General Aviation Airports Can Reduce Noise and Restrict Operations
General aviation owners and operators often falsely claim they have no power to address the noise caused by flight training, private pilots and other general aviation activity. However, a 12/22/2023 letter from a law firm representing the Town of Superior in Colorado debunks these myths and identifies steps airport owners can take to reduce aviation noise. The residents of the Town of Superior are adversely impacted by air traffic from the Rocky Mountain Municipal Airport (RMMA), a facility that is owned and operated by Jefferson County.
The letter, addressed to Jefferson County Commissioners and the Interim Co-Directors of the Rocky Mountain Municipal Airport (RMMA), is a response to a letter sent by the airport owner to the Town of Superior in August of 2023. It contained a number of misconceptions about the county's ability to mitigate aviation noise produced by users of RMMA.
In the response letter, Steven M. Taber, a partner in the law firm Leech Tishman Fuscaldo & Lampl, urged the County to engage in a Part 150 Noise study and the development of a Noise Compatibility Program. The letter also countered some of the County's misunderstandings about the Airport Noise and Capacity Act of 1990 (ANCA) and further explained that ANCA does not apply to general aviation operations such as those that occur at RMMA.
The quotes below identify some of the strategies available to Jefferson County for abating noise generated by RMMA (see pgs 4-8). Bear in mind that these options apply not just to RMMA but to general aviation airports across the country.
ANCA Does Not Apply to General Aviation Airports
The terms "stage 2" and "stage 3" aircraft apply primarily to larger, jet-powered civil aircraft over 75,000 pounds. See 14 C.F.R., Part 36, 'Noise Standard: Aircraft Type and Airworthiness Certification.' Since the access-restriction prohibition is tied to the noise standards for stage 2 and stage 3 aircraft, ANCA's access restriction prohibition does not apply to general aviation aircraft not considered 'stage 2' or 'stage 3' aircraft. General aviation aircraft – small propeller-driven aircraft – have their own noise standards in 14 C.F.R., Part 36, Subpart F, but ANCA contains no prohibition against access restrictions for them either in the statute or in the regulations. Thus, ANCA does not apply to most aircraft that operate at RMMA, and it does not apply to virtually all aircraft conducting touch-and-go operations.
Landing Fees
It is not illegal to assess landing fees. Landing fees are not uncommon at general aviation airports and the proceeds are used to cover operating costs, infrastructure maintenance, and other expenses. As described above, if they are included in an approved NCP [Noise Compatibility Program], they are an acceptable strategy to mitigate noise, including landing fees intended to decrease operations at an airport. See 14 C.F.R. § B150.7(b)(5)(iv). The decision to charge landing fees at a general aviation airport is within the authority of the airport owner/operator.
Curfews
The Supreme Court said that local restrictions of commercial aircraft by curfews were pre-empted because of the effect on interstate commerce and the federal government's interest in maintaining interstate commerce. Id. The same cannot be said of placing a curfew on touch-and-goes from a general aviation airport or other local operations...Indeed, FAA regulations specifically allow curfews to be included as part of an NCP. 14 C.F.R. § B150.7(b)(5)(v).
Touch and Go Restrictions
Broadly speaking, general aviation airports have the authority to establish operational rules and restrictions, including those related to touch-and-go operations. The ability to restrict touch-and-go operations is well within the purview of the airport management or the local airport authority. Although a range of factors may lead to the implementation of such restrictions on touch-and-go operations, noise abatement is one of the primary reasons airports restrict such operations. Touch-and-go operations contribute significantly to noise in the surrounding community and consequently, they may properly be restricted.
Preferential Runway Systems
Airports can close runways at night or use preferred runways for assorted reasons, including maintenance, repairs, or to abate noise. Additionally, airports may use preferential runways during specific hours or under certain conditions. These practices are often part of the airport's operational procedures and are designed to balance the needs of the airport, the community, and regulatory requirements.
To review the letter in full click here.
| © Oregon Aviation Watch | Contact Us |  Jump to Top |