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Airport Access Restrictions Reference these procedures actually have been whether to use reverse thrust should be found to increase noise because of power left to the discretion of pilots. Therefore, applications needed to arrest high sink this measure does not merit further rates. consideration. Conclusion: Because these procedures erode safety margins and are of little AIRPORT REGULATIONS practical noise abatement benefit, they do not deserve further consideration at Federal Aviation Regulation (F.A.R.) RNO. Part 150 requires that, in developing Noise Compatibility Programs, airports study the possible implementation of Reverse Thrust Restrictions airport use restrictions to abate aircraft noise. [See F.A.R. Part 150, Thrust reversal is routinely used to slow B150.7(b)(5).] The courts have jet aircraft immediately after recognized the right of airport touchdown. This is an important safety proprietors to reduce their liability for procedure which has the added benefit aircraft noise by imposing restrictions of reducing brake wear. Limits on the which are reasonable and do not violate use of thrust reversal can reduce noise contractual agreements with the FAA impacts off the sides of the runways, conditioning the receipt of federal aid. although they would not significantly (These are known as “grant reduce the size of the noise contours. assurances.”) In addition, constitutional Enforced restrictions on the use of prohibitions on unjust discrimination reverse thrust, however, are not and the imposition of undue burdens on considered fully safe. interstate commerce must be respected. The restrictions must also be crafted to Discussion: Given the location of noise- avoid infringing on regulatory areas sensitive uses in the RNO vicinity, a re- preempted by the federal government. striction on thrust reversal may produce Finally, the regulations must be some benefits. However, reverse thrust evaluated under the requirements of restrictions tend to erode landing safety F.A.R. Part 161. margins, increase runway occupancy time, and increase wear on aircraft. Airport noise and access restrictions Other mitigation measures, such as may be proposed by an airport operator noise barriers, would offer similar in its F.A.R. Part 150 Noise benefits without creating safety Compatibility Program. The FAA has concerns. made it clear that the approval of a restriction in an F.A.R. Part 150 Conclusion: Mandated limitations on document would depend on the noise the use of reverse thrust are inadvisable abatement benefit of the restriction at at RNO because of the reduced safety noise levels of 65 DNL or higher. Even margins and the potential for if the FAA should accept a noise alternative mitigation measures. As an restriction as part of an F.A.R. Part 150 operational flight procedure with a Noise Compatibility Program, the direct effect on safety, decisions about requirements of F.A.R. Part 161 would 5-18 still need to be met before the measure local Stage 3 noise or access restriction, could be implemented. the FAA must make the following findings: F.A.R. Part 161 ! The restriction is reasonable, non- arbitrary, and non-discriminatory. In the Airport Noise and Capacity Act (ANCA) of 1990, Congress not only ! The restriction does not create an established a national phase-out policy undue burden on interstate or for Stage 2 aircraft above 75,000 foreign commerce. pounds, it also established analytical and procedural requirements for ! The restriction maintains safe and airports desiring to establish noise or efficient use of navigable airspace. access restrictions on Stage 2 or Stage 3 aircraft. Regulations implementing ! The restriction does not conflict these requirements are published in with any existing federal statute or F.A.R. Part 161. regulation. F.A.R. Part 161 requires the following ! The applicant has provided actions to establish a local restriction on adequate opportunity for public Stage 2 aircraft: comment on the proposed restriction. ! An analysis of the costs and benefits of the proposed restriction ! The restriction does not create an and alternative measures. undue burden on the National Aviation System (NAS). ! Publication of a notice of the proposed restriction in the Federal Based on FAA's interpretations of Part Register and an opportunity for 161, the regulations do not apply to public comment on the analysis. restrictions proposed only for aircraft under 12,500 pounds. Because these While implementation of a Stage 2 light aircraft, which include small, aircraft operating restriction does not single engine aircraft, are not classified require FAA approval, the FAA does under Part 36 as Stage 2 or 3, the FAA determine whether adequate analysis has concluded that the 1990 Airport has been done and all notification Noise and Capacity Act was not procedures have been followed. intended to apply to them. (See Airport Noise Report, Vol. 6, No. 18, September For restrictions on Stage 3 aircraft, Part 26, 1994, p. 142.) 161 requires a much more rigorous analysis as well as final FAA approval of Very few Part 161 studies have been the restriction. Before approving a undertaken since the enactment of ANCA. Table 5B summarizes the studies that have been done to date. 5-19 TABLE 5B Summary of F.A.R. Part 161 Studies Year Airport Started Ended Cost Proposal, Status Aspen-Pitkin County Airport, N.A. N.A. N.A. The study has not yet been submitted Aspen, Colorado to FAA. Kahului Airport, Kahului, 1991 1994 $50,000 Proposed nighttime prohibition of Maui, Hawaii (est.) Stage 2 aircraft pursuant to court stipulation. Cost-benefit and statewide impact analysis found to be deficient by FAA. Airport never submitted a complete Part 161 Study. Suspended consideration of restriction. Minneapolis-St. Paul 1992 1992 N.A. Proposed nighttime prohibition of International Airport, Stage 2 aircraft. Cost-benefit analysis Minneapolis, Minnesota was deficient. Never submitted a complete Part 161 study. Suspended consideration of restriction and entered into negotiations with carriers for voluntary cooperation. Pease International 1995 N.A. N.A. Have not yet submitted a Part 161 Tradeport, Portsmouth, New study for FAA review. Hampshire San Francisco International 1998 1999 $200,000 Proposing extension of nighttime Airport, San Francisco, curfew on Stage 2 aircraft over 75,000 California pounds. Started study in May 1998. Submitted to FAA in early 1999 and subsequently withdrawn. San Jose International 1994 1997 Phase 1 - Study undertaken as part of a legal Airport, San Jose, California $400,000 settlement agreement. Studied a Stage Phase 2 - 2 restriction. Suspended study after $5 to $10 Phase 1 report showed costs to airlines million at San Jose greater than benefits in (est.) San Jose. Never undertook Phase 2, systemwide analysis. Never submitted study for FAA review. Burbank-Glendale-Pasadena 2000 Ongoing Phase 1 - Proposed curfew restricting all aircraft Airport $1 million operations from 10:00 p.m. to 7 a.m. (est.) Naples Municipal Airport 2000 2000 Currently Enactment of a total ban on Stage 2 Naples, Florida $730,000 general aviation jet aircraft under 75,000 pounds (the airport is currently Expect an restricted to aircraft under 75,000 additional pounds). Stage 2 ban currently cost of deferred due to FAA request for $1.5 to additional analysis. Currently in $3.0 litigation due to suits from numerous million in organizations and individuals. Airport legal fees may have to repay all previous federal due to funding received for airport projects. litigation. N.A. - Not available. Sources: Telephone interviews with Federal Aviation Administration officials and staffs of various airports. Regulatory Options Regulatory options discussed in this section include the following: 5-20 departures by aircraft exceeding ! Nighttime curfews and operating specified noise levels. restrictions. Discussion: The time during which ! Landing fees based on noise or time nighttime restrictions could be applied of arrival. varies. The DNL metric applies a 10 decibel penalty to any noise event ! Airport capacity limitations based occurring between 10:00 p.m. and 7:00 on relative noisiness. a.m. That period could be defined as a curfew period. A shorter period, ! Noise budgets. corresponding to the very late night hours, say midnight to 6:00 a.m., could ! Restrictions based on aircraft noise also be specified. levels. Full Curfews: While full curfews can ! Restrictions on touch-and-go’s or totally resolve concerns about nighttime multiple approaches. aircraft noise, they can be indiscriminately harsh. Not only would ! Restrictions on engine maintenance the loudest operations be prohibited, but run-ups. quiet operations by light aircraft also would be banned by a full curfew. Full curfews also deprive the community of Nighttime Curfews And the services of some important Operating Restrictions nighttime airport users. In fact, according to the airport’s consolidated Curfews and operating restrictions can air carrier flight schedule, it is often be effective methods for reducing estimated that such a restriction would aircraft noise exposure around an affect 24 commercial flights scheduled to airport. Since noise is commonly arrive or depart between 10:00 p.m. and assumed to be most annoying in the late 7:00 a.m. Of course, full curfews would evening and early morning hours, restrict access to the airport by Stage 3 curfews are usually aimed at restricting aircraft. Thus, a full Part 161 analysis nighttime operations. However, curfews and FAA approval would be required have economic impacts on airport users,
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