planned to retire its MD-30s by the end of 2002 but has now accelerated that process. "The retirement of these aircraft will leave US Airways with a highly efficient fleet of newer Airbus and Boeing aircraft," the company said. "With common cockpits, efficient maintenance schedules and other factors, US Airways will see significant cost savings as a result of this step." Just prior to the terrorist attacks, American Airlines announced that it has moved up the retirement date for its hushkitted 7327-200s from the end of 2003 to the end of 2002. It is unclear whether it will accelerate that schedule in light of events. I ... MSP, from p. 136 MAC plans to defer expansion of part of the airport terminal, replacement of a fire and rescue facility, construe - of a new Federal Aviation Administration air traffic control tower and additional parking facilities, and im- provements to six reliever airports. Northwest owed S5.5 million to the airport in September and its financial obligations to MSP International through the end of the year total S43 million. The airline said it is delaying payment to all the airports it serves on a case -by -case basis while it evaluates its finan- cial situation. Northwest said it intends to pay the out- standing obligations it owes to the MAC. Following a special session of the MAC held Sept. 26, Executive Director Jeff Hamiel said the airports commission is willing to negotiate a minimum payment with the airline but added that, if the airline's deferral of payments is long - terms, the MAC would resort to the courts to demand payment. In August, the MIAC has approved a plan to expand eligibility for its Residential Sound Insulation Program to homes in the 60-64 dB DNL contour of NISP International, bringing over 10,000 more homes into the program, although that number could be reduced in updated noise contours (13, ANR, 121). bISP became the second airport in the country, following Cleveland Hopkins International, to approve residential sound insulation beyond the traditional 65 dB DNL contour that the Federal Aviation Administra- tion uses as the boundary of residential compatibility for ai ports. But while Cleveland had no funding mechanism for its sound insulation program beyond the 65 dB DNL contour, the MAC got the airlines to commit in lease agreements to provide S 150 million to extend it residential sound insulation program beyond the 65 dB DNL contour. Because MSP is its main hub. that financial burden falls Airport Noise Report Airport Noise Report A weekly update on litigation, regulations, and technological developments Volume 13, Number 33 ICAO ICAO ASSEMBLY PROVIDES GUIDANCE ON RESTRICTING STAGE 3 OPERATIONS On Oct. 5, at the end of its 33r° session, the Assembly of the ]ntemational Civil Aviation Organization (ICAO) announced that it had adopted more stringent Chapter 4 aircraft noise emission standards, endorsed the concept of a balanced approach to the management of aircraft noise, and made a "breakthrough on the difficult question of operating restrictions on the noisiest Chapter 3 aircraft," such as hushkitted aircraft. States needing to introduce restrictions on Chapter 3 (called Stage 3 in the United States) aircraft at an airport with severe noise problems will now have a process to enable them to do so, ICAO said. As expected, ICAO's Assembly adopted the Chapter 4 aircraft noise certification standard agreed to by its Committee on Aviation Environmental Protection (CAEP) last January. It is only 10 dB below the current Chapter 3 standard and can be met by almost all aircraft currently in production (13, ANR, 5). The most contentious issue facing ICAO was whether to allow the phase out of any Stage 3 aircraft. The Airports Council International —North American (ACI- NA) had strongly sought the phase out of aircraft hushkitted to meet Stage 3 noise (Continued on p. 1411 Heathrow COURT SAYS HEATHROW NIGHT FLIGHTS VIOLATE HUMAN RIGHTS CONVENTION The European Court of Human Rights issued a ruling Oct. 2 that could lead to a limitation or ban on night flights at London's Fleathrow Airport and other European airports. Established in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights, the court became a full-time institution in Novem- ber 1998, replacing the original two-tier system of a part-time commission and court. It is unclear whether the court's ruling is binding on the UK Government but the Convention on Human Rights is embodied in UK law as the Human Rights Act. By a five votes to two, the Court ruled that that, in implementing a nighttime noise quota scheme for Heathrow in 1993, the British Government violated Article 8 of the Convention on Human Rights because it failed to strike a fair balance between the UK's economic well-being and the right of residents near the airport to respect for their homes and their private and family lives. By a six to one vote, the court found that scope of judicial review by the domestic courts was insufficient and therefore violated Article 13 of the conven- ion. The UK Department of Transport said that there will be no immediate change in (Continued on p. 142) u October 5, 2001 In This Issue... ICAO... The Assembly of the International Civil Aviation Organization adopts more stringent "Chapter 4" aircraft noise emission standards, endorses the concept of a balanced approach to managing aircraft noise, and agrees to conditions for restricting the operation of Stage 3 aircraft - p. 140 Heathrow ... The European Court of Human Rights issues a ruling that could result in a t or ban on night flights at London's Heathrow Airport and other European airports. The court says that Heathrow's night noise quota violates residents' right to private and family life - p. 140 Atlanta ... FAA announces its approval of the fifth runway at Hartsfield International. Communities have threatened a class action lawsuit as lever - for additional noise mitiga- tion measures - p. 142 Reagan National... Noise abatement flight paths are dropped in plan to reopen airport following terrorist attacks but significant noise impact on communities is not expected - p. 142 Zoos standards and other aircraft that only marginally met the standards, arguing that such aircraft were still a major noise problems of U.S. airports. The Bush administration did not support such a position but the European Union did. The EU has already adopted a restriction that bars additional operations by hushkitted aircraft at European airports. The United States has challenged that restriction under ICAO dispute resolution procedures. The Assembly action does not resolve that matter but it does set some guidance for considering the phase out of hushkitted and marginally Stage 3 aircraft. The Assembly urged its member states not to phase out any Stage 3 aircraft before considering whether normal attrition of existing fleets would provide needed protection of noise environments around airports, and whether this protection can be achieved by regulations preventing the addition of such aircraft to their fleets or through restric- tions limited to airports and runways and to certain time periods. It urged states that decide to phase out Stage 3 aircraft to frame any restrictions so that they gradually withdraw operations over a period of not less than seven years, and that they do not restrict before that seven-year period ends the operations of any aircraft less than 25 years old, or any wide -body aircraft, or any aircraft fitted with engines that have a by-pass ratio higher than 2 to 1. ICAO strongly urged member states not to impose any operating restrictions on Stage 3 aircraft unless they are part of the balanced approach to noise mitigation approved by ICAO. Local Noise Restrictions If member states decide to permit noise restrictions on any Stage 3 aircraft, the ICAO Assembly recommended that such restrictions: Be based on the noise performance of the aircraft the EU has imposed a restriction based on engine by-pass atio); Be tailored to the noise problem of the airport concerned in accordance with the balanced approach; Be partial in nature, whenever possible, rather than the complete withdrawal of operations at an airport; Take into account possible consequences for air transport services for which there are no suitable alterna- tives, such as long -haul service; Consider the special circumstances of operators from developing countries in order to avoid undue economic hardship on them and by granting them exemp- ions; Introduce such restrictions gradually over time, where possible, in order to take into account the economic impact on affected operators; Give operators a reasonable period of advance notice; Take account of the economic and environmental impact on civil aviation in terms of recent events; and Inform ICAO and other states of all such restric- tions imposed. Balanced Approach The balanced approach to noise management endorsed by the ICAO Assembly consists of"identifying the noise problem at an airport and then analyzing the various measures available to reduce noise through the exploration of four principal elements: reduction of noise at the source (the airplane), land -use planning and management, noise abatement operational procedures, and operating restric- tions, with the goal of addressing the noise problem in the most cost-effective manner." The Assembly urged member states to institute a "transpar- ent process" when considering measures to alleviate noise, including: Assessment of the noise problem at an airport "based on objective, measurable criteria and other relevant factors'; Evaluation of the likely costs and benefits of the various measures available and selection of measures "with the goal to achieve maximum environmental benefit most cost-effectively"; and Provision for dissemination of the evaluation results "for consultation with stakeholders and for dispute resolution." It is unclear who will resolve these disputes, however. The U.S. government developed the concept of a balanced approach to aircraft noise mitigation, which already is embodied in the Federal Aviation Administration's Part 161 Regulations on Notice and Comment on Airport Noise and Access Restrictions - Known informally as the Part 161 process, these regula- tions have imposed stringent cost/benefit analysis require- ments on U-S. airport in imposing new noise and access restrictions. In the decade since the rules have been in place, only one airport (Naples) has imposed a new noise restriction under them and that was only after it acted in defiance of FAA's efforts to require further study and under threat of FAA action to find the airport in violation of federal grant agreements. The Part 161 process is widely viewed as an effective tool for frustrating and blocking attempts by U.S, airports to impose any new airport noise or access restrictions. Whether it will be used the same way under ICAO's auspices remains o be seen. The ICAO Assembly asked the ICAO Council to develop the "necessary ICAO guidance to assist States in implement - the concept of the balanced approach to noise manage- ment and to report back to the next regular session of the Assemby on the following: the principal elements of the balanced approach and the relationship between them, the analytical and methodological tools that might be needed to assess and compare the elements, and local noise -related operating restrictions at airports. Airport Noise Report October 5, 2001 Heathrow, from p. 140 night flights at Heathrow while it is studying the ruling. Eight British citizens, all long-time residents near the airport, filed the lawsuit (Hatton and Others v. The United Kingdon) with the European Commission on Human Rights in May 1997. It was transferred to the European Court on Human Rights in November 1998 and the court declared the case partially admissible on May 16, 2000. The case focused on a change in the system for determin- ing how many night flights could operate at Heathrow. Prior to October 1993, noise caused by night flights had been controlled through restrictions on the total number of operations. However, after that date, noise was regulated by a system of noise quotas which assigned each aircraft type a 'Quota Count" (QC). This is similar to noise budgets used at some U.S. airports. The QC allows aircraft operators the option of either flying a greater number of quieter aircraft at nights or a fewer number of relatively noisier airplanes. The quota system was in effect between 11:30 p.m. and 6 a.m. with more lenient shoulder periods from I I to 11:30 p.m. and 6- 7 a.m. Previously, the more stringent controls and been imposed during that entire time frame. The Court noted that the British Government had ac- knowledged that the overall level of noise had increased during the quota period (11:30 p.m. to 6 a.m.) under the quota system put in effect in 1993. The Court found that, because the British Government does not own or operate Heathrow, it did not interfere with the right of the residents near the airport to a private or family life. Government Duty However, the Court ruled that the government had a positive duty under the Convention to take reasonable and appropriate steps to secure the residents' rights to a private or family life and to strike a fair balance between the competing interests of the individual and of the community as a whole. While it is likely that night flights contribute to the national economy as a whole, the importance of that contribution had never been assessed critically by the government, the court said. It also noted that only limited research had been conducted on the nature of sleep distur- bance and prevention when the quota system was put in place in 1993. The court also found that the scope of the review of the quota system by domestic British courts had been limited to classic English public law concepts (irrationality, unlawful- ness, and patent unreasonableness) and these reviews did not allow consideration of whether the increase in night flights under the quota scheme represented a justifiable limit on the right to respect for the private and family lives of those who lived in the vicinity of Heathrow. John Stewart, president of the Heathrow Association for the Control of Aircraft Noise (Hacan) told the BBC News 142 that he did not think the British Government would appeal the ruling, which awarded 4,000 British Pounds in damages to each of the eight plaintiffs. "The ban at Heathrow could be the first of many in the UK and Europe," he said. A spokesman for Heathrow said the airports plans to wait and see how the government responds to the court ruling. "We have always recognized there is a difficult balance for govemment to strike on night flights between passengers' demand to fly, airlines' operational requirements, and the impact on local communities," he told the BBC. The court ruling is available on the Internet at www.echr.coe.int. Atlanta Hartsfield Int'1 , FAA APPROVES FIFTH RUNWAY AT ATLANTA HARTSFIELD On Sept. 27, the Federal Aviation Administration gave Atlanta Hartsfleld International Airport approval to begin construction of a 9,000-foot fifth runway and airport officials said they plan to move ahead with it quickly despite the steep downturn in air travel. FAA's approval follows a two-year environmental impact study on the proposed runway, which is estimated to cost $1.1 billion and is scheduled to be completed in late 2004. In 1994, the FAA gave the airport approval to build a 6,000-foot commuter runway. However, the airport decided to extend that to 9,000 feet in order to make able to accommodate larger commercial jet aircraft. Officials of Delta Airlines, which hubs at Atlanta and had been pushing for the new runway, still support it despite . financial problems and plans to cut service following the Sept. I I terrorist attacks. Airport officials declined to discuss the noise mitigation aspects of the new runway until the week of Oct. 8 because key officials are out of town this week. In late August, the Hartsfield Community Advisory Committee, which is comprised mainly of residents near the airport in the City of College Park, GA, and parts of Fulton and Clayton Counties, announced that they planned to file a class-action lawsuit against the City of Atlanta and the FAA as leverage in trying to obtain higher buyout prices for property that is being condemned for the airport's expan- sion. Reagan National Airport NOISE ABATEMENT PATH DROPPED IN REOPENING PLAN Reagan National Airport reopened Oct. 4 with stringent new security measures, including straight-line departure and arrival paths that put an end to the circuitous Potomac River noise abatement corridor that pilots had to meticu- lously follow in guiding their aircraft in and out of the airport since the late 1960s. Airport Noise Report October 5, 2001 143 ANR EDITORIAL Also dropped is the practice of requiring engine cut -backs at 1,500 feet to reduce noise impact. Pilots will depart at full climb engine settings to ADVISORY BOARD what ever altitude ordered by Air Traffic Control. Steven R. Alverson In addition, the airport's nighttime noise limits have been temporarily Manager, Sacramento Office suspended because National will be closed from 10 p.m. to 7 a.m. under Harris Miller Miller & Hanson the first phase of the reopening plan announced Oct. 3 by President Bush which calls for the airport to be gradually brought back to life. John J. Corbett, Esq. Spiegel & McDiarmid Neal Phillips, noise officer for Reagan National and Dulles Interna- Washington, DC tional Airport, said he does not expect the operational changes to cause a significant increase in the current noise impact from the airport. The James D. Erickson straight-line departure and arrival paths still overfly the Potomac River Director, Office of Environment and Energy but no longer follow its meandering path, he explained. Federal Aviation Administration Only one day of flight track data on the new procedures is available at John C. Freytag, P.E. this point, Phillips told ANR Oct. 5, but it shows that airplanes landing Director, Charles M. Salter Associates from the north and departing to the south, due to wind conditions San Francisco Thursday, look very similar to IFR operations conducted before Sept. 11. Michael Scott Gatzke, Esq. The strait -line flight paths will make it much easier for air traffic Gatzke, Dillon & Ballance controllers and others watching the airport's operations on radar scopes Carlsbad, CA to determine if airplanes are veering off course and possibly heading toward vulnerable military and government sites, such as the White Peter J. Kirsch, Esq, Akin Gump Strauss Hauer & Feld House, located only seconds away flying time. Denver Phillips said that the update to Reagan National's Part 150 airport noise compatibility program may be delayed for a long period of time because Suzanne C. McLean new base case operational data cannot be prepared until it is clear how Vice President, Planning and Development the airport will be operated. - Tucson Airport Authority "As of Sept. 10, we had a very good idea of what the base case data John NI. Nleenan would be," he said. But that is no longer the case. Senior Vice President for Industry Policy An additional security measure put into effect at Reagan National limits Air Transport Association aircraft size to I56 seats or less, which will bar B757 aircraft. They were Vincent E. Mestre, P.E. involved in two of the four hijackings on Sept. 11. President, Mestre Greve Associates Under the reopening plan, the airport will resume service to only eight Newport Beach, CA cities initially and then to 10 more cities within three weeks On Oct. 4, Delta Air Lines' and US Airways' East Coast shuttle flights Steven F. Pflaum, Esq. McDermott, Will & Emery to New York City and Boston resumed at half the pre -Sept. I I levels. US Chicago Airways resumed half it operations to its hub in Pittsburgh and other airlines that operate at National were allowed to resume up to 80 percent Karen L. Robertson of their scheduled flights to hubs in Chicago, Atlanta, Dallas, Minneapo- Manager, Noise Compatibility Office lis, and Newark. Dallas/Fort Worth International Airport By Thanksgiving, it is expected that the 57 percent of the airport's Mary L. Vigilante scheduled operations will be resumed. President, Synerg y Consultants The new operating plan does not allow general aviation operations at Seattle National Airport. They had accounted for about one quarter of opera- tions. AIRPORT NOISE REPORT Anne H. Kohut, Publisher Published 46 times a year at 43978 Urbancrest Ct., Ashburn, Va. 20147; Phone: (703) 729-4867; FAX: (703) 729-4528. e-mail: editor@airportnoisereport.com; Price 5624. 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 USS 1.03 per page per copy is paid directly to Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923. USA. Airport Noise Report