UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON,. t>.C.' 20460

                          July 19,  1974
      I am transmitting the initial draft of a project report dated  .
July 16, 1974, entitled, "Regulation of Airport  Noise".

      This draft has not been formally released by the. Environmental
Protection Agency (EPA) and should not be construed to represent
Agency policy.  Nor should it be construed to represent the official
view of the Office of Noise Abatement and Control.  It is being circu-
lated to interested representatives of government, industry, environ-
mental organizations and the general public for review and comment.

      This project report (as it evolves through sequential drafts
to its final form) should be looked upon as the evolving data base
to support a regulation which the EPA will formally submit to the
FAA as provided for in Section 611 of the Federal Aviation Ac£ as
amended by the Noise Control Act of 1972.  The target date for this
submittal to the FAA is the spring of 1975.
                                                      .'-'"' ""';'/'.
      Your comments on the general thrust and scope;df the development
effort as revealed by this draft are particularly solicited, together
with any views, data, or recommendations which you believe may assist
in the further development of an airport noise regulatory program.
Your comments, in writing prior' to October 1, will be greatly
appreciated.
                                Sincerely yours,
                                       r. Mefer,' Jr
                                                   mini s t r a t or
                                  fowNoise Control Programs

-------
                                       DRAFT
         PROJECT REPORT
  REGULATION OF AIRPORT NOISE
         July 16,  1974
              NOTICE

   This document is a  preliminary draft.
It h"s net bf.r" "vmally released by FPA and
should  not  :•! ' [:, stage be construed  to
represent A.-r:nr.v  ;:oiicy.  It is being circu-
lated for cfti^ment on its technical accuracy
and policy  implications.

-------
                            SUMMARY
        The aviation industry is of immense importance to the United
States;   contributing hundreds of thousands of dollars to the national
economy  by providing a fast, efficient system of transportation. But
aviation  produces noise which is  severely detrimental  to the health
and welfare of millions of individuals.  The result has been an ever-
increasing conflict between  the beneficiaries of aviation and those who
suffer from the noise which it produces.


        To resolve this conflict. Congress has given the Federal Avia-
tion Administration  (FAA) the authority to control aircraft and airport
noise, and has ordered the  Environmental Protection  Agency  (EPA)
to advise the FAA on  how  best to exercise that authority to protect
the public health and welfare. There are three, and only three, possible
types of approaches to the reduction of airport noise impact: reduction
of noise  at the source through changes to aircraft, reduction of noise
at the receivers through changes  in aircraft flight paths and proced-
ures and  reduction of the sensitivity of receivers through changes in
land use. None of these approaches can completely solve the problem,
but some combination of them -- the particular combination depending
upon  the  characteristics of particular  airport environments -- can
bring about a resolution of the conflict between noise and the benefits
of aviation at each airport.
        Other reports by the Office of Noise Abatement and Control
will consider in detail the possible modifications  to aircraft  and flight
procedures  to  reduce noise.   This particular draft  report discusses
the possible approaches to land use  control  to  reduce  airport noise
impact; a procedure by which a noise abatement plan representing an
optimal  set  of noise abatement options can  be  established for each
noise-impacted airport; and  the existing legal  authority with  which
the Federal Government could enforce  such plans.   Based upon the
final report, a regulation  will be proposed to the FAA to bring about
the creation of plans both to ameliorate noise impact at airports where
this nuisance is now present and  also to help prevent the growth of
this problem at airports which do  not presently have  an encroachment
problem.

-------
                           PROLOGUE

    The Noise  Control Act of 1972 (Public Law 92-574)  amended the
Federal Aviation  Act of 1958 to. include  to concept  of "public health
and welfare" among the decisional criteria for regulatory actions and
to define  the  responsibilities  of an  interrelationships  between the
Federal Aviation Administration  and the  Environmental  Protection
Agency in  the control and abatement of aircraft noise and sonic boom.
Specifically, the Noise  Control Act  requires that,  in order  to afford
present  and future relief and protection  to  the public health  and wel-
fare from aircraft noise and  sonic boom, the FAA, after consultation
with the EPA,  -prescribe and  amend  such regulations as the FAA may
find necessary to provide  for  the control  and abatement of aircraft
noise and sonic boom.

    The Noise  Control Act  also requires  that EPA  submit to the  FAA
proposed regulations to provide such control and abatement of air-
craft noise  and sonic boom (including control  and abatement through
the exercise of any of the FAA's  regulatory authority over air com-
merce or transportation or over aircraft or airport operations) as EPA
determines is necessary to protect the public health and welfare.  EPA's
regulatory proposals to the FAA are to  be submitted not earlier than
completion and submittal of the comprehensive  Report to Congress on
Aircraft and  Airport Noise, also required by Section  7  of the Noise
Control Act.

    That aircraft/airport noise  study,  which was completed and  sub-
mitted  to  Congress  in  July  1973, was  required  to investigate the

    1.  adequacy of Federal Aviation  Administration flight and opera-
tional control;

    2.  adequacy   of noise emission standards on new and existing air-
craft, together with recommendations on  the retrofitting and phase-out
of existing aircraft;

    3.  implications of identifying  and achieving levels of cumulative
noise exposure around airports; and

   4.  additional  measures available  to  airport operators  and local
governments to control aircraft noise.

   This study was implemented by a  public task force composed of six
task groups whose product  consisted  of six  task group reports.   The
report to Congress was  developed by EPA staff, following the comple-
tion of the task force effort. 1-7/

   Concurrent with the aircraft/airport noise study, the EPA prepared
a general document of criteria  related to noise and its effects,   8/ as
mandated.by Section  5(a)(l) of the Noise Control Act.  This "criteria
document"  reflects the scientific knowledge most useful in indicating
                                  11

-------
the kind and extent of all identifiable effects on the public health and
welfare which may be expected from different qua"ntitities and qualities
of noise.

    In addition,  as  mandated by Section 5(a)(2)of the Noise Control Act,
the EPA prepared and published in March 1974 a document on the levels
of environmental noise,  the attainment and  maintenance of which  in
defined areas under various conditions are  requisite to protect  the
public  health and welfare with an adequate margin of safety.   9/  It
should be emphasized that the levels identified therein represent  only
one of several  (conflicting)  statutory  decisional  criteria which must
be considered by the Federal  government in  promulgating regulations
concerning noise.

    As a result of the aircraft/airport noise study of 1973, EPA deter-
mined  that an effective program to protect the:  public health and  welfare
with respect to aircraft noise would  require  the  development by EPA
and FAA and promulgation by FAA of three  complementary types  of
regulations,  which taken together form a comprehensive aircraft noise
control program:

    1.  noise abatement  flight procedures;

    2.  noise source emission regulations affecting  the design of new
aircraft and requiring the modification or  phase-out of certain portions
of the existing  fleet;  and

    3.  an airport noise  regulation.

The airport noise regulation is the topic  of the present project report
and associated development program.

    To complete  the  reader's perspective against  which to review this
pro ject report, it should be noted that EPA intends to submit to the FAA
proposals concerning the first two  categories  (flight procedures and
emission regulations) prior to  submittal of the airport noise regulation
proposal.  The specific regulatory topics (under development  at EPA
and FAA) in these two categories are:

    1.  Flight procedures

       a.  Takeoff procedures

       b.  Approach and landing procedures

       c.  Minimum altitudes

    2.  Noise Emission Regulations

       a.  Retrofit/fleet noise level

-------
        b.  Supersonic civil aircraft

        c.  Modifications to FAR 36

        d.  Propeller-driven small airplanes

        e.  Short haul aircraft (including  vertical,  short  or  reduced
 takeoff or landing aircraft)

 Information concerning the status of, and schedule for, the above regu-
 latory topics  at  FAA  and EPA can be obtained by contacting the FAA
 Office of Environmental  Quality and the  EPA Office of Noise Control
 Programs respectively.

    At both EPA and FAA, the development of a noise regulation begins
 with the preparation of a project report, which is primarily a technical
 document incorporating as much definitive information as possible on
 those aspects of regulatory alternatives  which  are necessary to de-
 cision-making.   The  project  report, in  its final form, provides the
 basic input necessary for the preparation of a Notice of Proposed Rule
 Making (NPRM),  which will be the format of each regulation to be sub-
 mitted by the EPA to  the FAA.  Whenever the FAA precedes the EPA
 in proposing a regulation for any of the  above topics  (as is the case
 in several of the aircraft noise regulation topics listed above), the EPA
 project report becomes  the supporting document for the official EPA
 position in the consultation process.

    There are a series of opportunities for public input into the aircraft
 and airport noise rule making process.   On  February 19,  1974, the
 EPA issued a Notice of Public Comment  Period listing the above reg-
 ulatory topics and inviting interested persons to participate in EPA's
 development  of regulatory proposals, by submitting such written data,
 views or arguments as  they  might desire.  10/  For  the airport noise
 regulation,  the official comment period in that Notice closed June 26,
 1974.  However,  public comments are always received  and considered
 by EPA, regardless of official closing dates, up  to such time as they
 can no longer be  effectively considered prior to  the submittal of the
 regulatory proposal to FAA.

    Project reports provide a  more definitive basis upon which, public
 review and comment can be based.  They are circulated to anyone who
 requests to be placed  on the  mailing list for project reports on a spe-
 cific regulatory topic.

    Following the proposal of a regulation by the  EPA to  the  FAA,
there will be  additional opportunities  for public  participation in the
rule making process.   Within thirty days of EPA's submission of a
proposal to the  FAA,  the FAA is required to publish the  proposed
regulation, in a  Notice  of Proposed  Rule  Making,  in the  Federal
Register.   Within  sixty days  after such publication,  the  FAA is
required to commence  a hearing  at  which  interested persons  are
afforded an opportunity,  for oral and  written presentations of data,
views  and arguments.  "Within a reasonable time after the conclusion

                                iv

-------
of such hearing and after consultation with EPA, " the FAA is required
in Section 7  of  the  Noise  Control  Act to  (i)  prescribe  regulations
substantially as submitted by EPA or which are a'modification of those
proposed  by  EPA, or  (2)  publish  in the Federal Register a  notice
that  it is  not prescribing any regulation in response to EPA's submis-
sion of  proposed regulations,  together with a detailed  explanation
providing  the reasons for this decision. There then ensues a dialogue
between the  FAA and EPA, as set forth in Section 7(c) of the Noise
Control Act,  plus the publication by  FAA of an environmental impact
statement. The  final decision on whether to  promulgate a regulation
in a  specific  subject  area,  and the precise nature of the regulation  to
be promulgated,  rests  with the FAA,  or with levels of the Executive
Branch above the FAA Administrator.
                                   v

-------
                      TABLE OF CONTENTS

                                                                   Page
   Summary                                                          i

   Prologue                                                           ii

   Table of Contents                                                  vi

I.  Introduction                                                        1

   A. .The Aviation Industry                                           1

   B.  The U. S.  Airport System                                      2

   C.  Sources  of the Airport Noise Problem                           3

   D.  Scope of the Problem                                           5

   E.  Legal Resources and Ramifications                              6

        (1)  The FAA Act of 1958                                        7

        (2)  The Noise Control Act of 1972                               8

        (3)  The Airport and Airways Development Act of 1970            10

        (4)  Other Agency Participation                                 11

        (5)  The National Environmental Policy Act                      13

        (6)  State and Local Authority                                   13

        (7)  Proprietary Authority                                      15

        (8)  Constitutional Law and Preemption                         15

II. The Solutions Available                                           18

III. The Need For and Objectives of an Airport Regulation               22

   A:  The Need for a Decision Making Process  for Each Airport       22

   B.  Decision Making Through the Economic System                  24

       (i)  The Market  Theory                       '     .            24

       (2)  Applications of the Theory to Airport  Noise                  24

       (3)  Limitations of the Market Theory for  Airport Noise          26

                               vi

-------
                                                                      Page

     C.  Decision Making Through the Political Process                  28
             '           '                          •
         (OTThe Political Process                                      28

         (2)  Complete Decision Making at the Federal Level              29

         (3)  Complete Decision Making at the Local Level                30

     D.  Joint Federal-Local Decision Making feoles                     31

         (A)  Role of the FAA'                                         .  31

         (2)  Role of the Airport Proprietor                              35

         (3)  Role of Local Governments                                 35
             1              i
         (4)  Role of Local and Regional Planning Authorities              36

         (5)  Role of State Governments                                  37

         (6)  Role of the.Environmental Protection Agency  .          .    37

     E.  Enforcement of Adopted Plans                                  38

IV.  The Role of an Airport Regulation in the Total Program and
a Statement of the Process Envisioned                     t              42  ,

     A.  Problem and Approach                                         42

     B.  The Role of An Airport Regulation                              43

         (1)  The Encroachment Classification of Airports                 43

         (2)  Required Application of Noise Units Methodology             43

         (3)  Identification and Implementation of Insignificant Cost
         Options   ,                                .                    44

         (4)  The Determination and Required Implementation of         .
         Cost Effective Abatement Options                 .              45

     C.  The Process i:Invisioned            •                            48

     D.  Technical Assistance from the Federal Government to
     Proprietors, States and Local Governments.                        50

     E.  Relation to Ongoing State/Local Land Use Planning/Control
     and to Federal Decisions Affecting the Airport  and Surrounding
     Communities                                                      51

V.  Alternative  Regulatory Proposals and Evaluation of Their Impacts     55

                                vii

-------
                                                                        Page
  VI. The Recommended Regulatory Program                             57
                                          •

 VII. Footnotes                                                          58

VIII. Appendix

   A. Text of the Proposed Airport Noise Regulation

   B. Relationship to Other Federal Aviation Regulations

   C. Guidelines and Process for Development of Airport
   Implementation Plans

   D. Community Noise  Prediction Model

   E. One Potential Method of Evaluating the Degree of Relief
   to the Public Health and Welfare Afforded by  Any Proposed
   Regulatory Action

   F. Proposed Model legislation for Positive State/Local
   Control of Land Use/ Building Design

   G. The Airports Pilot Project

   H. Monitoring for Airport Noise Control

   I.  Report on the Land Use Control Study

'   J.  Report on the Economic/ Financing Study

   K. Analysis of the EPA Docket
                                   Vlll

-------
                                 -1-


I.  Introduction - The Airport Noise Problem

    A.  The Aviation Industry

        The aviation industry has an appropriate analogy in  the  time-
worn "iceberg" concept. The tip of the iceberg is the airport where the
general public is most often exposed to its normal conception of avia-
tion,  i.e., commercial air carrier operations.  The submerged part of
the iceberg, of which the public is often unaware,  consists of a multitude
of manufacturing enterprises and service  organizations  which  are an
integral part of commercial, general and military aviation.  The avia-
tion industry is a major employer.    In 1970,  employment in   com-
mercial aviation was  349,000 persons and that  employment induced
for its suppliers was estimated at nearly 103, 000 persons; in addition,
about 645, 000 individuals were  employed in the manufacture of civilian
aircraft,  engines, and parts. Another 500, 000 persons may have been
employed by other  industries as a result of indirect investment gen-
eration, if

            The facet of the total aviation industry which is of greatest
concern to this project is transportation  and  other  public  services,
e.g., scheduled carriers,  commuter (scheduled) airlines,  charters,
corporate/executive  aviation,   personal business aviation,   personal
non-business aviation and specialuses.  A brief description of the sev-
eral classes of aviation activity is presented below.

        (1) Scheduled Carriers --   Scheduled carriers satisfy the bulk
of public needs for air transportation on the high  density routes.  The
domestic  trunk and regional airlines carried 156 million passengers
between 479 points in 1970;  this was accomplished with less than 2000
aircraft,  each of which was operated  more than 3000 hours per yea.r.2]

        (2) Commuter (Scheduled) Airlines --   In 1970,  the  161  small
local  airlines  flew  690 aircraft an average of 1000 hours per year and
carried 4.5  million passengers between  404  airports,  of  which 174
airports were served by them exclusively.

        (3) Charter  -- Charter  services are being performed by  sche-
duled airlines,  supplemental airlines (using about 150 large  jet trans-
port aircraft)  and by about 1900 air  taxi operators who use about 3600
aircraft. 3/  Supplemental  airlines meet special  needs  and air taxis
provide flexible commercial service throughout the nation,  filling the
gaps left by the scheduled carriers.

        (4) Corporate/ Executive Aviation -- To accomodate the  needs
of business,  20, 000 professional pilots and nearly 7000 aircraft are
employed  to  extend the capabilities  of middle  and upper management
of many major  corporations.  The corporate/executive ileet  is tending
toward large aircrai'tand more and more  toward jet aircraft, i. e. , the
"biz jet".   A majority of the corporate fleet is based at the tower con-
trolled airports. 4/

-------
                                -2-
        (5) Personal Business Flying -Personal business flying is simi-
 liar to corporate/ executive aviation in-purpose; however, the aircraft
 are smaller and the principal traveler is also the pilot.  .Nearly 30, 000
 aircraft  are operated in  this category  and only about one-third  of
 these aircraft are based at the tower controlled airports.

        (6)  Personal Non-Business Flying -- This encompasses flying
 for personal or recreational purposes. There is a great deal of cross-
 over between   personal  non-business .flying and business flying and
 the FAA uses the aircraft owner's declaration of primary purpose  to
 differentiate between uses.  Personal non-business aviation includes
 about 63, 000 aircraft.

        (7) Special Uses  --  About,  one third  of  general  aviation flying
. is Tor special   purposes such as  training,  security (police  and  fire,
 etc. ), industrial services (survey and mapping, pipeline patrol,  etc. ),
 and recreation and sport.                              j
                                                       i
                                                       i
        The aircraft noise  problem is most often associated with two
 classes of aviation activity, the scheduled air carriers and corporate/
 executive aviation..  This is  to be  expected since air carrier and  some
 corporate/executive   aircraft are the larger  and  noisier airplanes.
 Further, in order to perform their mission, these aircraft are usually
 operated from airports  which are located in areas of high population
 concentration.

        In 1973, the U.S. Air Line Fleet consisted of  2,583 aircraft
 of which  2, 569 were turbine powered and 811 were 4  engine turbojet
 powered, 759  were 3  engine turbojet powered and 548 were 2 engine
 turbojet powered. 5j 6/  As of the same time period, there were nearly
 1, 700 turbine powered corporate/executive  aviation aircraft in oper-
 ation.  (All  of the  figures  quoted above  are  exclusive of aircraft  of
 foreign registry which may operate to and from U.S. airports.)  As of
 December 31,  1972, there were  267  jet transport aircraft on order by
 domestic carriers; the value of these orders is  in excess of 3. 6 billion
 dollars.  7/

    B. The U.S. Airport System

        An airport is the interface between  the air and ground trans-
 portation modes.   It  is  also  one of the most complex elements of the
 "aviation system", because it is the operation meeting ground for  many
 of the regulatory  policies which impact on  and control aviatiom  The
 FAA lists more than 12, 000 airports,  heliports and seaplane bases, but
 public interest  questions are  centered on only a small portion of the
 total airport listing.   Of the more than 7,000 airports which are open
 to the public,  certificated  carriers serve only about 500 and slightly
 in excess of 3, 000 facilities are part  of the National Airport System.

        The National System of Airports consists  of those public,  civil
 and joint use (military/civil) airport facilities within the United States

-------
                                -3-
and its territories which are considerednecessary to provide an airport
system which can anticipate and meet the needs of1 civil aeronautics. 8/
The configuration of the National System of Airports is, by law, perio"-
dically identified by the FAA.

       Although  the U. S.  has about 4000 airports which are capable
of accomodating some kind of reliable, scheduled  air transportation,
a full 70 percent of all enplanements are now handled by only about 27
facilities. 9/  In  1972, -the  Aviation Advisory Commission set about to
determine~the length of time that planned improvements could delay
saturation at  major  U. S.  Airports.  Under the  most optimistic of
scenarios, the Commission determined that 23 out of the 27 of the coun-
try's busiest airports would become saturated  sometime  between now
and the year  2000  if their growth  were not constrained.  The  U. S.
airport system is thus  made up of a large number of airports, but the
majority of aviation activity is concentrated at a very small number of
airports.  The lack of great volumes of traffic at most airports does not
make them   any less important to the National System of Airports,
rather, it just serves to focus attention on those heavily used airports
which now have  or may soon have, major environmental problems.

   C.  Sources of the Airport Noise Problem

       Three basic factors have caused  the aviation industry to become
associated with a rapidly escalating noise impact problem:

       First, the number of aircraft operations  at many major airports
       has multiplied far beyond anything that  was imagined when the
       airports  were originally established.   Airports such  as Wash-
       ington National,   Boston-Logan,  and  Wold-Chamberlain  (Min-
       neapolis-St.  Paul), for example,  were located  in  the 1920's
       and 1930's to provide their communities with the closest,  most
       convenient service possible on the limited  air carriers of that
       era.  Those locations  were  perfectly compatible with the sur-
       rounding area with  the limited number and type of air operations
       for which they were envisioned;  but they have become  gradually
       less and  less compatible over the years as  the level of opera-
       tions has increased.

       Second, the noise impact took a quantum leap with the introduc-
       duction of commercial jet aircraft in the early 1960's. Communi-
       ties which never noticed the noise  of propeller-driven aircraft
       were suddenly subjected to the impact of jet noise since then as
       commercial and, more recently, business jet operations  have
       been spread to an ever-growing  number  of airports.

       Third, many airports,  such  as  Los  Angeles International and
       Chicago  O'llare, were  farsightedly located at an adequate  dis-
       tance from population centers but have since become encroached
       by new land developments. In part, this is due to the general growth
       which all urban areas have experienced over the last generation.

-------
                                -4-
       v But in large part it  is also due to the  development pressure
       brought  about by the airports  themselves.    Airports have
       become major centers of employment  and economic activity as
       well as transportation. Except for noise, the areas around them
       are often prime  prospects  for residential and other  develop-
       ments because of:

             (1)  Proximity to air transportation, and to the employ-
             ment and economic activity which it generates.
             (2) The  usual location of airports in the flattest, most
             easily developed areas.
             (3) Availabilty of ground transportation, sewer, and other
             facilities installed to serve the airport.
             (4) Proximity  to the urban area  which  the airport was
             established to serve.

       It is often stated, with  some justification, that encroachment
of incompatible development around airports should have been prevent-
ed by land use control authorities.   But the problems of both encroach-
ment and emissions present difficult dilemmas  to the decision makers
responsible for their control at the local level.  On the one hand, local
land use decision makers have the duty and responsibility to consider
many factors in addition to noise in the development  of land use plans
and imposition of requisite land use controls,  the most important of
of which include fiscal solvency, the potential  effectiveness of selected
powers granted by restrictive state charters, and the constituents. The
decision as to whether a particular tract of land should be developed,
and the uses  for which  it  is best  suited is complex and justifiably
political. The development may provide much needed housing, a more
diversified  economic  base,  or a very  favorable revenue/cost ratio
capable of alleviating a continuing burden on the public fisc.  Within.
an economic trade area, restrictive policies in one jurisdiction will
generally displace development to a jurisdiction with less restrictive-
policies.   Entrepeneurs engaged  in diversified development can exert
considerable pressure on local decision makers,  i.e., restrictive poli-
cies toward residential  development can result  in the displacement
of tax rich commercial office and retail development to competing jur-
isdictions, not to mention the more obvious direct political pressures
which may be applied.

       The dilemmas  are aggravated by  the fact that most major air-
ports are owned and  operated by a number of political jurisdictions
separate from many of  the  communities which  are impacted by their
noise.  Noise from O'Hare International Airport , which is owned and
operated by  the City of Chicago,  impacts Chicago  among  the least
of the scores of communities  which it affects.  Noise from Los Angeles
International Airport  affects  the  City of Los Angeles much less  than
it does communities  adjacent to the airport such as Inglewood. Such
communities sometimes  argue that it is unfair to  expect them to restrict
their growth and development because of another jurisdiction's airport.
And whether this  is "fair"  or not, such  communities could well point

-------
                                -5-
out that  in many cases  they  could not have  adequately  planned  their
development  around the airport because they had no way of predicting
(much less controlling) the rapid changes  in the nature and  scope of
airport  operations which have taken place.  Finally,  effective land use
control  around airports has been divided among many competing jur-
isdictions affected by the airport.

    D. Scope of the Problem

       One contemporary measure used to describe the magnitude of
the aviation noise problem is the number of people exposed to some par-
ticular  level  of  an equally particular noise scale.  Although highly
detailed  estimates of impacted population,  on a national basis, are not
available, gross estimates do  exist. For example, consider the following
data:

             Number of People  (in millions) exposed to Day-Night
              Average Sound Levels, due to Aircraft operations,
                       above the Stated Value 10/

    Day-Night Average                              Number  of People
    Sound Level,  dB                                  Exposed

    60 dB and above                                   16. 0
    65 dB and above                                     7. 5
    70dB and above                                     3.4
    75 dB and above                                    1. 5
    80 dB and above                                     . 2

       It should be noted that in Reference 10, it  was also stated that
complete elimination of aircraft noise in the urban  area will still leave
a large  proportion of the population  exposed to  high levels  of  environ-
mental noise unless control of  non-aircraft noise sources is also ob-
tained.

       Additional data on the magnitude of the impacted population will
be available this year from the DOT1 s Airport Noise Reduction Forecast
Program. This study considers 23 major airports and addresses the mag-
nitude of the impacted  population to a very fine level of detail. How-
ever, the results for  23  airports cannot  directly  be used as a proxy
for the magnitude of the national impact problem.  Additional work is
needed to determine a basis for estimating the impacted population
around the thousands of small airports which are part of the total U. S.
system of airports, especially  those facilities which do  not receive
scheduled air carrier service. As noted elsewhere in the this document,
only about 500 out  of roughly 12, 000 airports  receive  scheduled  air
carrier service and  about two dozen of the 500 handle about 70% of all
enplanements.   This highly centralized distribution of activity gives
rise to  the  following  thought:   Even though the impacted population
around smaller airports may be very small,  there are so  many small
airports,  that, on a national basis, the total  population impacted by

-------
                                 -6-
small airports may be  very large.  In an attempt to determine  the
magnitude of the impacted population around all airports, the EPA has
embarked on a program to develop an estimating technique which is app-
licable  to all  classes of facilities.  The estimating technique is.a two
part effort:  (1)  estimate the land area  which is  impacted by aircraft
noise, as a function of airport activity levels,  and (2) estimate the pop-
ulation  density in the areas around  the airport, as a function of urban
form, distance from airport to population center, etc.

       One often cited  symptom of the airport noise problem is  the
almost complete stoppage of airport expansion in the more heavily pop-
ulated parts of the country.  Hand in  hand with the halting of airport
expansion is the increasing level of pending noise litigation against air-
ports and the increasing value of  noise  litigation settlements.

       The problems of specific  airports, i. e., their own  impasse,
range from  organized complaints to billions of dollars of litigation.
For example,  noise suits involving  Los Angeles  International Airport
(LAX) have  a  total approximate  amount in prayer of complaint of  4
billion,  800 million dollars and  the amount of  potential liability from
all actions against LAX, those completed and those pending, is esti-
mated at  2 billion,  500 million dollars, ll/  While LAX is probably  the
most  sued of all U. S. airports, it is not "alone and one has good reason
to expect  that, as in many other environmental  matters,  as California
goes, so goes the country.

       Other than suits  to recover  damages,  the public  concern about
the environment has manifested  itself  in a whole  new attitude about
airports.   For example, in Minneapolis-St. Paul recent candidates  for
posts on the Twin Cities' Metropolitan Airport Commission were cam-
paigning on  a platform  that recommended  closing down the airport
altogether.  This is  a harbinger of the real impasse which is yet to
come --a desire on the part of the  public to eliminate airports which,
accordingto someone's perception,  are not compatible with the comm-
unity  without any consideration of maintaining  the levels of transpor-
tation service which the  airport provides to the community.

    E. Legal Resources  and Ramifications

       Prior to  exploring alternatives and implementation strategies
of a proposed  airport noise regulation,  it is appropriate to examine
the relevant statutory and  case  law  upon which the regulation  will
largely  depend.   The applicable statutes are  the Federal Aviation Act
of 1958, as amended,  the Noise Control Act of 1972, and the Airport
and Airway  Development Act of 1970.   Though the general mandate of
the EPA in reference to noise control is covered by the Noise Control
Act, when the area of concern shifts to aircraft and airport regulation,
the Federal  Aviation  Act is the  more pertinent and commanding sta-
tute.  12/  Enacted  in 1958, this act  has been amended several times.
Cognizance of the  Federal Aviation Agency  (FAA) perspective must
be  taken at  this  point,  however, for under its mandated  author-

-------
                                 -7-
ity,  noise abatement is only a single factor of many that must ^t con-
sidered.   A chronological examination of the 1958 Act and  its amend-
ments will serve the dual purpose of clarifying the content aud illustra-
ting the trend of the law  in these matters.  For a more detailed ex-
plication of this discussion see the Environmental Protection Agency's
Aircraft/Airport Noise Study Report,  "Legal and Institutional Analysis
of Aircraft and Airport Noise and Appointment of Authority  between
Federal,  State  and Local Governments,"  NTID 73.2 (July 27, 1973).

    (1)  The Federal Aviation Act of 1958

       The Federal Aviation Act  of  1958  (49 U. S. C.  1301,  et  seq.,
Public Law 85-726) is the statute under which the Federal Government
regulates air commerce.  Title III sets  out the FAA Administrator's
general  powers and duties.    Title IV  sets  out the  Administrator's
powers and duties related  to safety.

       Under Title III, the FAA Administrator has power to "prescribe
air traffic  rules and regulations governing the flight of aircraft ... for
the protection of persons and property on the ground ..." (Section 307
(c)). The FAA  has stated that it  "considers (its) statutory authority
(under section 307 (c)) ad equate to prescribe rules restricting the pollu-
tion of the airspace  by  aircraft engines when that  pollution has an
adverse  effect upon persons and property on the ground" (35 Federal
Register 5264, March 28,  1970). This authority would logically extend
to noise pollution of the airspace by aircraft engines.

       Section 302 (a) of this  title states that no Federal funds of any
sort shall  be  expended upon  the construction or operation of landing
areas or facilities except  upon the written certification of the Admini-
strator.  Section 309 states that even if no Federal funds are expended,
no landing  facility shall be established or altered without  giving prior
notice to the  Administrator,   pursuant  to regulations prescribed by
him. 13/  The Airport and Airways Development Act (AADA), by way of
an  a~mendment  to  the  1958  Act,  elaborates  upon this certification
procedure.  The AADA  amendment states  that every  airport  serving
civil air carriers must obtain an operating certificate  from the  FAA,
the criteria including but  not limited to "such terms and conditions as
are reasonably  necessary to assure safety in air transportation. " 14/
The Administrator's power to certify  an  airport is explicit and exclu-
sive --as was  the intent of Congress at the time.  A more pertinent
question for the purposes of this report is by what criteria does the
Administrator issue the certification.

       In the original 1958 Act there  are two sections whi •]-  \»e par-
ticularly relevant here.  Section 307(a) states that "The Ac'rcr-nstrator
is authorized and  directed to  develop  plans for and  formulate policy
with respect to  the use of the navigable airspace ...  as he may  deem
necessary  to order the safety of the aircraft  and the efficient utiliza-
tion of such airspace. " 15/  Aircraft  safety and airspace regulation is
the area in which the FATThas its primary mission.  The second rele-

-------
                                -8-
vant section,  Section  307 (c), states that the Administrator is directed
to prescribe air traffic rules for, inter alia, the protection of persons
and property on the ground. "16/  Pursuant to these guidelines,  the FAA
has issued regulations concerning noise abatement in the form of takeoff
and landing restrictions. One of the first airports so regulated was J.
F. Kennedy Airport,  with all airports with FAA operated control towers
following in 1967.

       It is clear from  the above that as  originally passed  Title III
of the 1958 Act  authorized  and  directed  noise abatement procedures
under air traffic rules and flight regulation authority.   Title VI of the
same act,  encompassing the general  FAA  safety powers and duties,
was not  so explicit in reference to noise abatement.  It was not until
the addition of Section 611  ten years later that any mention was made
of noise  abatement under this title.  (Section 611 was added by Public Law
90-411. )

       The purpose of Section 611 is to  "afford present and future relief
and protection to the public from unnecessary aircraft noise ..."  The
mechanism to achieve this relief  and  protection is the prescription by
the .FAA Administrator, after consultation with the Secretary of Trans-
portation,  of "standards for the measurement of aircraft noise" and
the "prescription of such rules and regulations as he may find neces-
sary to provide for the control and abatement of aircraft noise ..."
The FAA Administrator  is authorized to apply "such standards, rules
and regulations in the issuance,  amendment, modification, suspension
or revocation of any certification authorized by this  Title (VI).'

       The 1958 Act  was  further amended by the  addition of a  new
Section 612 in 1970 (Section 612  was added by  the AADA, Public Law
91-258).  Section 612 authorized the FAA Administrator to issue airport
opera tin c>: oertlfi rates  to airports serving air- carriers certified by ti-e
C'ivil Aeronautic :-j  Board.   As no.ed,  Section  611 authorized the FAA
Administrator to  apply "standards  for the measurement of aircraft
noise" and "such  rules  and regulations as  he may find necessary  to
provide for the control and  abatement of aircraft noise" in the issuance
of any  ccrtifi.-ato  auirorized by  Title VI.   Such  rules and regulations
may be applied to  airport operating certificates as well as to other cer-
tificates  (airmail certificate, aircraft type certificate, production cer-
tificate,  air agency certificate) authorized by Title VI.

   (2) The Noise Control Act of 1972

       Until the Noise Control Act (49 U. S. C. A. 4901,  et seq., Public
Law 92-574) was  passed  in 1972, EPA  was not directly involved  in
aircraft  noise regulation.   By the passage of the Noise  Control Act,
Congress instructed the EPA, inter alia, to study and make recommen-
dations concerning aircraft and airport "environmental noise conditions.
It was the  stated policy of Congress  to promote for all  Americans an
environment free  from noise which jeopardizes their health and wel-
fare.  Though  the  rolu of the local  and state governments in this area

-------
                                -9-
is significant, "Federal action is essential to deal with the major noise
sources in  commerce,  control of which requires national  uniformity
of treatment. "  IT/  Congress was clearly concerned with the aircraft
noise problem, for though the means were available to control the prob-
lem (as shown below), the airport noise problem was persisting.  Section
611 of the 1958 Act  was modified by  Section 7 of the NCA from  "relief
and protection to the public from unecessary noise" to "relief  and pro-
tection to the public Health and welfare from aircraft noise".  No long-
er is it sufficient to protect the public from unnecessary noise; relief
must be such  as to protect the public health and welfare. This crucial
shift  in criteria was  evidentiary of  Congressional concern with the
public health and welfare.

       The  initial responsibility of the EPA under the Act in regards
to aircraft and  airport noise was  to conduct a  study  of the adequacy
of the  FAA operational controls,  noise emission standards, airport
noise levels, and additional measures available to state and local gov-
ernments to regulate air craft noise. This study has been accomplished.
18/ In order  to determine the levels that  are  necessary to protect
tEe public health and welfare, Congress required the EPA Administra-
tor to "issue criteria with respect to noise" and to "publish information
on the levels of  noise the attainment and maintenance of which in  de-
fined areas  under various conditions are requisite to protect the public
health and welfare  with  an adequate margin of safety. "   EPA has ful-
filled that requirement by publishing two documents, the "Criteria Doc-
ument" and  the "Levels Document". 18_/

       The  "Levels Document" states:

       "The levels of environmental noise identified in this report pro-
       vide the  basis for assessing  the effectiveness  of any noise
       abatement program.  These noise levels are identified irrespec-
       tive  of the nature of any individual noise source. One of the pri-
       mary purposes of identifying environmental  noise levels is to
       provide  a basis  by  which  noise source emission regulations,
       human exposure standards,  land use planning, zoning and buil-
       ding codes may be assessed as to  the degree with  which they
       protect the public health and welfare with respect to noise. Such
       regulatory action must consider technical feasibility and eco-
       nomic  reasonableness,  the scale of time over which results  can
       be expected, and the specific problems of enforcement.  In the
       process of balancing   these  conflicting   elements,  the  public
       health  and welfare consequences of any specific decision can be
       determined   by  comparing  the  resultant noise environment
       against the environmental noise levels identified in this  report."

       Congress desired that   EPA,  after completion of these studies,
enter into a  cooperative  relationship with the FAA in the development of
aircraft  and airport  noise regulations.   Thus,  Section  7 of the Noise
Control Act  requires EPA to 'submit to the FAA proposed regulations
to provide such  control and  abatement of aircraft  noise and sonic boom

-------
                                 -10-
(including control and abatement through  the  exercise  of any of the
FAA's regulatory authority over air 'commerce or  transportation or
over aircraft or airport operations) as EPA determines is necessary
to protect the public health and  welfare. "   The  FAA must  publish
such proposed regulations in a notice  of proposed rulemaking within
thirty days of the receipt from the EPA; and must commence a public
hearing on them within sixty days.  Within a  reasonable time thereafter,
FAA must either prescribe  the regulations substantially as proposed
or as modified by EPA, or  publish in the Federal Register a notice
that it is not prescribing the regulations together with a detailed expla-
nation of the reasons for that decision. The Act then goes on to set out.
formal mechanisms  to insure continuing interaction between FAA and
EPA.

      No proposed standards or regulations may be prescribed, how-
ever, without consideration  of whether they are "consistent with the
highest degree of safety in air commerce or transportation in the public
interest", and "economically reasonable,  technologically practicable,
and appropriate for the particular  type of aircraft,  aircraft  engine,
appliance or certificate to which  it  will  apply" in addition to  other-
factors.

    (3)  The Airport  and Airway Development Act of 1970

       The Airport  and Airway Development Act of 1970  (49 U.S. C. A.
1701, et seq., Public  Law 91-258) provides for Federal aid to airport
development  projects  (which include  the  location of an airport, an
airport runway or a runway extension).   Encompassing the process of
application, hearing  and  approval at  all  levels for airport develop-
ment projects is the declaration of national policy that "airport develop-
ment projects ...  provide  for the protection and enchancement of the
natural resources and the quality of the environment of the Nation."
The Secretary of Transportation may not  approve an airport develop-
ment project found to have an adverse environmental impact unless he
has issued a written statement that there  is "no feasible and prudent
alternative" and that "all possible steps have been taken to minimize"
such adverse effects.

       Thus, an airport development project may  not be approved if
there is  an adverse effect on the "noise environment" unless there is
"no feasible and prudent alternative" and that "all possible steps have
been taken to  minimize" the noise  impact.  As indicated in Citizens
to Preserve Overton Park vs.  Volpe  (401 U.S. 402, 1971),   a  case"
involving a similiar  requirement under  Section 4(f) of the Department
of Transportation  Act,  the Secretary's actions will be subject to  sub-
stantial judicial inquiry.

       Even if a project satisfies the needs of the local environmental
conditions, it  must  also meet Federal  substantive, standards.  Section
I6(a) requires that all proposed development be "in accordance  with
standards established by the Secretary, including  standards for site

-------
                               -11-


location  (and)  airport layout  ...."   This allows DOT/FAA to pre-
scribe standards for airport location,  layout and improvements based
on noise considerations,!

       Section 18, preserving a requirement of Federal law since 1964,
provides that prior to approval of an airport development project the
Secretary must have   received satisfactory written assurances  that
"appropriate action, including the adoption of zoning laws, nas been or
will be taken,  to the extent reasonable, to restrict the use of land  ad-
jacent to or in  the immediate vicinity of airport operations. " The  Act
further states  that "No airport development project may be approved
by the Secretary unless he is satisfied  that fair consideration has been
given to  the interest  of communities in or near which the project  may
be  located. "19/  ' "Fair  consideration" shall be  based  upon criteria
designed to  "provide  for  the protection and enhancement of the natural
resources  and the quality of the environment  of this nation. "  This
language allows the issuance of land use guidelines for sponsors based
in part on noise consideration.                            :

       The  statutes above construct a  firm foundation for the formu-
lation of airport and air craft regulations in regards to noise abatement.
The 1958 Act insures  the FAA Administrator the power toicertificate
airports and aircraft,  and delineates quite clearly that one of the major
factors  to be considered  is noise impact.   The Noise Control Act  de-
monstrates Congress's concern that consideration of the effects of noise
be taken by all  Federal agencies in their planning procedures.   The
Noise Control Act  also mandates the EPA to1 create recommendations
for aircraft and airport regulation and requires a prompt and formal
consideration by FAA of these recommendations.  The  AADA has its
most  significant impact through its comprehensive emphasis upon con-
sideration of environmental effects and land use planning.  |
                                                         I
                                                         I
       The trend of the law has been to  focus more attention and  give
greater weight to consideration of the secondary effects of the aircraft
industry, i. e., upon people and property that are not directly involved
as either proprietors or users.  From the initial mandate of the  1958
Act, primarily concerned with aircraft safety, the emphasis  has  slowly
been shifting to  encompass many non-safety concerns.

    4. Additional Agency Participation

       Six other Federal agencies or departments also have authority
to act in the area of aircraft/airport noise.  The first is NASA, which
has the  authority to undertake research and development to abate  air-
craft  noise at the source and to propose the results thereof to the FAA
for incorporation in the- Federal Aviation  Regulations.  Such research
and development includes not only hardware items,  design changes  and
model development, but'also the software of noise abatement operating
procedures.

-------
       The second Agency is the Civil Aeronautics Board (CAB), whose
primary responsibility is to regulate the .economic aspects of the air-
line industry.  Though there is no explicit requirement in the  enabling
legislation fo.r CAB to consider the environmental  impact of its  de-
cisions, under NEPA this  consideration has been mandated.   Board
functions include the issuance of certificates of public convenience and
necessity authorizing an air carrier to engage in air transportation,
the approval of mergers, and the regulation of air fares.

       The third Federal entity is the Department of Housing and Urban
Development (HUD), which  has the authority and expertise  to plan for
and  contribute  to compatible  land use in noise affected areas adjacent
to airports and to advise on noise-resistant building constructions.

        The fourth is the Department of Health, Education, and Welfare
(and the National Institutes of Health),  which conducts research on the
health effects of  noise.   Fifth is the Department of Defense, which
has a continuing program for compatible land use at military airports
and which conducts research and development on technology  for quieter
aircraft and  a certain amount of  research on health effects of noise.
Sixth is  the  Department of Labor,  which,  through the Occupational
Safety  and Health  Administration,  is authorized to  promulgate rules
concerning the levels of noise in the working area of employees, in-
cluding those of an airport  or an airline, whether their noise exposure
occurs within or outside the aircraft.

       HUD has  taken action which  will be helpful  in the control of
airport noise at the receiver.   The HUD legislative authority contains
no explicit provision  mandating that HUD  adopt regulations designed
to protect the public health and welfare from aircraft noise.  However,
the Department of Housing  and Urban Development  Act of 1965  (42
U.S.C.A.  Section  3521,  et seq.,  Public Law 89-174), which  created
HUD,  And  The National  Environmental  Policy Act  of 1969 implicitly
provided authority for HUD to act.   The  Department of Housing and
Urban Development' Act declares that the general welfare of the nation
requires  the  "sound development of the  Nation's  communities  and
metropolitan areas. "  The  Secretary was given the  authority to adopt
such rules and regulations as  were necessary to carry out the purposes
of the  Act.   The  National Environmental Policy Act of 1969 required
all Federal agencies to develop  procedures  to carry out the purposes
of NEPA.

       In July of 1971, HUD  promulgated Circular 1390. 2,  which estab-
lished  noise  exposure policies and  standards to be observed  in the
approval or disapproval of all HUD  projects.  The  Circular cited the
Department of Housing and  Urban Development Act and NEPA as auth-
orities.   The  Circular covers assistance  for planning, funding new
construction, and rehabilitation  of existing  structures. To  be eligible
forplannuig assistance, projects are  required to take  sufficient consid-
eration ft noise exposures and sources of noise so as to assure that
new  housing and other noise sensitive accommodations will not be planned

-------
                                 -13-
 for areas whose current or projected noise exposures exceed the stan-
 dards of the  Circular.  All forms of HUD assistance are prohibited
 for new dwelling units  on sites which have or are  projected to have
 unacceptable  noise exposures.  The Circular also provides that HUD
 is to encourage modernization of existing  buildings for noise purposes
 so long as  such modernization does not  extend the  useful  life  of the
 life of the buildings.

 5.  The National Environmental Policy Act (NEPA) of 1969

        Superimposed on all Federal regulatory programs  and  major
 actions is  the National Environmental Policy Act of 1969 (42 U. S. C. A.
 Section 4321,  e_t  seq., Public  Law 91-190), which provides that  ". .. to
 the fullest extent possible,  .  .  .  the policies, regulations and  public
 laws  of the United States shall be interpreted  and administered  in ac-
 cordance with the policies set forth in  this Act. "   This directs  all
 agencies,  such  as the  above  cited  Civil  Aeronautics  Board, to for-
 mally consider the  environmental  impact  of a decision  even though
 there is no requirement in the relevant enabling legislation with refer-
 ence  to  environmental   concerns.    This formal  consideration  of
 environmental factors may often require the formulation of an Environ-
 mental Impact Statement (EIS).  The EIS  is  designed to illuminate all
 facets of the agency decision making process, develop all possible envi-
 ronmental impact that  will proceed directly or indirectly  from the
 proposed action,  and examine all possible alternatives  to the  action
 that might  have  different environmental impact.

       In the  instant case, all agencies  that have some impact upon
 the lands  around  airports that are  affected  by aircraft  noise  have a
 duty of strict compliance with NEPA.   Though the  degree of  impact
 and the possible solutions will still prove difficult for all concerned
 to assess and formulate,  NEPA  provides that  all  Federal agencies
 will "use all practicable means to ... assure for all Americans safe,
 healthful,   productive,  and  esthetically  and culturally pleasing sur-
 roundings. "

 6.  State and Local Authority

       To various extents, airport  noise control efforts have been taken
 by state  governments,  local  governments, and  airport  proprietors.
 The power of the state and local  governments to  control noise is  de-
 rived from  the police powers.   The power of the proprietor to control
 noise is derived from his status as lessor.  In most instances, airports
 are owned  and operated by governmental  bodies,  in which case,  the
 police and proprietary powers  might be held to have commingled.

       Conceptually, aircraft  noise can  be  controlled at  the  source
 and at the receiver;  theoretically, control can be exercised at both
intervention points by proper authority. Legally, the power of a govern-
 mental entity  to  intervene to control noise at the source  through its
police power has been circumscribed by Federal preemption.

-------
                                -14-
       A series of  court  cases,  culminating in City  of  Burbank vs.
Lockheed Air Terminal,  Inc.,  (411 U. S. 624, (1973)),  has established
the preemption of local governmental control of aircraft noise at the
source.   Locally  imposed minimum overflight altitudes were held in-
valid in Allegheny Airlines,  Inc. vs. Village of Cedarhurst   (238 F.
2d 812  2d Cir., 1956), and American Airlines vs. City of Audo5on Park
(407 F.  2d 1306,  6th Cir.,  1969).   A locally imposed  maximum noise
limit for overflying  aircraft  was held  invalid  in American  Airlines
vs. Town of Hempstead (398 F.  2d Cir., 1968, cert, denied. 393 U.57
1017 (1969)).  A locally imposed curfew was  held invalid  by City  of
Burbank vs.  Lockheed Air Terminal,  Lie., supra.   The  essence  57
each case was  that the attempted controls either directly  or indirectly
affected  the flight of aircraft, which is controlled  exclusively by the
FAA under  the Federal   Aviation Act of   1958.  The impact of the
decisions is  that control of aircraft noise  at the source by state and
local governments under the police power is invalid.  However, the abil-
ity of the airport proprietor, as a lessor, to control noise at the source
is unclear.   The Burbank opinion left open the power of the airport
proprietor to impose a curfew.
       Given the relative lack of success  of  enjoining the operations
of a noisy airport, nearly all  other case  law concerns either constitu-
tional "taking  or "damaging".  The landmark case  is  Griggs  vs.
Allegheny County (369 U. S.  84 (1962), which held that the local govern-
mental authority, i.e.,  the airport owner, was  liable for taking the
aviation  easement  on the  directly overflown  property.   Other cases
have found that overflight was not necessary for liability for "damaging"
property.
       While  control  of  aircraft noise at the source  by  state and
local governments is invalid if an exercise of the police power,  control
of aircraft noise at the source by state and local  governments is valid
if accomplished as a part  of an FAA regulatory plan.  Further, local
control of airport noise by intervention at the receiver is clearly not
preempted and need not be done under Federal auspices.  Such inter-
vention is in the  form of land use and building design controls.  Aside
from the three land use measures that have been traditionally available,
several states have adopted an advanced and comprehensive approach
to assure  that there is some regional control over the area adjacent to
airports other than the zoning authority.
       Minnesota,  for example,  has adopted  an Airport Zoning Act
(Chapter  III,  1969  Session Laws) that establishes state  and  regional
airport neighborhood planning agencies.   These  agencies are respon-

-------
                                -15-


        .  .           I
 sible for  determining incompatible land use boundaries and for pro-
 mulgating land use regulations that preclude development of incompat-
 ible uses  and encourage  the  conversion to  compatible uses in airport
 affected areas.   California  also  has adopted a  comprehensive land
 use planning program for airports (Title 4, Cal.  Bus.  Reg.  Section
 5000 et. seq. ).   The point to be made on the basis of the approaches
 taken~T5y  these  two states  is  that compatible land use  can normally
 be achieved only if a regional procedure is adopted so that there will
 be the necessary and  uniform jurisdiction over all noise affected land
 surrounding the airport.

        In states where comprehensive regional planning has not been
 or cannot be adopted under applicable state law, control of the impact
 of noise is dependent upon more traditional controls. The first con-
 sists of the zoning ordinances, to exclude incompatible uses in noise
 impacted  areas.   The second consists of a.governmental unit acquisi-
 tion of  property  by condemnation  or purchase and the  imposition  of
 (similar type) limitations in its capacity as-ewner.  And the third con-
 sists of imposing  soundproofing requirements  on residences  located
 in noise sensitive areas.

 7.  Proprietary Authority

        Port of New York  Authority vs. Eastern Airlines  (259 F. Supp.
 745 (E.D. N. Y. 1966)), upheld the  right  of the proprietor to prohibit
 the use of a  new runway until a second  runway was completed.   The
 Port Authority has  also  been able to withhold permission to  use  its
 airports from aircraft that produced more than 112 PNdB.  The impact
 of Bur bank on these  restrictions is not clear.   The airport operator
 may still  be  able  to place  conditions in its leases and contracts with
 airport tenants  (including airlines) upon the use of airport property.
 Such restrictions may include restrictions on the types of aircraft which
 may use the airport, number  of operations per day per lessee, hours
 of operation of the airport and noise limits to be complied with.

 8.  Constitutional Law and Preemption

        Under the  Constitution,  Congress has  the power  to regulate
interstate air commerce.  There  are facets of air commerce,  how-
 ever, that have been regulated by the states and have not been regulated
by the Federal Government.  The  question  that arises in regards  to
 state regulation  of an interstate industry is whether or not the state
 regulation places undueburden on interstate commerce. The Supremacy
 Clause holds the  Federal Government supreme  in interstate matters
and has been interpreted to mean  that  where Congress has acted or
where'it has provided for Federal regulatory action, the "area" covered
is said  to be  "preempted"  so as to preclude any state or local action
that conflicts witli  the Federal action.

-------
                                -16-

       -This area  of  the  law was discussed and briefed before the
Supreme Court  in  City of Burbank  vs.  Lockheed Air  Terminal, Inc.
(93 Sup.  Ct.  1854 (1973).   The Court in Burbank reviewed a municipal
ordinance that made it unlawful for a privately owned airport located
within the jurisdiction of the municipality to permit jet aircraft oper-
ations between 11:00 p.m.  and 7:00  a.m. The Court held that the Bur-
bank  was an invalid exercise of police power because the "pervasive
nature of the scheme of Federal regulation of aircraft noise... leads
us to  conclude there is preemption.

       In its rationale, the Court first cited two  sections of the Federal
Aviation Act of 1958.  Section 1508 of the Act provides that "The United
States of America  is  declared to possess and  exercise complete and
exclusive national sovereignty in the airspace of the United States... "
Section 1348 gives the FAA authority to regulate the use of the navigable
airspace, "in order to insure the safety of aircraft and the  efficient
utilization of such  airspace...  (and) for the protection of persons and
property on the ground.  The Court next analyzed the Noise Control
Act of 1972 and concluded "that the FAA, now in conjunction with EPA,
has full control  over aircraft noise, preempting  state and local con-
trol. "

       There can be no doubt that the holding in  Burbank means that
a state, or any political subdivision thereof,  cannot use its police power
to protect its  citizens from aircraft noise - if  the police power action
attempts to regulate the source of the noise.   This of course, raises
the question of whether the airport owner  may exercise its own pro-
prietary right to control the noise of aircraft using its airport.   This
question was purposefully left open in a footnote  in the opinion.  The
text of the footnote  is as follows:

    "The letter from the Secretary  of Transportation... expressed the
    view that "the proposed legislation will not affect the rights of a.
    state or local public agency, as the proprietor of an airport,  from
    issuing regulations or establishing requirements as to the permis-
    sible level  of noise which  can  be created by  aircraft using the
    airport.  Airport  owners acting as proprietors can presently deny
    the use of their airports  on the basis of noise considerations so
    long as such exclusion is nondiscriminatory. "   (Emphasis in opin-
    ion) "Appellants and the Solicitor General submit that this indicates
    that a municipality with jurisdiction over an airport has the power
    to impose a curfew on the airport, notwithstanding Federal respon-
    sibility in the area. But, we are concerned here  not with an ordinance
    imposed by the City of Burbank  as "proprietor" of the airport, but
    with the exercise of police power.   While  the Hollywood  Burbank
    Airport may be the only  major airport  which is privately,owned,
    many airports are owned by one municipality yet physically located
    in another.   For example, the principal airport serving Cincinnati
    is located  in Kentucky.   Thus,  authority that a municipality may
    have as a  landlord is not necessarily  congruent  with its  police
    power.   We  do not consider here  what limits if any apply to a
    municipality as a proprietor. "

-------
                                -17-
It is not  clear  what authority a  municipality has as  proprietor  of an
airport,  but it is clear that the municipality, as proprietor, is liable
for noise created by airport  traffic and has, in the past,  been sued
on the basis of such noise.

       The case  law defining private rights and remedies for aircraft
noise has  thus influenced the allocation   of authority between state
government, local  government  and airport owners to  deal with  the
aircraft  noise problem.  Given  the relative lack of success of enjoin-
ing the operations of a noisy airport, nearly allof the caselaw concerns
either a  damaging or constitutional "taking".  The "taking" cases rep-
sent the  so-called  Federal rule, which originates  with  the  decisions
of the Supreme Court in United States vs. Causby (328 U. S.  256 (1946))
and in Griggs vs.  Allegheny County. (369 U. S. 84 (1962)). The Causby
case announced that the Federal government (apparently as a partial
lessor of the Winston-Salem Airport rather than as the operator of the
military aircraft in question) had in the  constitutional  sense  "taken"
an interest or  "aviation easement" in  the property the aircraft over-
flew. Because of this,  the United States was required to pay just com-
pensation under the Fifth Amendment to the Constitution, the measure
of damages being the diminution in the value of the overflown property.
Some ten years later in the Griggs case the Supreme Court had before
it an airport which was owned by state authorities, was used by com-
mercial  aircraft,  and  had flight  patterns  which were regulated by
Federal  authorities.   It was clear that there could be no taking in the
constitutional sense by the commercial carriers who used the airport
and generated the noise.  The Court held that the local  governmental
authority,  i. e., the airport owner, was liable for  taking the aviation
easement on the directly overllown property.

       Since both Causby and Griggs involved direct overflights,  the
theory of these cases has been  called the  trespass theory of  inverse
condemnation which requires the actual physical invasion of the prop-
erty, i. e., the air above the ground.  This direct overflight approach
has not been frequently followed in those state courts whose constitu-
tions bar not only governmental takings but  also governmental damaging
unless there is just compensation.  Those jurisdictions have  allowed
recovery against  the governmental airport owner on  a broader rationale
that does not require.' overflight.

       The point  to be  made here  is that  the power  still left with the
states and  local governments to achieve aircraft noise abatement at the
source appears to  be  their right as property owners to defend them-
selves from liability and to keep  their air terminal systems  viable.
They also  continue to have the power to control exposure to aircraft
noise through land use control and building  design.

-------
                               -18-

II.  The Solutions Available

    In the airport noise problem,  as in any  other community  noise
problem, the appropriate remedial  or .preventive actions  to be  taken
depend upon a variety of factors.   However,  for each specified quality
criterion or "level of  protection" under consideration (and no matter
which of these values may be finally adopted as a short- or long-range
goal), the most  cost-effective "solution for each situation is always a
mixture of options.   Often this is true of the most effective solution,
as well, even prior to consideration of cost.

    The  traditional way of looking  at any noise abatement problem -
whether it involves children in a schoolroom, to be protected from high-
way noise; workers in a factory, to be protected from machinery noise;
or any other "scenario" - is to simplify the scenario into  three  basic
elements: (1) the noise source,  (2) the propagation path between noise
source and "receiver, " and (3) the "receiver" of the noise, who is to
be protected.  Figure 1.    In  this traditional "source-path-receiver
model," the propagation path  is usually defined to include everything
between the noise source and the (human) receiver  that can have an
effect upon the noise level at the receiver.   Hence, the "path" part of
the model includes sound propagation  distance; any hills, walls, rows
of buildings or other sound-attentuating elements.  If the "receiver" is
indoors,  the "path" includes the noise reduction (exterior-to-interior
noise level difference) afforded by  the building's  exterior shell.   If
the "receiver" is wearing  ear plugs or "ear muffs"  such as worn by
workers in extreme noise environments, they are a part of the "path
of the sound, too.

    The human "receiver (s)" play  no active  role in  this model; they
simply represent the composite  result of human physiological and
psychological   characteristics,  including activities with which  noise
may interfere,  leading to the  numerical values of noise environment
limitation which would be desirable,  prior to consideration of conflict-
ing factors such as economic costs.

    The elements of the model upon which intervention is possible are
at the source and in the propagation path.   Examples of typical phys-
ical interventions (and the corresponding legal/ regulatory actions which
might be used to require them) are shown in Figure 1.

    In the entire history of noise abatement  studies and programs, it
has been  the case that little is accomplished, sometimes  in spite of
large expenditures of money, unless a comprehensive  approach is taken
which considers all the elements of this "model" and their relationship
to each other.  Reduction of noise output at  the  source  is usually of
great importance, since for any specified  exposure criterion  level or
limitation goal,  very large reductions in the  amount of land area (and
hence people,  dwelling units, etc.) accompany each 10 decibel or even
5 decibel reduction in source  noise  characteristic.   This is  true re-
gardless of whether the "source" is a point source (such as a stationary
noise source in a community),  or aline source (suchas a freeway) or a
complex source  (such  as  the total aviation activity at  an airport).

-------
                                -19-
This results simply from the geometry and sound propagation physics
of the situations involved.

    However, if  one places total  emphasis on source noise control,
to the exclusion of "path" control  actions,  a  point  of diminishing re-
turns is reached, where each  additional  reduction in source noise
emission becomes increasingly more difficult  and   costly  to  obtain.
Most machines cannot be  made totally silent,  nor even quiet  enough
to allow neglect  of "path" control actions.  This is certainly  true of
aircraft; even if it were somehow miraculously possible to propel them
without any engines at all,  there might still be a significant remaining
noise problem,  for  very nearby communities, simply  from the aero-
dynamic noise generated by their movement through the air - this can
be confirmed by riding in a sailplane.'

    Hence, we  are left with the necessity (which becomes even more
evident when cost-effectiveness studies are done) of accompanying our
source  noise control efforts  by good transportation  and  community
planning, land use controls, designation of "noise insulation districts
where building design and  construction must  meet noise  insulation
codes,  and  so on.  It should be evident that costs associated with such
measures will be much  smaller in the case of new development than
where remedial measures are required,  but there are numerous histor-
ical cases which prove the point.

    In  the case  of community  noise  from aviation activities  at  an
airport, the conceptual  model  can be further simplified, as shown in
Figure  2. The model has been reduced to two elements,  one represent-
ing the  noise exposure environment produced by the aviation activities,
and the other representing the "receiver community. "   In this  model,
the total activity at an airport is viewed as comprising a noise source,
the magnitude and directivity pattern of which  are determined by:

    .  The noise characteristics of specific aircraft types, *

    .  The application of noise abatement operating procedures,  **

    .  The proportion of  the flight operations occurring at night,

    .  The types of aircraft utilizing the airport, ***

       The frequency of flight operations (by aircraft type).
*   Appropriate subjects for Federal aircraft noise emission regulations.

**  Appropriate subject for Federal aircraft flight procedure regulations.

*** Appropriate subject for restriction by the airport owner, particularly
     if supported in such action by a Federal regulation,,

-------
                                -20-
       The runway orientations and flight paths utilized by the aircraft
       as they approach and depart from the airport.

These are the basic ingredients of every valid scale for quantifying com-
munity noise exposure from airport operations, developed from twenty
years of field and laboratory  research in  this country and others (see
Appendix D and its references).  From the necessary input data, using
such  scales, one can calculate the magnitude of the noise  exposures as
a function of geographic location.

    Even where  there is "noise exposure, " there  is not "noise impact"
unless there are people present, in communities around the airport,
engaged  in noise sensitive activities;   and the level of the exposure is
above some  threshold  value  where interference  with those activities
occurs.   The amount of "noise  impact, " therefore, is a function not
only of the  above listed components  of aviation  activity, but also of
the surrounding land use patterns.  Included in the term "land use" as
used herein are  (1)  degree of noise  sensitivity  of various  land uses
(e.g., residential, commercial, industrial) according to the types of
human activity wich  normally occur there, and (2) for those land uses
where only  indoor activities  are of  importance, the  noise  insulation
characteristics of the buildings'  exterior shells.

    The prevention or  decrease  of noise impact from aircraft noise
associated with airport activity therefore requires:

    (a) Making aircraft  inherently quieter and having them  flown as
quietly as possible.

    (b) Designing or  modifying the total operating  plan of the airport
so as to minimize the extent of the airport noise impact zone and tailor
its  shape to avoid existing noise-sensitive  land  uses where possible.

    (c) Preventing buildup of new housing or other noise-sensitive land
uses in present and  anticipated  future  noise zones and,  where neces-
sary, resolving by land use  measures (soundproofing or conversion)
those  few impacted  areas where the  noise  exposure  cannot be ade-
quately decreased by other means.

There simply are no other physical actions possible that are not encom-
passed within one of these three  general categories.

    The conceptual model symbolized in  Figure  2 is also convenient
for crystallizing one's  thoughts  regarding one of the primary reasons
why there has been  no  solution to the airport noise problem thus far -
and why there is presently no  real way to get a solution: the fragmented
institutional arrangements. On the one hand, Federal agencies are able
(if they would) to control the aviation side  of the problem.  On the other
hand, local governments-are able (if they would) to control the land side
of the problem.   Airport proprietors and noise impacted  communities

-------
                          -21-
are caught in the middle, the former able to do a great many things
to limit the noise exposure but not to control the land uses, yet bearing
the total legal liability for property  "taking"  and  "damaging"  from
aviation noise from their facilities; and the latter unable to do much
of anything except bring suit.

    Nowhere  is  there a single  entity that has complete  capability to
cover both halves of the  problem,  for  either remedial or preventive
purposes,  even though a very large amount of  improvement appears
technically and economically  feasible (over a reasonable time scale).
What appears to be  needed is a joint  Federal-state-local  program,
under a Federal  umbrella, to coalesce all the elements of ' solution"
for each airport/community situation.  That is the purpose of a Federal
airport noise regulatory program.

    The objective of these  (EPA) efforts is to develop an  appropriate
and  effective set of  institutional/regulatory processes  which  (when
combined  with  an  aggressive  Federal  program  of  aircraft  noise
regulations)  will form a framework within which all parties  (including
the Federal government itself)  can -  and will be motivated to -  work
together to reduce existing noise impact situations  and prevent new
ones.

-------
            THE  ELEMENTS
  OF PREVENTION/SOLUTION
                    MORE DISTANCE
                    BETTER BUILDINGS
                   FREEWAY SHIELDING
                      WALLS, ETC.
REDUCED NOISE OUTPUT
   PROTECTIVE INTERVENTION (TECHNICAL)
 :0>ISE EMISSION
LBPJ18TS, ECONOMIC
INCENTIVES, ETC.
                    TRANSPORTATION
                      PLANNING
                     LAND USE PLANNING,
                    PERFORMANCE ZONING
                    BUILDING CODES
                                         RECEIVER
                                      FUNCTION;
                                      SET CRITERIA FOR
                                      DESIRED AMBIENT LIMITS
             (LEGAL)
                                         Figure 1

-------
           II
           SURROUNDING THE PROBlfM
WITH  AN AIRPORT NOISE REGULATION PROGRAM
        THE AIRPORT
    AS A COMPLEX SOURCE
                                         THE COMMUNITY
        AIRCRAFT
        SOURCE NOISE
        REDUCTION
                 NUMBER
                 OF
                 FLIGHT
                                               LAND USE
  (INCLUDING
     RETROFIT)
                                         INCLUDES GEOGRAPHIC
                                         PATTERNS. LAND USE
                                         TYPE/ACTIVITY, AND
                                         BUILDING NOISE
                                         INSULATION PROPERTIES
                TYPES OF
                AIRCRAFT
NOISE
ABATEMENT
FLIGHT
  PROCEDURES
            OF
            OPERATIONS
            (DAY/NIGHT)
                          COMPATABILITY
                              GOAL
                                                   Figure 2

-------
                                 -22-
 III.  The.Need For and Objectives of an Airport Noise Regulation

        Having now examined the legal context within which action must
 take place and the possible courses of action, it is appropriate now  to
 determine in what  manner  these three options discussed above will
 be meshed to create satisfactory solutions for individual airports.  An
 examination of the  political  and economic  decision making processes
 will illustrate some of the complexities of the proposed airport program.

    A.  The  Need for  a  Decision Making Process for Each Airport

       As discussed above, there are three general ways to reduce or
 prevent noise impact at any airport:

        (1)  use of quieter aircraft;
        (2) changes in flight patterns, schedules, and other
            aspects of airport operations; and
        (3) land use control and conversion  around the airport
            to prevent and correct incompatible land uses.
       There are no other  options.

       If any one of these  options, or any  combination  of them,  could
 be termed in some sense  the  "best" answer to the problem for all
 airports, the development of an airport noise regulation would be vastly
 simplified.    It  would  require  only  the application  of  technological
 expertise in a manner not unlike that by which our society has  found
 innumerable solutions to isolated  problems,  from designing highways
 capable  of  moving  large  numbers of vehicles safely at  high speeds
 to landing men on the moon.

       The  airport  noise  problem,  however,  is not  susceptible to a
 general  solution.  No technological breakthrough in  any  of the  three
 types of options which  would eliminate the  problem is likely.  Each
 type of  option can,  however, provide varying degrees of relief.  Opti-
 mum noise abatement  can therefore be achieved only by  the application
 of some  combination of these three types of options.  But the particular
 options  called for  depend  to a  groat extent  upon factors which are
 different at each airport,  such  as the  physical  characteristics of the
 surrounding  land and the  distribution  of the neighboring population.

       The problem would  still be relatively simple if the only compli-
 cating factor were the differences between airports.   A "best"  solution
 could then .be  found for each airport.    Applicable  models  could l.e
 developed which would provide the solution for each airport based upon
 its particular data.   The required process would be  no  more complex
 conceptually than  the  process which has  existed by  which generally
 applicable principles of highway  design  have been used to design high-
ways for particular locations.

-------
                                  -23-
       But unlike the problems of highway  design  and space travel,
which have  in the past have  been reduced to simple  absolute quanti-
ties such as vehicles per hour  or orbital velocity, airport noise unavoid-
ably concerns directly the health  and welfare, of individuals and their
economic well-being.  While these  factors  can be  quantified to some
extent,   they cannot  be  weighed against each  other according to  any
universal formula.   They are intimately  bound to  the unique  values
and goals of individuals,  and the trade-off or resolution between them
when they come into  conflict  is therefore best made by each individual
for him  (or her) self.   Where the required resolution is of  such a
nature that it cannot meaningfully  be made  at  the  individual  level,
democratic ideology requires that it be made in a manner which  will
allow each concerned individual to arrive at  his or her own judgement
as to proper  resolution  and give that  judgement  fair consideration.
Decisions made  in such  a manner are accepted not because they are
regarded as  the "best"  solution to the problem under consideration
according to any universal formula,  but because they  are regarded as
representing a  fair  resolution of inevitably conflicting interests  and
values.

       There is  no  "best solution" to the  noise problem at any air-
port, in  the sense of a solution which would be  acknowledged as 'best"
by all concerned.   Any  combination of noise  abatement  options  will
help different individuals who are affected by  the  noise  to different
degrees; and  some options might  even increase the  noise exposure
of a minority  of  those affected.   Individuals who are  not  impacted at
all by the noise from the airport will  be  variously affected  by  the
different economic impacts of the noise abatement options.  Even if
everyone concerned  were  affected to the  same degree by the same
health and  welfare and economic impacts  of the possible noise abate-
ment options, they  would  not agree  as to a "best" solution because
their values regarding health and welfare and economics differs.   The
"best" solution  for  the  noise problem  surrounding any airport can,
therefore,  only  be one which in  some  agreed upon sense represents
an optimal resolution of  the conflicting interests and values involved.

       Until now, there  has  been no mechanism to  bring about  any
such resolution  for  any  airports.   The  remainder of  this section  will
discuss how the  airport noise regulation might be structured to create
such a mechanism.

       The need  for such  a decision making mechanism is independent
of the noise abatement options which might be brought to bear on the
noise problem facing a given  airport, of the  tools which might be used
to help evaluate the effects of possible options before  a decision is made
among them, and of the means by  which  a  decision as to the  best
"mix1  of options  might  be  implemented  and  enforced.   The  noise
abatement  options involving aircraft  design  and flight  procedures  are
the subjects of separate studies being conducted by both EPA and FAA.

-------
                                -24-


    B.  Decision Making Through the Economic System

       (1)  The Market Theory

       The mechanism by which our society has resolved most of its
conflicts among various possible courses  of action is  the  economic
market system.  In theory, whenever there is not enough of a given
commodity to satisfy all of those people who desire it, a market  will
develop in which the price of the commodity will reflect the supply
of it and the aggregate demand of all people for it.  Individuals desiring
that commodity can then  decide for themselves whether they desire
it enough to pay that price.

       Since the price relates to the supply and demand  for the product,
this amounts to a decision  by  the individual  as to whether his desire
for the commodity  is as great or greater  than  the desire  of others
for the commodity,  given  its available supply.   But since individuals
have limited  resources with which to buy commodities, a decision by
an  individual  to satisfy his  desire for  one  scarce   commodity  will
preclude his ability to satisfy his desire for some other commodity.
Each individual must therefore decide on an allocation of his limited
resources  which optimizes the satisfaction  of  his  desires for the
various scarce commodities available.  Since the market for all scarce
commodities is the composite of  such decisions on  the part of all
individuals, it represents an optimum allocation of all scarce commod-
ities to maximize the amount of satisfaction in the  society.  And,
since every individual is regarded as  being free (at  least within the
limits of his resources) to decide  for himself  which of his desires
to fulfill and  to what extent to  fulfill them,  the market system of
allocation of resources  is  regarded as the closest possible approxi-
mation  to the democratic  ideal of letting everyone live according to
his own values.

       (2)  Application of the Theory to Airport Noise

       Airport noise has now  become  so prevalent in  many areas that
"quietude" can accurately be regarded as a scarce commodity.  The
things which might  be affected to varying  degrees by the possible
options to reduce airport noise and thus increase "quietude , i. e.,
the convenience and cost of air transportation and the economic benefits
which airports bring to communities,  can also be described  as scarce
commodities.   In  theory, therefore, a market system  ought to be
capable of determining a  "level of quietude" which is "optimum", iri
the sense of  representing  the  compromise  between noise  abatement
options and the effects of the implementation of those options on aviation
and the benefits brought by aviation  which  will maximize  the  total
well-being of the community.  The  "natural  law" of economics would
thus serve as the decision-making "model" which would determine the
"best" solution for each airport.

-------
                                 -25-
       Professors William F.  Baxter  and Lillian R.  Altree  have
described how a  theoretical system  could achieve such a resolution
of the airport noise problems  ("Legal Aspects of Airport Noise", --
Journal  of Law and  Economics,  1-113,  March, 1972).  If all of the
land impacted by noise from an airport, and the airport itself and the
airlines  and aircraft operating therefrom, were  owned and operated
by a single entity,  and that entity was motivated by a desire to maximize
the income from all  of its holdings,  it  would manage its holdings so
as to achieve an "optimum" level  of  noise impact.   It would  do so
because the noise  impact  would represent a cost to the entity, in terms
of reduced potential  income from  its noise-impacted land holdings,
which  could  be weighed  against  the cost  of  implementing  various
possible noise abatement options  to reduce  the  impact.    Land use
options,  such as  limitations or conversions to noise-compatible land
uses or addition of sound insulation, would be undertaken to the extent
that they were justified  by resulting  increases in income from those
properties.   Similarly, changes in airport  operations, scheduling, and
aircraft  to reduce noise  would be  implemented to  the extent that the
increased cost  (or decreased  revenue) in airport/aircraft operations
brought about by  the change were offset by increases in income  from
land which was  freed from noise impact by the change.  Conversely,
changes in operations  which would  increase  noise impact,  such  as
addition of more or noisier aircraft using the airport,  would be imple-
mented only if the resulting increase  in airport  revenues offset the
decrease in land revenue  brought about by the added noise.

       The  key feature of  this  "unified firm" concept which  would
theoretically bring about  these results is the establishment of a direct
relationship  between the  .cost  of abating airport noise and the benefit
of the abatement.   In other words,  those in a position to abate airport
noise would have  an incentive  to do  so, to an "optimum"  or  cost-
effective degree,  since  they would  directly realize  the benefits of the
abatement.   The economic system would "automatically"  lead airport
operations to an "optimum" level of allocation of all  of  the  "scarce
commodities" consumed  by those   operations,  including  "quietude",
since the  beneficiaries of the  airport would be paying all  of the costs
of the benefit received -  including the  cost  of noise.

       The only mechanism existing  at  present to transfer the cost
of airport noise from airport  neighbors to the users of aviation is the
courts, through  the  device of  constitutional  taking or damaging  or
nuisance suits.   But the irrational rules  of recovery used make the
courts an extremely  limited cost transfer mechanism.   Even  if the
rules were rationalized,   the courts are so inefficient for making large
scale transfer of costs that the theoretical  "market" for quietude would
not function.

       Recognizing  the  limitations of  the courts and the extreme
practical  difficulties involved  in creation  of a "unified firm", Baxter
and Altree propose an alternative  mechanism  for effecting a transfer

-------
                                 -26-
of the costs of airport noise from airport  neighbors to  the users of
the airport.   A  government agency of'some sort would periodically
assess the  level  of  noise  impact  of  each airport,  in terms of the
decrease in market value  of the impacted  land brought  about by the
noise.   The airport operator would then be required to make payments
to all of the owners  of  noise  impacted  land  to  compensate  for that
decrease.   In exchange for the payments,  the airport would  receive
easements  giving it the  right to impose noise on the properties.  The
payments and the resulting easements would be  limited to the  time
period before  the next assessment of noise impact.  At the time of that
assessment,  the  required  payments  for  the  next  period  would  be
adjusted up or down in  accordance with  any  increases or decreases
in noise  impact.

       Airport operators could pass these required payments on to the
passengers who benefit from air service,  either directly through  head
taxes or indirectly through increases in aircraft  landing fees which
could be passed on by the airlines to the passengers through  increases
in ticket prices.   The market  system would then  theoretically create
incentives  for all the parties involved to act in such a way as  to bring
about an "optimum" level of noise impact, produced by the "right" mix
of changes in  aircraft design,  aircraft and airport  operating proce-
dures, flight  schedules,  and land uses to maximize  the well-being of
the community.   Those  individuals who would  remain subject  to some
level of noise would supposedly have no complaint, since the compen-
sation for that noise impact would be presumed to put  them on an equal
basis with  all others in  the society to decide for  themselves  whether
the benefits of living near the airport outweigh, in  their personal scale
of values,  the detrimental  impact of that  level of noise on their health
and welfare.

       (3)  Limitations of the Market Theory for Airport Noise

       Useful as  the market system is for resolving many problems
of resource allocation,  some of  its basic assumptions as well as its
practical limitations make it inappropriate for use as a decision making
mechanism for the airport noise problem:

        a.   The nature of noise  impact

        First,  the   market  theory   rests on the  assumption  that
individuals can make  more  or  less conscious judgements  as to  an
appropriate resolution,  for them,  between  the benefits of living  near
airports  and the impact of noise on their health and welfare.  They are
thus presumed to  have no reasonable complaint with  the noise, if only
a compensation mechanism is  established to  put  them  on  an. equal
footing with others in the marketplace for places to live.

-------
                                               -27-


                      But experience with the limited compensation mechanism pres-
               ently offered by  the  courts indicates  that individuals  do not regard
               monetary compensation as a "fair  exchange"  for the noise to which
               they are subjected.   They seem much more desirous of stopping the
               noise altogether.  Failing that, they of course accept whatever amount
               of monetary  damages  they can  recover.   But  they apparently regard
               the money as a windfall  rather than  as  a real exchange of property
               rights for value,  since even after obtaining money damages they con-
               tinue to regard the airport with equal animosity and continue to use
               whatever political means are available to oppose it.

                      It is altogether understandable that this is the case.  The real
               impact of noise is not upon property values, as presumed by the market
               theory, butuponthe health and welfare of  individuals.  Property values
               are affected only incidentally, as a result of the effect on health and wel-
               fare. Indeed, in most instances  the value of property (at least for non-
               residential uses)  is increased by its proximity to an airport and by
               increases in airport operations, in spite of the noise.  The most basic
               fallacy in  the  legal treatment of airport noise as a case of past or
               present taking or damaging of property, is the  fact that  it ignores
               the future damage that continuing noise will do to the health and welfare
               of individuals.  In other  areas   of  law  money damages are regarded
i               merely as the  best available compensation  for  past harm, not as an
               adequate  remedy  for preventable future  harm.  Our society does not
!               regard money as  a fair exchange for damage to individual health and
i               welfare.   Money is merely the only available compensation for damage
!               which has already occurred and  is therefore unavoidable.
i
i
                      Even if money were a  fair  exchange for  harm to individual
               health and welfare, it would be impossible  for any individual to make
j               a meaningful trade-off between the advantages to him of living near an
}               airport  and the  harm which the  noise  from the airport might do to his
               health and welfare.  The harm to health and  welfare caused by various
I               levels of noise is presently known only in the statistical sense of harm
••               to public health and welfare.  It is known that certain levels of environ-
j               mental noise should not be exceeded  if the  health and  welfare of the
j               public as a whole is to be protected, and  that if those levels are exceeded
I               some individuals will suffer detrimental  effects.  It is  not possible to
i             '  predict  in advance winch individuals will  suffer what degree of harm.
               Individuals therefore cannot make a meaningful assessment of the im-
               pact airport noise might have on them,  or make a meaningI'ul trade-off
!               between such an assessment and other factors in  deciding where to live.
•               This is  true  even if they are knowledgeable about the effects of noise.

,                      ta.   Limited .Freedom of Action by the Parties
i
'                      Second,   the  market  theory  assumes  that  the economic
'               incentives which  a market would create would lead the various  parties
i               to the airport noise problem to take appropriate action.  This assumes,
!               in turn,  that the parties  are capable of  taking  such  action.   But the
j               parties  to the  airport noise problem do not have freedom of  action.
i
1
i

-------
                                -28-
 Airport proprietors,  for example,  have  no ability to modify  flight
 procedures or (unilaterally) to modify flight paths to abate noise since
 those  procedures  are  completely regulated by  the  Federal Aviation
 Administration.   It is unclear to what extent airport proprietors have
 any authority to modify   aspects of  their operation  other than  flight
 procedures, such  as schedules and types of aircraft allowed  at  an
 airport,  to  abate  noiseJ./   Airlines are similarly constrained by
 pervasive Federal regulations.  People using land impacted by airport
 noise, on  the other  hand, are  limited  in their ability  to deal with
 airport noise  by the present unpredictability of  changes in airport
 operations which might  increase noise and by their fixed investments
 in noise impact areas; as well  as by the  nature of noise impact dis-
 cussed above.

        In short,  the  airport noise problem is not continuing because
 of any absence of incentive to solve it.   The existence of opposition
 to noise intense  enough to virtually haU airport  expansion across the
 country, and  billions  of dollars  of law suits  based  on noise, are
 incentive enough. What is lacking is a  mechanism capable of considering
 and resolving  the  various  types of interests  (economic  and non-
 economic) affected by the problem,/and capable of carrying out that
 resolution.                        ..,'
                                  •'** -i
    C.  Decision Making Through a 'Political Process
                    _^{

        (1) The Political Process

        The airport noise problem is far from being the only one  which
 our society has^faced which could not be resolved in purely economic
 terms.  Virtually  all questions affecting  the health and  welfare of
 people, from education, to medical care, to safety in air transportation,
 are beyond  the realm of economics  because they unavoidably involve
 value judgements about  the importance of the health and  welfare of
 individuals which cannot be quantified.

        Most such questions are resolved  by some mechanism  which
'permits the interjection into the decision-making process of such non-
 quantifiable values.   These are broadly termed  'political" processes.
 They include  popular   referendums, elected decision-making bodies
 such as legislatures,  and processes such as administrative procedures
 which  are created by elected bodies and are answerable to them.

        Since the  value judgements  involved in such questions can only
 ultimately be resolved by each  individual  for himself,  the decisions
 made by political processes are seldom accepted universally as the
 "best" answer to the questions.  The decisions are accepted, neverthe-
 less,  because  they are viewed  as  giving fair  consideration to  the

-------
                                 -29-
separate values and interests of all concerned.  They therefore repre-
sent the  best  solution  of  problems  which  cannot meaningfully  be
answered at an individual level or by some universal mechanism such
as economics.

       (2) Complete Decision-Making at the Federal Level

       The most   readily available political  process which could  be
used to find answers to the airport noise problem is the rule making
procedure of the Federal Aviation Administration.  Existing law clearly
gives the FAA authority to regulate aircraft design,  flight procedures,
and airport operations  for purposes of noise abatement  as well as for
purposes of safety.  The FAA could therefore take it  upon itself to
develop  a  plan  for  controlling the noise  problem at every airport in
the country.   The various parties  whose interests and values would be
affected  by such plans, including  airport  operators, airlines,  pilots,
local economic  interests  benefited by the airport,  airport neighbors,
and environmental  groups,  could  raise  their separate  concerns and
judgements through the normal rule-making  processes guaranteed by
the Administrative Procedure Act.

       The FAA does not, however, have any authority  to make deci-
sions regarding land  use./"'around airports.  The decision-making
process  offered by its normalVule making powers and procedures is,
therefore, incomplete  to deal with the  total airport noise problem.
It can only deal directly  with  the  half of the  problem which involves
possible modifications  to airport  operations,  flight procedures,  and
aircraft  design; leaving the land use options untouched.

       This problem is only the most severe manifestation of a more
basic problem with developing noise control plans for each  airport at
the Federal level.    It  is  a basic  tenet of our  society  that decisions
affecting individuals should be made by a mechanism which is as close
to them  as  possible, so  as to reflect  as strongly as possible  their
judgement as to what the decision ought to be.   This is  the basis for
the strong commitment throughout  our history to local government.  A
corollary of  this   tenet is  that,  where   possible,   decision-making
processes ought not  include directly the judgements of individuals who
are not directly affected by the decision.

       While  some  decisions affecting the aircraft  noise problem are
national in scope and can effectively be made only at  the Federal level,
many decisions  regarding the noise problem at particular airports will
have no   direct effect on  individuals  in  other  locations.   This  is
especially true  of  land-use decisions but it is  also true of decisions
regarding changes in flight procedures and airport schedules and opera-
tions at least  insofar as those changes are consistent with a safe and

-------
                                -30-
 efficient national system of air transportation.  It would be unfair to the
 people in the local communities which will feel almost all of the effects
 of such decisions  for  them  to  be made through a process  (like the
 normal FAA rule making procedure) designed to give their judgements
 only.equal weight with the judgement of other people who will be only
 peripherally  (or not  at all) affected by those decisions.  And because
 such a process would  not be designed to give  fair weight to the judge-
 ments of  the individuals most directly  concerned with its decisions,
 those decisions could not be said to represent the "best" resolution
 of the conflicting interests and values involved.

       Quite aside from considerations of available authority  and fair-
 ness to affected individuals, it would be a mammoth burden for the FAA
 to undertake to develop complete noise control plans for every airport
 by  itself.   Such a task would require FAA to  duplicate much  of the
 knowledge and capability which is already in existence at the local
 level.   It would be much more efficient for individual airport proprie-
 tors and representatives of noise  impacted communities to  work out
 between themselves the best answers to the  questions   that concern
 only their particular airport and communities.
        (3) Complete Decision-Making at the Local Level

        If all of the above is true,  then why should not the airport noise
problem  (or at  least those aspects of it  affecting primarily individual
airports and communities) be left entirely to airport proprietors and
noise-impacted  communities to work out between themselves?

        The short  answer to this  alternative is that  the law does not
allow it.  Congress and  the courts have concluded that all aspects of
aviation,  including noise, are of such nationwide concern and impact
that (with the possible exception  of  the airport proprietary power, if
any, noted in the  Burbank  opinion) only the Federal government can
appropriately regulate them.  Aviation is, therefore, the  subject of
"pervasive" and  complete" Federal regulation.

   .     This conclusion is not without justification.   Aircraft design
requirements can  only be dealt with at the national level; and all aspects
of safety and efficiency in air transportation are certainly of nationwide
concern.  Decisions regarding changes in flight procedures and airport
operations and schedules for purposes of noise abatement,  although not
inconsistent with considerations of safety and efficiency of air transpor-
tation,  are nevertheless inseparable  from  them.  It is therefore quite
appropriate that the law allows only  the Federal government to enact
regulations on aircraft design,  flight procedures, and airport opera-
tions.   Because  only the Federal government can regulate those aspects
of the airport noise problem involving aircraft and airport operations,

-------
                             -31-
 local authorities cannot adequately deal with those aspects of the prob-
 lem involving land use.  Like the FAA, their authority only covers half
 of' the'problem.    '      '        ,  '. ,.               ,••'.-

   . D.  Joint Federalr Local Decision Making Roles

        1) :R61e of the FAA;     '• ''-••';

      . , a. Authority     :        .  .-.''"-.:   V, ''..'••               '    .

        As noted above,  the Federal Aviation Administration alone has
 the  regulatory authority to order  changes  in aircraft  design,  flight
. procedures,  arid  airport operations  for noise  abatement.  The focal
 point of a process to resolve the airport ridise problem must therefore
 be'FAA rule-making  procedures.   Those: procedures  can be shaped
 by; the FAA,'  however, so as  to give appropriate  roles to local and
 national  inputs regarding local and  national aspects,  respectively,
 of the airport'noise problem.

        b. .Aircraft Design             :

        One partof a total process to resolve the  airport noise problem
 has already  been implemented  by the  FAA.  The normal rule-making
 procedures' (as augmented by the Noise Control Act of 1972).have been
 and are  being used to  determine,:.at the national  level,  appropriate
 noise emission standards for'new and existing aircraft.   This aspect
 of the problem is purely national in scope; and the normal rule-making
 process,  is1 intended to give  fair consideration  to  all of .the national
 interests involved. , .Airlines, aircraft manufacturers,  pilots,, national
 environmental groups,  and airport and local government officials (in
 their rolbs,as national interest groups) are all entitled to present their
 comments bin  the'propbsed rules in the  same manner:   While reason-
 able  people 'might differ over  whether FAA is the best body to make
 these ^decisions,, there is little doubt that they should be based almost
, entirely upon nationwide concerns  (both f6r aviation and for the envir-
'Ohment).| Individual  airports  and communities  should be heard only
 insofar;as  'they represent geheral concerns,  and not with .regard  to  •
'their :u'nique:problems.  .  :     !,     '  .       ;.,'  ,;         .

 •  :   ;' 'C.' •' Flight Procedures  ,..'.'';' >:" '''.'-,'  ••  ::'"','.': ..'. .'.;""'.'•',"  .• '  •...''

       | The same; process should be  followed in designating a set  pf
 flight procedures for rioi'se abatement which'are consistent with safety.
 The problem here is to determine: which possible  noise abatement flight
 procedures are consistent with safety.  The answers, to that problem,
 like the problems of aircraft design,  turn on technical aspects of air-
 craft operation'which do not vary from placeto place. Like the answers
 to problems of aircraft design,; therefore,  they shpuld be sought on a

-------
                                 -32-
purely national level.   Inputs  to  the questions involving safety and ef-
fectiveness of noise abatement flight procedures should be received on
an equal basis from all who  can shed light on the  subjects, without
regard for unique problems. of particular localities or groups.
                 normal rule -making process  of the  FAA,  as  aug-
mented by the  Noise Control Act, of  1972,  is  intended to serve these
purposes.                   •

            d.  Implementation Plans for Individual Airports

            The choice of a particular set of noise abatement options
for a  particular  airport,   while having  national implications,  is  a
matter which much more  directly affects the  unique concerns  of the
individuals whose livelihood and lives are directly related to that air-
port.   The FAA should therefore use its existing authority over aircraft
and airport  operations  to create  a process for  the development of
individual airport noise control  plans which gives first consideration
to the judgments of the  people  (or their  representatives) who will be
directly affected by such plans, limiting those judgments only  by the
necessity that the individual airport plan be consistent with the national
aviation system.                     .

            This  could be accomplished  by a  new  FAA regulation,
issued under the authority  of Title VI of the Federal Aviation  Act of
1958,  as amended, which would incorporate the following features:

                 (i) A requirement that all airports have a noise con-
                    trol plan as a  condition of  operation.  Such a plan
                    would at least include all  of the noise control
                    options  involving airport and aircraft operations
                    and required acquisition of property rights by the
                    airport, which are decided  upon  by one  of the
                    means  outlined in paragraph (iii) below.  It might
                    include as well the options involving land use con-
                    trol by local jurisdictions.   But  if it did include
                    the  latter types of options,  it would have to "in-
                    clude" them in a  different  sense from the former;
                    since in contrast  to the FAA's pervasive authority
                    over aircraft   and  airport operations,   the  only
                    authority which FAA possesses to make or enforce
                    decisions regarding  land  use control options is
                    that which is related to future AADA  grants.

                (ii)  A specified procedure for the development of such
                    a plan.   This  procedure should include  means  by
                    which the judgements of all affected  or concerned
                  • persons as to what the plan should contain can  be
                    included in its development.

-------
             -33-

          Such  persons include the proprietor,  local
   .  governments, local and regional planning bodies,
     local environmental groups, and state environmen-
     tal and aviation agencies;, but do not include national
     interests such ,as airlines, aircraft manufacturers,
     pilots,  or'national environmental  organizations.
     These national interest groups will have ample oppor-
     tunity to voice their 'concerns on,.an equal basis on
     the national aspects of the aircraft/airport noise
     problem.  The  development of individual airport
  •  .noise control  plans is basically  a local  problem
     which should be skewed toward local inputs.

           The plan development process should be de-
   '  signed to encourage allof these relevant parties to
  .'  participate by making it in their self-interest to do
     so.  A corollary of this is that no party should be
    • capable of delaying or halting the'process by delay-
     ing or  refusing to  fulfill its responsibilities; since
     the interests of any one party might in some situa-
     tions call for it to delay or halt.the process if  it
     could do so.   The process should, therefore,  be
    •'capable of proceeding without the input of any given
     party.   In  the key steps of'development of airport
     implementation plans, this should its elf be an ade-
     quate sanction to assure that each party  will fulfill
     its  role, since if   it  does ' not,   it will  feel the
     effects  of  an  implementation plan which  does not
     reflect  its input.  Mechanisms .should be provided ,
   •  to assure,  to the  maximum extent possible, that
     each party will  understand what  its responsibili-
     ties are'and  that it is within its-ability  and best
     interests to fulfill them.    ,.                '

(iii)  A specified form  in which the FAA will receive
     and consider  proposed airport'noise control plans '
     for approval or disapproval,  and the basis for that
  •'  consideration.   As discus.sed above, • the existing
     legal authority as well a's the necessity that indi-; •
     vidual'airport noise control  plans be'.consistent •
     with'the national aviation system make it'essential;
     that the FAA  make the final >determination as to'
     whether'each proposed airport plan is acceptable.
     •Proposed plans  could be received  and considered
     in at least two ways  which  would 'be  consistent ,
   , with the need for local development of plans:  '•   •

-------
                 -34-
         FAA  could   require  airport proprietors  to
    submit a single proposed plan for approval or dis-
    approval accompanied by evidence that the airport
    proprietor  has sought the  cooperation of the other
    affected local  parties and  considered their input
    in  the  development  of  the proposed plan.  This
    would put the  airport  proprietor at  the  center  of
 ..  the plan development process,  and limit the FAA
    to  the role  of  reviewer.   The real effectiveness
    of  the inputs of local parties other than the airport
    would be dependent  to  some extent  on  the good
    faith of the  proprietor in considering them.

         Alternatively,. FAA  could receive  proposed
    plans directly from  all of the  relevant local par-
    ties who care  to  submit them,  as well as the air-
    port  proprietor,  and make its own initial decision
    as  to the best proposed plan or  combination of pro-
    posed plans.    This  would  put the  local  parties  on
    more of an equal footing  in the  decision-making
    process.

         Either, of these decision-making forms would
    allow the   FAA to  insure  that  individual airport
    noise control plans are  consistent with the national
    airport  system.   Either form  would  also allow it
    to  determine  that -plans met minimum  standards
    for protection of  public  health  and welfare,  mon-
    itoring  for enforcement .purposes,  and  the  like,
    which could be established as  part of the airport
    noise regulation.

         The  latter   form,  however,  would  put  the
    FAA much more  in the position of determining  as
    well  what is thej"best" plan for particular airports.
    This might  be  loss desirable from the viewpoint of
    the theory of decision-making discussed above; but
    it would make  the  final plan  more  definitively a
    a national plan.              ...

(iv) A specified set of sanctions, based  upon existing
    FAA powers,  for  violation of various parts of ap-
    proved airport  noise control plans.  The problems
    of  enforcement of an accepted  plan  are  separable
    from the   problem  of  establishing  an  equitable
    mechanism  for developing  plans.  The  available
    means  for  enforcement  of airport,  noise  control
    plans are discussed in Section III(E) of this report.

-------
                                -35-
                    Finally, consistent with its established control of
                    all airport tower operations and the fact that ac-
                    cepted airport noise control plans  will  be FAA
                    regulations, the FAA  should probably be respon-
                    sible for monitoring for enforcement of accepted
                    plans.

       (2) Role of the Airport Proprietor

       As indicated above,  the role of the  airport proprietor would
vary slightly, depending upon the nature of the approval mechanism es-
tablished  for airport noise control plans.   It will be either the central
figure in  the development  of the plan,  or an advocate of one proposed
plan on a  theoretically equal basis with  other local parties advocating
other proposed plans, or perhaps other roles, derived from some other
type of plan development powers.          ,

       In any of these roles, however,   the airport proprietor must  be
the key party to provide the data regarding present and projected future
airport  operations which is necessary  for .use in the development of a
noise control plan.  The airport  noise regulation should, therefore,
require airport proprietors  to  develop  data and  supply it to  all of the
other parties involved and to the FAA.    ;                   .

       The airport proprietor might be the  central figure in many of
the possible financing  mechanisms , for the  airport noise  regulation
(such as Federally levied .passenger head taxes .or noise-related landing
fees) which  pass  the economic  burden on to  the consumer of air ser-
vices.   If it were determined that the FAA could  not  or should not
undertake the monitoring function for enforcement  of  accepted plans,
that role, or some portion of it, might'fall to airport proprietors under
FAA supervision.                         .   '

       (3) Mole of Local Governments

       The role of local governments would also vary slightly depend-
ing upon the  form of the  mechanism  foir adoption of proposed plans,
from giving input to the airport proprietor to possibly developing com-
plete proposed plans of their own.  In any role,  however, local govern-
ments must serve as the prime representatives.of the people  impacted
by the airport.   Local  political forces  can be  expected to generate'a
more or less definable position for  each community impacted by the
airport,  which  will be based to some degree on both the environmental
and economic impacts of the airport on  the community.  That position
will then  characterize the position taken by that local government. in
the airport plan development process.    '    •         .'  _ •   •

       Since local governments are the  only parties with real authority

-------
                                 -36-
 to control land use (in ways other than acquisition of property rights)
 the decision upon and enforcement of those aspects of the airport plan
 dealing with land use control must depend largely upon  their "enlight-
 ened self-interest."   Participation in the airport plan  development
. process should give them every opportunity to perceive that self-inter
 est, however.  And they will have every incentive to participate, since
 by doing so,  they can influence  the shape of the final airport operating
 plan adopted bytheFAA.  The extent of their influence can be expected
 to depend to a large degree upon the extent of their good faith participa-
 ting in the plan development process.

     .   Failure of any affected local governments to participate should
 not be allowed to delay or  stop the plan development.  The other parties
 should proceed as best'they can'on the other aspects of the plan, espe-
 cially those involving airport operations,  which are within their power.
 At the same time,  they should make it clear to the people in any non-
 participating jurisdiction that their government is not representing their
 interests.   Political  blame for shprtpomings in the airport operating
 plan affecting whole communities,  which could be avoided by such rep-
 resentation, should then fall, where it belongs.  (Since the final adopted
 plan will represent an FAA decision regarding a part  of the national
 aviation system, individual claims regarding legal  rights affected by
 that decision should be directed at the FAA.)            .

        Furthermore,  the failure of some local governments to partic-
 ipate  does not preclude inclusion of decisions  regarding  proper land
 use in the  final plan,  although it would, of course, greatly hamper the
 enforcement  of those  decisions.   The FAA could still decide that par-
 ticular types of development should not be allowed in particular areas;
 and those decisions  could be "enforced" to somedegreeby the economic
 sanctions within the power of the Federal government.   The fact that
 such enforcement would  be  far  from complete would  not negate the
 value of such decisions,  .since they would still serve as a. deterrent
 to incompatible development and as a stimulus to future local officials
 to enact proper land us'e controls fpr such area. ,
 •'          »     •         i     .      '                     ' ' '
•'•••••   (4)  Role of Local and Regional Planning Authorities

        The relevant planning'authorities are, in  the best position to
 develop and supply  to all the other parties, the data, regarding present
 and projected future land  use which, is necessary for development of
 airport plans.   Their initial role  should, therefore,  be to develop and
 supply  such data. Once again, there ,should be alternative means (such
 as census  data)  to  obtain  such  information and proceed with,develop-
 ment of the plan if planning authorities cannot  or will not cooperate.,

       ' Planning authorities can be expected  to servers somewhat of
 an,objective check on the other local parties,  since they are relatively

-------
                                 -37-
isolated from the politics affecting land use and the economics of air-
port operations.    The plan  development  process should, therefore,
be designed  so as to enable  the  final  decision-maker  (the FAA) to
isolate the views  of  cooperating  local  planning authorities  from the
views  of the airport proprietor and/or the local land use control author-
ity.  This could take the form of an appraisal of land use by the planning
authorities to be submitted separately from the proposed airport plans
(whether proposed plans  are submitted  only by airport proprietors or
by both proprietors and local governments).

        (5) Role of State Governments

        State   governments  are  likewise   relatively  isolated  front
local pressures and therefore are in a position to serve as a check
on them.   They  can  participate in the  process either  by  advising the
local parties  and  the  FAA  on the merits of  proposed  plans,  or by
preparing and submitting to the FAA separate proposed plans of their
own.   The latter, role should put them in a more authoritative position
to mediate between the local parties,  since both airport proprietors
and local governments would want the support of the State behind their
position when the  FAA  is faced  With  differing positions to  choose
between.                                 "

        Several  separate   agencies are  relevant:  the state  aviation
agency and the state environmental protection and/or land use (when and
if the latter are created)  agencies.   These  agencies  can he expected
to represent,  on a hopefully somewhat  more detached and  objective
level,  the interests which are more directly represented by individual
airport proprietors and local governments.  Airport noise  control plans
worked out between them  could, therefore,  serve as a test of the merits
of plans worked out at the local  level,  to help the FAA in its decisions
upon final plans.

        (6) Role:of the Environmental Protection Agency

     •  'EPA should continue  to  develop  and evaluate  tools which  can
be used to determine, the effects (environmental, social, and economic)
of various possible airport noise; abatement options,  and to advise the
parties responsible for  developing airport noise control,  plans in the
use of  such  tools.   EPA can thus' help the. other  parties understand
what decisions ihey will  have to make  and what the consequences of
those decisions are likely to be.                ,                   '

        Further, since each FAA approval  of a  local plan will  consti-
tute a  major  Federal action affecting the environment, an environmen-
tal impact statement  will be  required,  on  which EPA  must comment.
This places EPA,  in a sense,  in the Federal review process for local
plans.

-------
                                 -38-
    E.  Enforcement of Adopted Plans

        As discussed  above,  adoption of airport noise  control plans
by the FAA will  greatly  advance resolution of the problem regardless
of the degree to  which those plans can be enforced.   Some aspects of
those plans will  clearly be enforcible  to a greater degree than others.
However,  under existing statutes,  the following powers are available
to the 'Federal Government and are being used by it to enforce respon-
sibilities analogous  to  those which would  be imposed by an airport
regulation.

        (1) FAA:     The FAA is the key  legal authority in the  entire
airport  regulatory  process,  since it  and  it alone  has the  authority
under Title VI of the Federal Aviation Act of  1958, as amended,  to
certificate airports for noise.   A  number  of powers are available  to
the FAA to enforce its regulations.

        a. Section 609 of the Federal Aviation Act of 1958, as amended,
(49 U.S. C.  1429) provides that  the  Administrator may  from time  to
time reinspect any civil  aircraft,  engine,  propeller,  appliance,  air
navigation facility  or air agency, or  may  reexamine,  or if, as a re-
sult of  any such reinspection or reexamination,  or  if, as a result  of
any other investigation made  by  the Administrator, he determines that
safety in  air  commerce  or air  transportation and the  public interest
requires,  may issue an  order/amending, modifying,  suspending,  or
revoking  in whole,  or in part, any  type certificate,  production certif-
icate,   airworthiness  certificate,,' • airman  certificate,  air carrier
operating certificate, air navigation  facility certificate,  or air agency
certificate.

            This po'ver is commonly used against airmen for serious
or continued-  violations  of flight  safety procedures.   In  a few cases
its use  has been threatened to obtain compliance with FAR 139,  which
requires  operating  certificates  based  on safety equipment  and pro-
cedures for all .airports  serving C.A.B. certified  air  carriers;  but
in the one  year that FAR 139 certificates  have been in effect  it has
not been necessary to  actually invoke  it against an  airport  to  obtain
compliance.  _2/

        b.  Section  901  of the Federal  Aviation  Act  (49U.S.C.  §1471,
elaborated in FAR $.13. 15)  provides for the imposition of civil  penal-
ties,  not to exceed $1, 000, for each violation of Titles  III,  V,   VI, or
or XII of  the  Act and regulations issued thereunder.   Each day of  a
continuing violation constitutes a separate offense.  Such penalties are
expressly  made  subject to compromise- by  the  FAA  General Counsel,
Associate  General  Counsel   for  Operations  and Evaluations,   Aero-
nautical Center Counsel,  or Regional Counsel.   Aircraft involved in

-------
                                 -39-
violations  are subject to seizure and  lien for the penalty.   Fines of
$1, 000 per day have been imposed on airports  on.six  occasions to
obtain compliance with the FAR 139 certification program. 3_/

       c.  Section 902 of the Act (49 U. S. C.  § 1472) provides criminal
penalties for certain willful  acts, including forgery or "false" making
of certificates and willful failure  to make or keep required reports or
records.

       d.  Sections  313  and 1004 of the Act empower the FAA Admin-
istrator  to perform such acts and  conduct such investigation as  he
determines necessary to carry out the provisions of the Act, including
authority to hold public hearings,  take  evidence, issue subpoenas, and
take depositions.

       e.  Section 1007  of the Act (49 U. S. C.  § 1487) authorizes the
FAA Administrator or the Civil Aeronautics Board or their agents to
apply to  United  States District Courts  to enforce by injunction provis-
ions of Chapter  20 of the Act (which includes Title VI) and any rule,
regulation,  requirement, or  order under  it, or any term,  condition,
or limitation of  any certificate or permit issued under it.

       f.   Section 1005(a) of the Act,  (49 U.S. C.  § 13. 20) authorizes
the FAA Administrator himself to issue cease and desist orders when-
ever he is of the opinion that an emergency requiring immediate action
exists in respect of safety in air commerce.

       g.  Section 1101 of the Act (49 U. S. C. § 1501), requires public
notification of the construction or alteration,  or the  proposed  con-
struction or alteration,  of any structure  where notice will promote
safety in air commerce.   Although there is no authority to forbid  such
construction or  alteration, FAR Part 77 establishes an elaborate  pro-
cedure for determination of  whether a  hazard will exist and for notifi-
cation of all interested parties  - including  particularly  any  local
jurisdictions  or government  agencies  which might have authority to
prevent the construction or alteration if the determination is positive.
In addition, the Secretary of Transportation may deny further AADA
projects  at an airport unless  he  receives satisfactory assurances, in
writing,  that "the aerial approaches to the airport will be adequately
cleared  and protected by removing,  lowering,  relocating,  marking,
or lighting or otherwise  mitigating  existing  airport hazards  and  by
preventing the establishment or creation  of  future airport hazards  '
[49U.S. C.  1718(3)].  This power has been used to put pressure  on
airport proprietors to negotiate with their neighboring property owners
regarding hazards.

       This procedure  has in most cases been  sufficient to  prevent
construction or alterations which  would constitute  hazards.  In some
cases where the hazard  is  not prevented or removed, it is modified

-------
                                 -40-
 to include elaborate warning devices to mitigate the danger.  Occasion-
 ally, however, it has been necessary to modify, flight procedures (such
 as minimum visibility requirements) at particular airports to compen-
 sate for hazards which could not be prevented. _4/

        h.  The Airport and Airway Development Act of 1970 (49 U.S.C.
 § 1711 et seq.) calls  for the formulation of a National Airport System
 Plan and for  Federal grants  for airport projects consistent with the
 plan.  As noted above,  the "carrot"  of AADA funds  has been used by
 FAA to bring about the removal  or prevention of hazards to aviation.
 The same "carrot" is available to encourage appropriate land use cont-
 rols with regard to noise. Under Section  18(4) of the AADA, 49 U. S. C.
 1718(4),  the  Secretary of Transportation may condition approval of
 AADA projects on  the receipt of assurances in writing, satisfactory
 to him, that "appropriate, action, including the adoption of zoning laws,
 has  been or will be taken, to  the extent reasonable,  to restrict the
 use of land  adjacent to or in the immediate vicinity of the airport to
 activities and purposes compatible with normal airport operations, in-
 cluding, landing and takeoff .of aircraft. "

            In addition, all AADA projects must "provide for the pro-
 tection and enhancement of the natural  resources and the quality of
 environment of the nation, " take  "all possible steps  to minimize" en-
 vironmental damage,  be "in accordance  with standards established by
 the Secretary, including standards for site selection and airport layout
 and be "reasonably consistent with plans  (existing at the time of ap-
 proval of the project)  of planning agencies for the development  of the
 area in which the airport is located...."

       i. Finally,  the FAA routinely brings about compliance with its
 regulations,  including particularly FAR  139,  through .administrative
 sanctions such as "letters of correction" and ."warning notices." Such
 communication backed up by the ability to impose legal sanctions,  are
 usually sufficient to correct violations.  See FAA Order 5200. 3,  "Air-
 port Certification Program Compliance and Enforcement."

       (2) HUD;  The Department of Housing and Urban Development
 has authority  to  condition  its grants.and loans in whatever (constitu-
 tional) ways it finds necessary to bring about "safe, decent, and sanitary
 housing. " Pursuant to their authority, it has already  established noise
 guidelines for its housing grants.  It should be willing to add to its
 noise guidelines a  requirement that proposed projects be compatible
 with relevant airport implementation plans.

       (3) VA; ,  The Veterans Administration is in  the process of
 adopting the HUD noise guidelines,  or an equivalent of them,  and  should
likewise be willing to include as a guideline compatibility with airport
plans.

-------
                                 -41-
       (4) EPA:   EPA has some authority ovefr land use under the
Clean Air and Water Acts.  The possibilities for utilizing this power
to further compatible land use around airports are being investigated.
(Especially  see"EPA Authority Affecting Land Use, " by F. P. Bossel-
man, D.  A. Feurer and D. L.', Callies, March 12, 1974.)

       (5) DOT:   The location of transportation facilities is a prime
factor in  the pattern of development of land.   The possibilities for
using conditions in DOT grants to further compliance  with airport plans
are being investigated,

       (6) FDIC:  Banks insured  by the Federal Deposit Insurance Cor-
poration  (FDIC),  and all banks  which  deal with such banks, are now
prohibited from  financing development in  flood plains.   A similar
provision with  regard  to  airport  noise impact   zones  would be  very
effective in  preventing incompatible development.  It would probably,
however,  require new legislation.

-------
                                   -42-
 IV. The  Role of  an .Airport Noise  Regulation in the Total Program
     and a Statement of the Process Envisioned""^"

     A. The Problem and Approach

        Throughout the history  of  the aircraft noise dilemma, it has
 been extremely  difficult to determine the accountability and  respon-
 sibility of  the parties involved.   This is particularly applicable in the
 local milieu -- where airport proprietors, local governing bodies and
 regional planning agencies have been attempting to ameliorate the con-
• flict between airports and  adjoining land uses.   Solutions have  been
 elusive because of the unforseen consequences resulting from the intro-
 duction of  jet aircraft into the air carrier fleet and the competition
 between political  jurisdictions  for scarce resources  within economic
 trade areas.

        The noise  levels emitted by aircraft utilizing a facility are not
 iwithin the proprietor's control and, 'further, substantial  uncertainties
 exist concerning the legality of  operational abatement strategies which
 may burden interstate commerce or infringe on a regulatory area pre-
 empted by  the Federal Government.'  Nevertheless,  the proprietor has
 been held responsible for aircraft noise.

        In attempting to identify an appropriate, role for an  airport noise
 regulation  and design a workable  process, it has been  necessary .to
 emphasize  the local decision making process and the relationships be-
 tween local institutions forced  into an adversary situation.  The.local
 milieu has  been viewed as  being affected by three broad variables;
 (1) The noise  emissions resulting from  the operation  of the airport,
 (2) The extent of existing and potential incompatible encroachment near
 flight paths, and  (3)  The degree of political fragmentation present in
 the airport impact zone.        '

        The measurement of aircraft noise, the prediction of its  effects,
 and the forecasting of future emissions based on a wide variety of var-
 iables is a highly  developed and sophisticated science.  The lack of
 a universally., accepted methodology  and type' of format  employed in
 presenting  the level  and extent of emissions are two remaining but
 readily soluble .problems.    .      .  • ,    „   '

        Measuring  and predicting the extent of encro'achment has raised
 more serious problems. In the past, analysts have attempted to  classify
 land development as being either preventative or remedial and as1 being
 basically compatible  or incompatible with specified levels of  aircraft
 noise.  The extent of encroachment is 'more clearly dependent upon the
 degree of  compatibility of  existing and  projected, land use,  and the
 level  of land  use control  and  commitment  to development  affecting
.undeveloped land. Both compatibility and preventivenessmust be viewed
 as  continuums if .accurate estimates of encroachment and impact are
 to be obtained.                          '  ' •

-------
                                  -43-
        The degree of political fragmentation  is extremely important
in identifying the role of an airport noise regulation.  Where the impac-
ted jurisdiction and the  airport proprietor are the same governmental
entity,  the certification of the airport may require very specific land
use analyses and abatement strategies; where the impacted jursidiction
is not affiliated with  the proprietor,  sanctions available in the certifi-
cation process  are clearly not  applicable.  In such  situations, it  is
important that the certification process itself create significant  incen-
tives capable of eliciting local cooperation and compliance.  However,
it is imperative that  such cooperation and compliance consist of local
decisions  and  commitments which  force the problem of unacceptable
noise exposure resulting from inadequate land use planning and control
into the local political arena.  Local land use decision makers  should
face the consequences resulting from a commitment to development in
areas known to be adversely  affected by aircraft noise -- not through
Federal sanctions but through  the local political process.

   B. The Role of An Airport Regulation

   The proposed airport regulation should:

       *  Establish a uniform process for airport impact evaluation.

       *  Provide a mechanism  for the amelioration of conflict at the
          local level.

       *  Establish reasonable classification criteria  for both aircraft
          and airports which may be effectively utilized in equitably dis-
          tributing abatement costs among users.

       The first objective,  the Establishment of a Uniform  Process
for Airport Impact Evaluation,  could  be accomplished .by prescribing
the following sequence of events:

        (1)  The Encroachment  Classification.of Airports.  A designated
agency of the Federal Government would assume primary responsibility
for classifying airports  as to  the degree of encroachment of incompa-
tible development upon major flight paths,  the types of  aircraft  utilizing
the facility, and the number of annual operations;  Proprietors would be
notified  of the  classification of their airports and provided information
and assistance requisite for an appeal of the .classification. Final class-
ification would determine which sections of the regulations were appli-
cable and whether compliance was mandatory, discretionary or exemp-
ted.

        (2) Required Application of the Noise Units Methodology. Class -
ifications indicating a substantial degree of encroachment would require
the application of a prescribed methodology for determining the extent
of the noise exposure problem. The extent would be  measured  in Noise
Units closely  approximating person hours of exposure.   Proprietors
would only be required to develop the emissions component of the meth-
odology, which would include the generation of noise exposure values for

-------
                                  -44-
parcels described by a geographic grid, 'with a higher degree of reso-
lution (smaller  sampling areas)  specified as  a function of proximity
to flight paths and the airport's runways.  Proprietors would also be
required to distribute a standard notice to all local planning agencies,
local governing bodies, and in particular,  to  the regional  planning
agency with the most comprehensive interjurisdictional  authority  to
plan.

         The development of the "sensitivity" component of the methodo-
logy would require the generation of noise sensitivity ratings for  the
parcels  delineated by  the geographic  grid.   Notification would also
include an offer of monetary assistance  (financial assistance for  the
planning effort,  though flowing through the proprietor, should originate
at the Federal level as planning grant money),  and indicate that while
compliance was clearly discretionary, failure'to provide the necessary
information "in a timely and expeditious manner" could result in  the
noise certification of the  airport without their input.  The procedure.
for developing both the emissions component and the sensitivity compon-
ent would be described in a noise units manual, provided by the Federal
government. Localities would have the option of applying the methodol-
ogy themselves  or assigning the responsibility to the regional planning
authority with the most  comprehensive interjurisdictional authority.

         A critical part of the  sensitivity component would include the
classification ofundeveloped land and determination of "potential noise
units" existing therein,  as a function of the level of public and private
commitment to  development (status in the local comprehensive plan,
whether and how recently it has been subdivided, what agreements have
been made with a developer, and the status of the supporting community
facilities  --especially water, sewers, roadways and utitilities) and the
level of public control exercised over  the property (zoning, housing and
building codes,  official  mapping, subdivision regulations, easements,
leasebacks, sellbacks with covenants, fee simple title, taxation, etc.)

         Combining the emission and. sensitivity components would then
yield both  actual and potential noise/units and depict their spatial dis-
tribution at a meaningful level of geographic resolution. The total noise
units resulting  from a "Base  .Case" operational  configuration would
constitute a criticalcriterionfor classifying and regulating the airport.
The local disposition of  potential noise units could be used as one cri-
terion in  determining whether a given airport qualified for exceptions,
variances, conditionaluses, or temporary certification.

    (3)  Identification and Implementation of Insignificant Cost Options

         From the Noise Units  Methodology,  it may be determined that
certain abatement options,  having  little  or  no measurable cost, can
improve the noise climate in  the vicinity of the airport.  This would
include  certain operational strategies, such as changes in flight paths
and runway utilization,  and in some cases, changes inland use control.
Again, local cooperation would be encouraged by the fact that attitudes •

-------
                                   -45-
 toward potential noise  units would predispose the certificating agency
 to grant  exceptions and variances to the proprietor.   Of course, any
 jurisdiction directly affiliated with  the  proprietor would be excluded
 because  of the possibility of collusion -- in such instances changes in
 land use control, and reduction of potential noise units would be requi-
 site for certification, as would the reduction of actual noise units achie-
 ved through other mechanisms.

     (4)  The   Determination  and  Required Implementation of  Cost
         Effective Abatement Options"

          It is likely that the most effective abatement options will incur
 considerable costs.   Night curfews,  selected use of quiet  aircraft,
 changes  in runway alignment and the acquisition of avigational or use
 easements (to prevent  incompatible  new development) are but a few of
 very costly but effective abatement options available to the proprietor.
 It is equally important  to recognize  that changes in land use control,
 even when accomplished through low cost applications of the local public
 power, may result in substantial costs in terms of displaced economic
 activity and adequate housing. Such costs, together with the more direct
 costs resulting from forms of control requiring compensation and cap-
 ital investment,   must be determined for a wide variety of abatement
 options.    Once  such determinations have been made,  the most cost
 effective strategies should  receive  priority and adequate funding be
 made available.

          This final set  of strategies, including phasing,  financing, re-
 location, and participation elements  would constitute the airport noise
 abatement  plan.  An airport would  be certified where the plan could
 reasonably be expected (the  test here being the actual levels of comit-
 ment made by participating parties) to reduce noise  units by an accept-
 able amount within a specified time period  and/or prevent the addition
 of new noise units arisingfrom new development. Where the proprietor
 failed to  meet his obligations set forth in the plan, the most appropriate
 and effective remedy would  probably be a fine imposed by the certifi-
 cating agency. Adverse changes in local land use policy would result in
 an  appropriate increase of the number of noise units permitted for that
 time period, i.e., the increase in potential noise units could be deducted
 from the  proprietor's quota.  In any case, the realization of actual noise
 units from  potential noise units resulting from incompatible  develop-
ment would not be the responsibility of the proprietor,  unless he were
 directly affliated with the affected jurisdiction.

          The second objective, the provision  of a mechanism for the
 amelioration of  conflict at  the local level,  would be met by the suc-
 cessful application of the above impact evaluation process.

          The described  process  attempts to  force local adversaries
 with competing needs and priorities to cooperate and arbitrate.  On the
 one hand, proprietors have the capability and  responsibility to reduce
 aircraft noise impact to the fullest extent  that is technologically feasible

-------
                                  -46-
and economically practicable.  On the other hand,  local land use de-
cision makers have the authority and responsibility to prevent incompa-
tible development from encroaching upon airports and for implementing
cost effective abatement options in the interest of protecting the public
health and welfare.

           Probably the agency or agencies responsible for administer-
ing the airport noise regulation should deal directly only with proprie-
tors.  Proprietors,  in turn,  would be directed  to solicit cooperation
and compliance from local land use decision makers through a process
of notification which  must be carefully worded  and presented  so as to
avoid giving the impression that  either the proprietor or  the  Federal
government  is attempting to make local land use  decisions, or that the
Federal  government  is attempting to elicit compliance  by using the
threat of  continued noise exposure as a sanction.  The impression that
notification should  impart is that the local land use decision maker is
being afforded both the opportunity and the financial resources to sub-
mit evidence  that will result in reduced  noise  exposure  in his com-
munity.

           However,  certain actions (or  lack thereof) are likely  to be
interpreted by the administering  Federal agency as indicating that the
local decision makers have considered the matter and determined that
aircraft  noise is a less important consideration than other factors.
The local decision makers would realize that  the  prescribed public
hearings required of the proprietor (also  mentioned in the notification)
would be likely to make a highly noise sensitive segment of their consti-
tuency aware that they are in a  position to assist both the proprietor
and the Federal  government  in the reduction of aircraft noise in  their
community.   Thus,  an existing political institution  may be  utilized
in the arbitration process  in a manner permitting considerable  local
discretion while placing an equitable portion of the burden of protection
of the public health  and welfare upon the elected local governments of
the people whose health and welfare is being protected.

           Notification of local land use  decision makers should also
distinguish between those steps  in the process requiring cooperation in
providing basic planning data (i.e.,  the  sensitivity component)  from
those involving some local commitment to a land use control strategy.
Planning data can be provided by a regional (and more impartial) agency
in a more consistent  and efficient manner.  Land use controls  must be
left to  local communities.   The application of the noise units methodo-
logy has  been deliberately  designed to require only planning data, and
hence, only the cooperation of a  regional planning agency is necessary.
This insures  that an important step in the process will be completed
even in the absence of local cooperation.   However, it would be advi-
sable to  give  local land use decision makers the option of conducting
the. noise  sensitivity  component  themselves because the  delegation of
that responsibility to a regional planning agency would essentially con-
stitute a  local commitment to the process itself  and would render the
local decision maker more accountable for its findings.

-------
                                 -47-
           Specific  land use  control  strategies would actually be a
required component of  the airport proprietor's plan;  it would  not be
necessary for the  proprietor to have the power to implement all of
the elements of his plan. In fact,  in many situations, this would be high-
ly undesirable -- certainly a broad interpretation of the "public welfare"
would include the right  to influence local land use decisions through
one's elected officials„ However, where the land use control component
of the proprietor's plan  cannot be implemented through a carefully doc-
umented process of negotiation, certain variances and exceptions would
be in order,  presumably because local decision makers and their con-
stituents  do  not  consider the  existing or projected noise exposure to
be important.  It would clearly be a waste of resources to implement
expensive abatement strategies  to protect a segment  of the population
that does not treat  the  reduction of noise exposure as a priority con-
sideration.   Even where there is a complete lack of cooperation at the
local level,  the  affected land use decision makers would inherit the
responsibility  for permitting future incompatible development  in areas
experiencing high levels of aircraft noise exposure.

           The third objective, the establishment of reasonable classi-
fication criteria  for both  aircraft and airports which  may be utilized
in equitably distributing  abatement costs among users,  is accomplished
by the application of the airport encroachment classification system
and the noise units methodology  together with a regulation which would
classify aircraft according to their established noise emission char-
acteristics and assign an appropriate base  rate  of taxation for their
use.  Because  more research is necessary to establish the cost of a
comprehensive   noise  abatement  strategy,  the  suggested procedure
below should be considered as a general example of a proposed process.

           All aircraft meeting  FAR  Part 36  could be exempted from
user charges to  be  imposed by the CAB.  All other aircraft might be
assigned a base rate of taxation which would be involved only when they
are operated from  airports  with a specified  minimum classification.
The most equitable  type of user charge would probably be reflected in
an increased ticket  price paid by the passenger and  correspondingly
•increased shipment  charges for freight.

           The encroachment   classification   assigned to all airports
would be used for tax purposes only for  those  facilities which achieve
a "discretionary" status, where  the more extensive noise units metho-
dology is  not mandatory.  In such cases, passengers would pay only the
base rate assigned to the aircraft they selected. For example, an air-
craft  meeting FAR  Part 36,   such  as a DC-10, would not be taxed.
However, if the base rate  assigned a Boeing 707 were $5. 00, this user
charge would be added to the ticket price.

           The airport  classification  developed from  the  noise units
methodology  would result in the imposition of a separate and additional
user charge on all aircraft, keyed to the actual noise exposure resulting
from  its  operation  from a given airport.  A DC-10, which would not

-------
                               -48-

have a base aircraft  tax,  would be taxed if it operated from an air-
port with a very high noise exposure rating, and the user charge would
be approximately factored.

           In summary, the system of charges envisioned is one which
differentiates between aircraft types by their noise characteristics,,
and also scales upward or downward  at specific airports according to
the degree of noise impact extant there.

           Under existing law,  it is likely that the CAB has the author-
ity to authorize  such  a user tariff,  although it is not likely that the
resulting funds-could be disbursed for noise abatement purposes.  New
legislation, (or amendment of the Airport and Airway Development Act)
authorizing the  use of such funds  for noise abatement  strategies, t in-
cluding local land use options,  would be necessary.
                                                                i
           Such a system would have an enormous potential for gener-
ating revenue.  For example, an average user charge at Chicago O'Hare
could generate over  $350 million in revenue annually.   The great dis-
parity in revenue generation potential is likely to require new legislation
authorizing the use  of such funds at the local level.   The availability
of such  funding would create a strong incentive for cooperation, supple-
menting those previously mentioned in the certification process.

      C.   The Process Envisioned                            i

           This section will be a detailed explanation of the step-by-
step process envisioned, related  timing and phasing  elements,  and
required supporting documents.  This analysis and presentation could
be shown as  an organization matrix,  with the stages in the process
listed in the left column and the following variables across the top row
as column  headings:

           1.  Controlling decision maker(s)

           2.  Affected decision maker (s)

           3.  Required commitment

           4.  Means of eliciting compliance

           5.   Mechanism demonstrating compliance

           6.   Public participation and notification requirements

           7.   Supporting documents

           8.   Constraints and limitations

           9.   Solutions and alternatives

          10.   Research and analysis requirements

-------
                                -49-

            The stages analyzed for each of these variables are:

            1.   Advance notification

            2.   Selected information request

            3.   Preliminary deletion of facilities from consideration

            4.   Federal encroachment classification

            5.   Notification of encroachment  classification

            6.   Appeal and disposition of discretionary cases

            7.   Required application of the "short form" noise units
                methodology

            8.   Required application of the "long form" noise units
                methodology

            9.   Noise units classification of airports

           10.   Required submission of Phase I  (Draft) Plan

           11.   Required public hearings (held by proprietor)

           12.   Implementation of insignificant cost options

           13.   Determination of variance, exception or  conditional use
                based on local disposition

           14.   Determination of cost effectiveness of options

           15.   Required submission of Phase II (Final) Plan

           16.   Required implementation of cost effective abatement  -
                options

           Based  on the identification of  subtasks,  attempts will be
made to estimate the  timing of this sequence of events. A flow chart
will clarify the relationship  between stages and subtasks,  while the
completed matrix will be useful in identifying key actors,  do.cuments
and requisite processes.

           The following necessary documents are being developed  at
EPA, as part of the airport regulation program:

                Airport Encroachment Classification Manual

                Noise  Units Methodology Handbook

                Standard  Notification Forms

-------
                                -50-


                  .  Federal/ Proprietor

                  .  Proprietor/Local Land Use* Decison Makers

           Initial indications of the forms of some of these documents
are provided in Appendix C.
       D.  Technical Assistance from the Federal Government to Pro-
           prietors,and State and Local Government's"
         '  The  Federal government has the capability of providing
technical assistance to the states and localities in preparing their plans.
This assistance may be in the form of:


           .  Permitting access to computerized models and data banks
             for prediction of community noise from airports,
             highways and'other major sources.
           .  Permitting access to general noise information literature
             retrieval systems
           .  Lending of noise monitoring equipment

                             I
           .  Conducting  training courses  and conferences for public
             officials,  community financial leaders  and the  general
             public          i
             Providing  direct  consultation on  technical  and legal
             problems
             Provision of model state  and urban noise control legis-
             lation

             Provision of miscellaneous information (films, manuals,
             etc. )
           These are the kinds of assistance which presently are being
given by EPA and several other agencies,  and are expected to continue
and increase. It is anticipated that the EPA regional  offices will  be
the central coordination points for persons requesting such assistance.

-------
                                -51-
      E.   Relation to ongoing state/local land use planning/control and
           to" Federal decisions affecting the  airport  and  surrounding'
           communities.
           Historically,  land  use zoning has been primarily a local
 function and to a limited extent some states recently have been imposing
 restrictions on land use.  Several Federal land use bills have been con-
 sidered but as of yet none  has been enacted.   However,  several Federal
 agencies (primarily EPA, DOT, and HUD) have some indirect influence
 over land use.   These influences fall into three categories:
           1.  Indirect control  through  their discretion over Federal
               grant money to states or  cities.

           2.  Control over Federal money which goes to individuals.

           3.  Specific authority to approve or disapprove certain state
               programs; e.g.,  waste water treatment plans.
           One of the goals is to determine how states might be en-
couraged to  develop  their own airport land use plans or require local
development of such plans by placing restrictions on the granting and
use of Federal monies.  Two problems arise:
           1.  There is a continuing shift of Federal intergovernmental
              monies from grant  programs  to the  general revenue
              sharing program,  resulting in the  loss of Federal re-
              striction on the receipt and use of the money.

           2.  If states are encouraged to develop land  use plans  (or
              at least policy) which coordinate with Federal goals,
              the plan still has to be imposed on local governments, a
              step which is  difficult  at best.   This may be avoidable
              by state enactment of requirements that local govern-
              ments develop such plans.


           Such efforts are confined to the interest and authority of the
particular agency or office and thus  lack the pervasive and long range
aspects which are necessary for any efficient land use plan.  For ex-
ample,  if air quality is poor,  regulations may be promulgated by.EPA
under the Clean Air  Act  to control further increases in  air pollution,
but the air standards maybe met by increasing water pollution or some
other detrimental activity. HUD refuses to guarantee loans for housing
in noise impacted areas  but  at  present  the VA will.   DOT has  the
authority to refuse to finance roads that will induce new housing in noise
impacted areas, but the state road authority can merely do some budget

-------
                            -52-

reallocation to make sure the state requests money for non-noise area
construction,  and earmarks state funds for projects around airport or
other noise impacted areas.                    j
                                              •

        Piecemeal plans such as those mentioned above either (1) im-
pact on a limited  population,  or (2) prevent only limited uses and thus
although they may prevent the specific acts they are designed to prevent,
they also create loopholes in  the regulations, and place added burdens
on States and localities. The loopholes result from different definitions
and regulations applied by different agencies.   The burden is that the
states,  localities, and individuals must interpret several varying reg-
ulations,  which slows  up their own  regulations and  also delays the
imposition of Federal regulations and  intent.  Because of varied inter-
pretations of conflicting rules from different agencies, and intentional
hedging on the part of those individuals,  localities,  and states which do
not want to comply,  the conflicts have to be  resolved  through  court
action,  legislation, negotiations, and adjusted regulations, all of which
takes time.  It would be worth considerable effort on the Federal gov-
ernment's part to develop an integrated process with respect to the
various environmental  requirements,  so that local governments would
not be confronted  by a  multitude of conflicting constraints the effects
of which now become evident only at the point of land use decision-mak-
ing.
       The most desirable situation would be  for each  state to have in.
existence  a  comprehensive land use  control program which would
include control  of noise impacted areas.  However,  to have a broad
Federal landuse program of some kind would lend continuity.  The less
desirable alternative is the piece-by-piece  control by specific agencies
over a limited number of activities.   In this latter case it would  be
necessary for EPA,  for example, to  focus  on airport noise and air
quality impact and concentrate on those programs or grants which may
be used to effect such control.  The first major considerations in such
an effort are:

       1.  Those  controls which  are likely to eliminate the most in-
           compatible uses;  and

       2.  Those  controls which  will have the most impact on future
           state or local activity or individual action.

       Finally,   rather  than consider  agency-by-agency  regulatory
action, legislation and/or the use of an  Executive  Order may be  used
to impose on agencies the duty to consider the land use  impacts of their
activities.
       The  President has authority to make use of the Executive Order
to delegate to Federal agencies the responsibilities which are imposed
upon  him by  Congress, or to direct agencies as to how the Executive
Branch will go about meeting the policies and standards laid down  by

-------
                         -53-
Congress,   including  those  in NEPA.   An  Executive Order lends
continuity to Federal action and imposes a standing legal duty on agency
heads to act in a given manner, thus narrowing the amount of interpre-
tive discretion left to individual agencies.  .
       The Environmental Protection Agency has the authority under
the Noise Control Act of 1972 to recommend for promulgation by the
Federal Aviation Administration airport/aircraft regulations to reduce
the noise impact of aircraft on the public health and welfare.  Existing
technology and flight procedures can quiet aircraft only so much, there-
fore it is important to consider limitation on the development and use
of areas which are impacted by aircraft noise.


       The construction  of  airports  creates developmental  pres-
sures.  This  includes residential housing  and commercial/industrial
expansion and results from:

       1.  High  level of ground  transportation accessibility generally
           available near airports;

       2.  Traffic volumes which attract:

           (a) Industrial/ corporate offices because of high visibility

           (b) Commercial uses that service the automobile passenger;

       3.  Realization by entrepeneurs that business can most  easily
           be  conducted at the airport, motels,  hotels, restaurants,
           etc.

       4.  Employees  of air  facility - as an employment center, de-
           mands are generated for housing, supporting services,  etc.,
           as  general freeway congestion increases in  a metropolitan
           area; and

       5.  Generally flat topography,  which makes land development
           easy.
       Control of these developmental pressures is a necessary part
of airport noise regulations as well as other environmental regulation;
e. g., air quality maintenance and sewage disposal.  Efforts are under
way to control the land use around airports to be built in the future.
In most cases, however, the airport already exists and the ability to
control development is the more important task.
       The development of a proposed strategy for concerted Federal-
state-local land use control,  making efficient use of  existing  legal

-------
                                  -54-
authorities and institutions, is part of the current  airport noise regu-
lation program at EPA.   It may well be the most challenging aspect of
the entire study  program.   In  the  final version of the project report
the resulting document will be presented as Appendix I.   In this draft,
Appendix I contains an outline of the planned study report.

-------
                                  -55-

V.  Alternative  Regulatory Proposals and Evaluation of Their Impacts

       In the final  project  report,  this  section will display both the
several alternative regulations postulated for evaluation and the results
of those  evaluations.  The evaluation of  alternatives will include all
those facets which  EPA would have  to consider if the regulation were
being promulgated by  EPA. Hence, estimates of the nationwide effects
must be  developed  which are responsive  to the statutory decisional
criteria incumbent  upon both EPA and FAA in  the  regulation of  noise
from aviation.

       The reason  for this is two-fold:  First,  reasonable and prudent
decisions by the  EPA Administrator concerning the appropriate regula-
tion to submit to the FAA require this complete  data base.   Second,
the time  table set forth in Section 611 of the  Federal Aviation Act (as
amended) for  FAA  response to EPA's submitted regulatory proposals
implies the necessity for such a data base within  30 days  of EPA's
submittal,  since FAA is required at that time to publish EPA's sub-
mitted regulation in a Notice  of  Proposed Rulemaking.  Without the
preparation and publication  of such  a data base in advance of EPA's
submittal,  the required FAA public  hearings would be much less use-
ful.  More importantly, an extensive time delay between the FAA notice
of proposed rulemaking and  promulgation of a  final rule could result,
due to the  necessity of carrying  out the required  studies to provide
the missing data base.

       Further, the FAA will be required to prepare an environmental
impact statement on its proposed rule,  which  EIS  will be subject to
EPA review and comment.  EPA's program for developing the regula-
tory package  therefore must lay  the factual  groundwork for comment
on the FAA's impact statement.

       Therefore,  the various  regulatory alternatives must be evalu-
ated in terms of:

       *  Amount  of  improvement to  the  public health  and welfare
          with respect to noise, as a function of time (e.g., 1980,  1990,
          2000).

       *  Maintenance of highest degree of safety.  (Note that the final
          evaluation of safety rests with the FAA, and that regulations
          on aircraft  noise emissions and flight  procedures will have
          been  evaluated individually with respect to safety).

       *  Probable  social and  economic impacts on airport regions
         (an approximate, national estimate).

       *  Probable  economic impacts on the air transportation system,
         including  foreign commerce and with various financing strat-
         egies acting  on the economic system.

       *  Other  major environmental (e.g., air quality) and resource
         (e. g.,  land and energy) effects.

-------
                                -56-
       Finally,  there are certain  pragmatic questions which must be
answered prior to promulgation of a regulation,  whether statutorily
required or not.   These include, in the case of an airport regulation.,
development of proposed methods for financing, the probable amounts
of financial resources demanded both for administration and for  imple-
mentation, and proposed implementation support strategies for  such
key issues as land use control and monitoring.

       Study projects are under way to answer the above requirements.
In some cases, significant portions of the information needed is being
drawn from studies completed or under way in other agencies.  The
remaining body of studies is  being  done  by  EPA staff,  with heavy
support from contracted efforts.

       There are  two basic alternative paths which could be taken in
an airport noise regulation proposal,  and within each of these there
are subsets.  The  two basic paths under consideration are:

       (1)  Specific performance standards with associated time tables
for different categories of airports (classified according to the  diff-
iculty of achieving a specified standard).  An example of this approach
is the California airport noise standard.

       The many different ways of expressing such a  performance
standard include, but are not limited to: (a) the amount of area of incom-
patible land, where "incompatibility" is defined for various land  uses
by a limiting value of noise exposure in a  cumulative scale such  as
day-night average sound level  (Ldn),  (b) the number of  people within
specified  limiting  values of Ldn,  (c) the number of Noise Units asso-
ciated with a given airport and within its various  emission intensity
zones, where Noise Units are  computed from  a technique accounting
for the presence of people, the  relative noise-sensitivity of the activity
associated with the land use, and the  degree of noise exposure excess
above a certain sensitivity threshhold.

       (2) A specified process for local development  and Federal
approval of airport noise abatement plans,  whereby the data require-
ments and public consultation requirements are so completely specified
that a "best effort" result can be expected and yet maximum flexibility
is available for the tradeoff s which must be made between "protection of
the public health and welfare with respect to noise"  on the one hand and
conflicting general public welfare demands on the other.

       The present disposition of the EPA airport noise regulation de-
velopment team is toward  the latter of these two basic alternative
paths.                 .

-------
                                 -57-
VI.  The Recommended Regulatory Program

         In the final project report,  this section will contain the high-
lights of the particular regulatory program  being recommended to the
FAA. (An interim  draft  will utilize this  section to provide the  EPA
staff's  recommendation  to  the  EPA  Administrator,   subject  to his
modification.)

         The highlights of the   regulation itself will  be summarized
(with the actual text relegated to an appendix).   The  highlights of the
supplemental facets of the proposed program will also be summarized
here.  These supplemental facets include:

         Guidelines/processes/tools  available  for  local development
         and Federal approval of airport noise abatement plans;

         Proposed   strategy for  administration, monitoring, and en-
         forcement;

         Proposed strategy for financing;

         Proposed strategy for land use control consistent with ap-
         proved airport noise abatement plans;

         Proposed Federal interagency cooperation strategy for sup-
         porting the implementation  of the airport regulation;

         Legislative recommendations;

         Summary  of anticipated impacts (positive and negative), based
         on the impact studies associated with the recommended regu-
         latory alternative (to be reported in Section V above).

         Detailed information in support of this summary will be pro-
vided in Section V  or as appendices.

-------
                               -58-



 VII. Footnotes


                             Prologue


_!/  "Report on Aircraft/Airport Noise", Report of the  Administrator
 of the Environmental Protection Agency in Compliance with Public Law
 92-574,  Senate Committee on Public  Works, Serial No. 93-8,  August
 1973.

 2/  "Legal and Institutional Analysis of Aircraft and Airport Noise arid
 Apportionment of Authority between Federal, State and  Local Govern-
 ments", Report of Task Group 1, EPA NTID 73. 2,  27 July 1973.

 3/  "Operations  Analysis  Including Monitoring, Enforcement, Safety
 and Cost",  Report of Task Group 2,  EPA NTID 73. 3,  27 July 1973.

 4/  "impact  Characterization of Noise  Levels Including Implications
 of Identifying and Achieving  Levels of  Cumulative Noise Exposure",
 Report of Task Group 3, EPA NTID 73.4, 27 July 1973.

 5/  "Noise Source Abatement Technology and Cost Analysis Including
 Retrofitting", Report of Task Group 4,  EPA NTID 73. 5, 27 July 1973.

 C/  "Review and Analysis of Present and  Planned FAA Noise Regulatory
 Actions and their Consequences Regarding Aircraft and Airport Opera-
 tion", Report of Task Group 5, EPA NTID 73. 6, 27 July 1973.

 8/  "Public Health and Welfare Criteria for Noise",  EPA  Technical
 Document 550/9-73-002, 27 July 1973.

 9/  "information on Levels of  Environmental Noise Requisite to Protect
 Public Health and Welfare  with an  Adequate Margin of Safety",  EPA
 Technical Document 550/9-74-004, March 1974.

 10/  "Aircraft and Airport Noise Regulations",  Notice of Public Com-
 ment Period,  Federal Register Vol. 39,  Page 6142, 19 February 1974.


                             Chapter I


 I/  "Value of Aviation Activity",  Fromm, G.,  Data Resources, Inc.,
"January 1973.

 2/  "The Long Range Needs of Aviation", Volume II, Technical Annex
 to the Report of the Aviation Advisory Commission, January 1973.

-------
                                 -59-
 3/  Ibid.

 4/  Ibid.

 5/  "FAA Statistical Handbook of Civil Aviation",  Department of Trans-
 portation Federal Aviation Administration (Annually).

 6/  "Turbojet" powered also includes those aircraft engines which are
 commonly referred to as turbofans.

 77  Aerospace Industries Association.

 8/  Federal Aviation Administration, Advisory Circular No. 150/5090
 -2, 25 June 1971.

 9/  "Forecast of Air Traffic Demand  and Activity Levels  to the Year
 2000",  Semat, Hellosen and Eickner,  Inc.  27 March 1972.

 10/  "impact  Characterization of Noise  Levels Including Implications
 of Identifying and Achieving Levels of Cumulative Noise  Exposure",
 Report of Task Group 3,  EPA  NTID 73. 4, 27 July 1973.

 ll/  Office of the City Attorney, Los  Angeles,  California.

 12/ 49 U.S. C.  §1301, et. seq. , (used interchangably in this text as the
     Act).            ~
13/  49 U.S. C.  §1349 & §1350.

!£/  Airport and Airway Development Act, §51(b)(l), -19 U.S. C.A.  §1432
et. seq., 84 Stat. 234.

15_/  49 U. S. C.  §1348(a).

16/  49 U.S. C.  §1348(c).

17/  42 U.S. C.A. §4901(a)(3).

18/ "information on Levels of Environmental Noise Requisite to Protect
Public Health and  Welfare with an Adequate Margin  of Safety",  EPA
Technical Document 550/9-74-004, March 1974.

19/  49 U.S. C.A. §1716(c)(3).


                           Chapter III


I/  City of  Burbank v.  Lockheed Air  Terminal,  Inc.,   93 Sup. Ct.
T854  (1973).

-------
                              -60-
Chaoter III (con't)

21 Conversation between Bass Lockett of FAA and Larry Blackwood
of EPA, April 4, 1974.

3/ Ibid.
4/ Conversationbetween Charles Newpol of FAA and Larry Blackwood
of EPA, April 5, 1974.

-------
                       APPENDIX A
  TEXT OF THE PROPOSED AIRPORT NOISE REGULATION
To be provided in future  drafts of the project report, following



the postulation of specific regulatory alternatives, and following



their evaluation in terms of  potential nation-wide benefits  and



consequences,  to be set forth  in Section V above.

-------
                  APPENDIX B
RELATIONSHIP TO OTHER FEDERAL AVIATION REGULATIONS
This Appendix is expected to appear in the final draft of the project



report. The  intent is to identify  significant  changes in any other



sections of the FAR's -- not necessarily those specifically related



to noise -- which might be necessary for consistency with the pro-



posed airport noise regulation.

-------
                          APPENDIX C

            GUIDELINES AND PROCESS FOR DEVELOPMENT

               OF AIRPORT IMPLEMENTATION PLANS
In the final  project  report,  this  Appendix will consist of the set of
processes and procedural guidelines developed to assist airports and
local governments in developing a preferred implementation plan or
"airport noise abatement plan. "

    In the interim, an indication of the nature  of these  processes,
guidelines and handbooks is provided in the preliminary text sections:
    *  A Proposed Airport Impact Evaluation Process

    *  Airport Encroachment Classification Manual

    *  Outline for the Handbook on Application of the Noise Units
       Methodology
It will  be noted that a summary version of the "process" was given in
Section IV C, above.

-------
                                 C-2

                    A PROPOSED> AIRPORT'IMPACT
                        EVALUATION PROCESS
        The  following  sequence  of steps is  intended  to  describe  a
 process which airport  proprietors and local  planning agencies might
 employ in developing preferred Airport Noise Abatement plans. Such
 plans would be submitted to the  FAA in order to obtain specific FAA
 certification for  airport noise, in compliance with FAA Airport Noise
 Regulations. Each step in the process is intended to require increasing
 cooperation between proprietors and local planning agencies. Because
 it may not be possible to  complete the  entire  process  at  airports
 experiencing intensive conflict with local jurisdictions, the successful
 completion of each step should provide  a useful output that is not depen-
 dent upon further commitment or cooperation.  The completion of the
 entire process is actually an idealistic goal; more effective plans  are
 likely to result from the ideal" methodology, but significant abatement
 potential  should  be realized if the  process must be prematurely
 terminated for legal, political, or financial reasons.

        Although Table  1 indicates that the Airport Impact Evaluation
 process is  comprised of twelve ^sequential steps, there are only four
 significant outputs; (1) the Classification of Airports, (2) The determin-
 ation of the resulting  Noise Exposure" (expressed  in noise units)  for
 various abatement options,  (3) iThe development  of a Short  Range
 insignificant cost Airport Noise Abatement Plan, and (4) The develop -
 ment of a Long Range cost  effective  comprehensive  Airport Noise
 Abatement Plan.  These outputs are obtained as follows.

 Table 1.   Steps  in the Proposed Airport Impact Evaluation Process

 1.  Proprietor's information request
 2.   Elimination and exemption of compatible facilities
 3.   Encroachment classification of airports
 4.   Notification of encroachment classification
 5.   Appeal of encroachment classification and disposition of discretionary
     cases
 6.   Required application of "Short  Form" noise units methodology at
     selected facilities
 7.   Required application of "Long Form" noise  units methodology at
     selected facilities
 8.   Noise units classification of selected airports
 9.   Required  submission of short  range plan for implementation of
     insignificant cost options
10.   Analysis  of   trade-offs  between  program  options available to
     proprietors and local agencies
11.  Federal review of proposed long range abatement plan
12.   Required implementation of cost effective abatement options

-------
                                 C-3

I.   Proprietor's Information Request

       Shortly following the promulation of the Airport Noise Reg-
ulation,  the FAA would notify all airport proprietors of the purpose,
intent, and  requirements prescribed therein.  Such  notification would
be  accompanied  by  a questionnaire designed  to obtain information
concerning  the operational characteristics and  future intended use of
air facilities (particularly general aviation airports in urbanized areas)
for which   data   necessary  for classification  might be  considered
inadequate.

2.   Elimination and Exemption of Compatible Facilities

        Information received from such  questionnaries  and  satellite
photography would be utilized  in determining which airports could be
exempted from further analysis.   Such exemption would  probably be a
type of temporary certification granted in  cases where surrounding land
uses and operational characteristics clearly indicate that a compatible
relationship is present and will  continue to exist for  a  substantial
period of time.

3.   Encroachment Classification of Airports

        It is likely that  a  large number of airports will  require  more
detailed evaluation in order to determine the appropriate  level of effort
and analysis techniques necessary to develop   acceptable  abatement
plans.  For this purpose,  aerial photography and census  data would be
applied in a uniform way to all air facilities not previously exempted
in order to  determine the general  extent of the  encroachment of in-
compatible land uses on  major flight paths.  Such analytical techniques
would  result  in  numerical  encroachment ratings,  which  would be
modified for  fleet mix and flight path  utilization characteristics to
obtain composite  encroachment  ratings.  Such quantitative  indices
would then be employed in classifying airports as follows:

    Class A - Severe encroachment; must comply with all sections
              of regulation; must employ both the short and the long
              forms of  noise  units methodology; entitled to special
              variances and exc options in certification process.

    Class B - Significant encroachment; must comply with selected
              sections of  regulations; must  employ  the short form
              of noise units  methodology and those sections of the
              long form pertainingto land use control  for undevel-
              oped land,   must  demonstrate  hardship to  obtain
              variance in certification process.  Exceptions granted
              for severe political fragmentation.

-------
                                 C-4
     Class C - Impending  encroachment:  must comply with selected
               sections of regulations; must employ the short form,
               stressing  identification of potential noise units for
               undeveloped land.  Variances granted only for severe
               hardship.

     Class D- Compatible facility with extensive emission potential;
               must comply with selected sections of the regulation;
               must identify potential noise  units  for  undeveloped
               land: abatement plan not required.

     Class E - Compatible  facility  with   insignificant  emission
               potential; granted temporary certification.

4.  Notification of Encroachment Classification

        The  classifying  Federal agency would notify proprietors of
the classifications assigned to their airports, provide the tools for
an independent  evaluation  (Airport  Encroachment  Classification
Manual) and  a specified time period for appeal.

5.  Appeal   of  Encroachment  Classification  and Disposition of
    Discretionary Cases

        Proprietors  conduct  independent   evaluation  and appeal
classification if there is  a significant and detrimental discrepancy.
Some proprietors may wish to obtain a higher classification and will
be so classified upon written request.  The classification of discre-
tionary  cases,  (i.e.,   those  falling between  classes) would  be
determined on the  basis of secondary  considerations like the degree
of local political fragmentation,  track  record in obtaining  local
cooperation in the land use decision making process, etc.

6.  Required Application  of the Short Form Noise Units Methodology

        At this point, all airports not  certificated during the classi-
fication process  would be required to utilize the short form noise
units methodology.  The responsibility for applying this methodology
would be divided between airport proprietors  and local  planning
agencies,  with the former developing a study area and geographic
sampling   system  for the forecasting and  presentation of noise
emission levels and the latter utilizing the sampling system (using a
grid, not  contours) to develop and record the noise sensitivity of
various land uses, including the potential sensitivity of undeveloping
or redeveloping land.   This portion  of the noise units methodology
is termed  short form because the data requirements  have been
simplified  in order to expedite the completion of a significant step
in the planning process.   For example,  the proprietor would  be
making good  estimates of emission levels for a limited number of
options, while the local planning agencies would be developing noise
sensitivity information from general land use and zoning maps.

-------
                                  C-5

        Local cooperation would  be  elicited as follows.   The air-
port proprietor would receive a  document  (or set.  of  documents)
from the  FAA  addressed to appropriate local governing bodies,
inviting and  encouraging their participation in the development  of
the Airport Noise Abatement Plan. Data requirements and requisite
levels  of  commitment  would be  specified and financial assistance
offered.

        If the desired information were not developed and  delivered
in a timely and expeditious  manner,  the  airport  woudl qualify for
automatic temporary certification because of a demonstrated hard-
ship caused by the lack of  local  concern  for  the airport  noise
problem.   If compliance  had not been obtained by the end of the
temporary certification time  period, the proprietor would be author-
ized to engage a private consultant of his choosing to complete the
local governments  half  of the noise/units methodology.   The exact
procedures  for applying, the noise units  methodology would  be set
forth in a noise units methodology handbook.

7.  Required Application of the Long Form Noise Units Methodology.
    at  Selected Facilities

        The Long  Form would differ  from the short form in that
it would be. required only for those airports experiencing a substan-
tial and continuing aircraft noise impact, and would necessitate the
development of a more extensive evaluation process. Noise emission
characteristics for a wider variety of  abatement  options with more
detailed  operational  variables would be required  of the proprietor,
while local planning  agencies would  need to include such factors  as
structural  attenuation, transient population,  and  ambient  noise
levels  in weighting the  noise sensitivity of specific parcels of land.
Acceptability  criteria for noise  exposure levels  would be factored
appropriately.

8.  Noise Units Classification of Selected  Facilities

        The noise units  resulting from both the short and long form
analyses  would constitute a final  criterion  for  the classification
of the  more severely impacted  airports.  Such classifications could
be utilized in determining funding  priorities and developing financing
mechanisms  related to  various  user charges.

9.  Required Submission of  Short Range  Plan  for Implementation
    of  Insignificant Cost Options

        The  completion  of   the  noise units methodology  should
provide   proprietors with detailed land use sensitivity information
which  could quantitatively and  graphically depict the configuration
of "Acoustical  Space" in the vicinity of the airport, enabling them  to

-------
                                C-6
develop   low  cost  abatement  strategies  related  to  operational
options.  In addition, the potential for increases in noise units resulting
from land  use  changes  (further  encroachment resulting  from the
development or  redevelopment  of land) in specific geographic  areas
would be  identified, clearly indicating  the need for local cooperation
and  intervention   or  establishing  priorities  for  the acquisition of
property rights where necessary.

        Such considerations would comprise important components of
the short  range  plan, which .would be  presented at a public  hearing
and  submitted  to  the  FAA  (and possibly  other reviewing  agencies)
together with the comments and  criticisms obtained.   It  is  likely that
much controversy would focus on what constituted an insignificant cost
abatement option, for both proprietors and local  land use decision-
makers.  The resulting  exchange of information should result in an
increased appreciation for the difficult situations facing  both parties,
and in some cases could hopefully lead to the pursuit of a few significant
cost abatement options by  both parties on  a  quid  pro quo  basis.
Approval of the short range plan would result in temporary, certification
of the airport.   Failure to develop an acceptable abatement plan would
result in  the proprietor  operating  his  airport without  certification,
and requisite sanctions would be applicable,  but only in cases  where
local planning  agencies had fulfilled their obligations in a timely and
expeditious manner.

10.  Analysis of  Trade-Off s  Between  Program  Options  Available to
     Proprietors  and Local Agencies

        Long term or continuing certification would  be  obtained by
developing an acceptable  long range, time phased, abatement plan that
carefully  analyzes a wide variety of  program options associated with
significant costs for both airport proprietors and local general purpose
governments.  Such  a plan  would stress  the cost effectiveness of
comprehensive abatement strategies comprised of various combinations
of abatement options:   flight schedule restrictions, land acquisition,
restricted use easements,  leasebacks,  sellbacks,  building  codes,
compatible use zoning,  and restrictive growth policies related  to the
witholding of community facilities necessary for development.

        Such considerations would  result  in the development of long
range abatement  plans that  would achieve a reduction of a  number of
noise units by specified dates (e. g., at five,  ten and fifteen year incre-
ments) that  were  technically,  economically, and politically feasible.

11.  Federal Review of Proposed Long Range Abatement Plan

        The FAA and  other state and Federal agencies (including EPA
and HUD) would review the proposed long range abatement  plan in order
to determine  funding  priorities and the  appropriate sanctions  that

-------
                                C-7
should be applied in  order to elicit  the  requisite  degree  of  local
governmental compliance. An acceptable plan would then be adopted,  a
certificate  granted,  and   monetary  and administrative  assistance
provided.

12.  Required Implementation of Cost Effective Abatement Options

        Such support and certification would continue only in the pres-
ence of indications that the described abatement plan is actually being
implemented.   Provisions for exception and variances would be made
in cases where  unforseen circumstances prevent  timely implementa-
tion.  Decisional criteria for  the granting of exceptions and variances
should be set forth in the  airport noise  regulation itself.

-------
                             C-8

     AIRPORT ENCROACHMENT CLASSIFICATION MANUAL

                    (PRELIMINARY DRAFT)

A.  PURPOSE

       This manual  has   been  issued in conjunction with FAR   ,
by the Federal Aviation Administration,  to  assist  airport  operators
in the determination of the general  extent to which incompatible  de-
velopment  exists in the vicinity of the airport and major flight paths;
and is identical to the procedure employed by the  FAA and participat-
ing agencies  in  determining whether more  detailed analyses  may be
necessary.   Facilities experiencing a substantial degree of encroach-
ment will be required  to apply the noise  units methodology  described
in Part 	of FAR	.  The noise units methodology is designed to
assist airport operators and  local  planning agencies in evaluating the
cost effectiveness of various noise abatement options, and to assist
the Federal   government  in  administering  the  airport  certification
process.

        Because encroachment  classifications are determined  by par-
ticipating Federal agencies,  it  is important that airport  operators
independently evaluate  the land  development in the vicinity  of their
facilities in order that they may  be afforded the opportunity to appeal
a given classification and more  fully participate  in the  final disposition
of discretionary cases.

B.  DATA REQUIREMENTS, TOOLS AND SOURCES

        It is important  that the proper specificity of data be employed
for the intended analytical purposes.  Because the encroachment class-
ification is  general and descriptive in nature, only two basic  sources
of data are necessary:  current  aerial photography and the  1970 census
of population and housing.  There exists  a potential trade-off  between
these  two basic data sources.  In highly  urbanized areas, where land
tends  to be  intensely developed and presented as a complicated mix-
ture of building structures,  aerial photography becomes difficult to use.
Fortunately,  where such conditions exist, census  data is presented in
the "block  statistics" format, and may be used to validate conclusions
drawn from aerial photography,  or in some  cases may be substituted
for it.   Conversely,  in more  sparsely populated areas, census data is
presented in the tract  or  enumeration  distract format and  should be
used only to  estimate the  occupancy ratios of dwelling units observed
in aerial photography.

        The list of data requirements,  tools,  and sources necessary
to complete the  encroachment  classification of  your facility  is  as
follows:

    1.  Aerial photograph  along all flight paths, terminating  not less
than 5 miles from the end of each runway.

-------
                          C-9

        The U. S.  Coast and Geodetic Survey maintains such  photog-
raphy for all  air carrier airports  in  the United States at scales of
I" =  1500' and  l" = 2500'.  In addition the  U.  S. Geological Survey
•naintains aerial photography of the entire United- States at  a scale of
l" = 2000', although some sections are somewhat dated.  A map of the
United States, indicating the dates of the most recent photography, is
available free of charge.

        Many local planning agencies also maintain  excellent aerial
photography.   Although scales  of less than  l"  =  1000' are common,
requiring larger working spaces, they represent an important resource
which should not be overlooked.  Finally, many private aerial photog-
raphy firms maintain a  large inventory of current photography at var-
ious scales, and are equipped to respond quickly to specific requests.

    2.  TheU. S.  Census of Population and Housing for 1970.  Enumer-
ation district,  tract,  and block  statistics  are keyed to  census maps at
various scales.   If your study area  falls  within an urbanized area,  as
defined by the Bureau of the Census, block statistics  Hc(3), are avail-
able and  keyed to census maps scaled to l" =  2000'.

    3.  One  logarithmically segmented, transparent  template, appro-
priately  scaled  to  the data source employed.  Figure  1  presents  the
standard template at a scale of I1 = 2000'.

    4.  Current  statistics  on average annual  daily runway utilization,
and practical annual capacity for your airport.

    5.  Estimates of the current  mix of aircraft utilizing your facility.

C.  PROCEDURE

    1.  Obtain and assemble aerial  photography and/or  census  data
and  maps as required.

    2.  Scale template in Figure 1  to match the  scale of the  data
sources.

    3.  Using the attached worksheet,  fill in the required data.   The
base of the template should be superimposed  on the end of the runway
and center on the flight  path under consideration (see  Figure 2).

    4.  Before  beginning, examine  the attached worksheet,   Figure  1,
and Table 1, to become familiar with the  way in which  the components
of the procedure  relate  to each other.

        Note that the segmented template is not, a noise contour - it is
a simple sampling  device designed to record land use in incremental
segments.

-------
Figure 1.  STANDARD TEMPLATE

-------
                          C-10
        The segments become progressively longer, because  as the
distance between the aircraft and the ground becomes greater, equiva-
lent levels of noise are distributed over larger areas.

        The entire template is  blocked with a 10 acre  grid to assist
the analyst in estimating population density.   It is important to note
that the land use index (Column 1 on the worksheet) is derived from a
density factor (Column E) and is not indicative of the population exposed
to a given level of noise.

        Note that there is one worksheet required for each flight path.
The land use  compatibility rating for  your facility is the sum  of all
segment totals under Column 1.

    5.  The completed  sample worksheet will clarify the procedure.
It has been used to record airport operating and land use  data for flight
path 24R at a fictitious airport.

    5. 1  Column A identifies the segment of the template being examined.

    5. 2  In  Column B, the analyst has made an estimate of the propor-
tion of the segment which has been developed primarily for residential
land use.   It  is often helpful to outline this area  in grease pencil to
assist in the derivation of dwelling unit density factors.   Note in seg-
ment 4, the analyst's identification of an elementary school.

    5. 3 In Column C,  the analyst  has estimated the average number
of dwelling units per gross acre in the  developed section.  Since much
residential development is presented in fairly homogenous patterns in
accordance with local  zoning laws,  it is rarely necessary to count every
unit.  The analyst will usually determine a dwelling unit  density factor
for a 10  acre parcel and apply it to all  contigious development that ap-
pears homogenous.  In more rural situations, where it  is difficult to
relate a parcel of land to a given dwelling unit, he  must carefully exam-
ine the photograph to  avoid  counting the many outbuildings related to
agricultural land use as dwelling units.  In very urban situations,  where
a mixture of single and multifamily units is presented,  census  statistics
should be used in determining density factors.

    5. 4 In Column D.  the analyst has simply corrected for the average
number of occupants per dwelling unit.  Such ratios are usually derived
from census  data  on housing and population for several  tracts around
the airport.

    5. 5  In Column E,  the analyst has simply  multiplied . Column B
times Column C times Column D.

-------
                           C-ll

    5. 6 In Column F, the analyst has determined the appropriate dis-
tance* factor for each segment from Table 2, which adjusts the rate of
decrease  for the mix of aircraft using the airport as a function of the
mean distance of each segment from the runway.

    5. 7 In Column G,  the analyst has computed a noise exposure factor
by multiplying Column F by Column E.

    5. 8 In Column H, the analyst has corrected for the average number
of aircraft utilizing the  flight path (takeoffs and landings).   He has
simply taken the average number of overflights,  entered, the  log table
(Table 2) and found that Logio of 200 is 2. 3.

    5. 9 In Column I, the analyst has derived the segment land use
index by multiplying Column G by Column H and totalling the segments.
Flight Path 24R therefore has a land use compatibility rating of  about
197.  The composite rating for the airport is obtained by totalling this
rating for all flight paths.

-------
TABLE 1   WORKSHEET FOR FLIGHT PATH  24R,  U.S.  INTERNATIONAL  AIRPORT  -  SAMPLE
A BC DEF GH

Average Average Segment Distance Noise
Template Percent dwellings occupancy density factor exposure LogiQ daily
segment developed per gross ratio factor (from potential operations
acre (BxCxD) Table 1) (ExF)
1 .20 4 3.6 2.88 10.0 . . 28.8 2
(for
2 .30 4 3.6 4.32 5.0 21.6 2
3 .60 5 3.6 . 10.8 2.5 27.0 2
4 .20 3 3.6 2.16 1.25 2.7 2
*E.S.
5 .50 5 3.6 9.0 .6125 5.6 2
TOTALS 3.6 29.16 85.7 2
.3
200)
.3
.3
.3
*
.3
.3
I
Segment
land use
index
66.24
49.68
62.10
6.21
*E.S.
12.88
197.11

-------
TABLE 2
D E
A ' B C (Total Segment Weight
Aircraft Factor Percent (AxB) C) 1234 5
2
3
4
3
4
Eng 6
Eng 10
Eng 35
Eng HBPR 5
Eng HBPR 7
13-15 10 7 5 3 2
10-12 10 5 2.5 1.25 .6125
7-9 10 4 2 1 .5
4-6 10 3 1 .3 .1


-------
                         C-12

        The following (preliminary) forms are indicative  of  the type
of notification which  the  FAA could transmit to airport proprietors,
apprising them  of  their airport land use  compatibility ratings based
on Federal estimates,  and advising them  of actions  they  must take,
as well as of their opportunity for appeal.

-------
                         C-12L

FORM 1
AIRPORT LAND USE CLASSIFICATION SYSTEM: PROPRIETOR'S
NOTIFICATION OF MANDATORY COMPLIANCE
Dear Sir:

The U. S.  Coast and Geodetic Survey,  in  cooperation with the U.  S.
Geological Survey and Bureau of the Census,  under contract to and
at the direction  of the Federal Aviation Administration, has determ-
ined that U. S.  International Airport has obtained  a  land use compat-
ibility rating of  261.

A land use rating of 261  presently ranks  7th, between Seattle Tacoma
(437) and Detroit Metropolitan (166).  The Administrator is pleased to
note that your facility maintains the lowest land use rating per annual
operation of the  20 largest airports.

Because a land use  rating of 261 makes compliance with all sections of
Part	  of FAR __^__ mandatory, the Administrator encourages and
invites your independent  evaluation of the above classification.  Please
find attached one airport encroachment classification man vial and the
USCGS worksheets for U. S. International Airport.

This letter shall serve as notice of the Administrator's  determination
that you must  comply with the described sections of FAR	.  Failure
to contest this determination within 90 days shall constitute agreement
on the part of the proprietor.

-------
                        C-14

 FORM II

 AIRPORT LAND USE CLASSIFICATION SYSTEM:  PROPRIETOR'S
 NOTIFICATION OF DISCRETIONARY COMPLIANCE


 Dear Sir:

 The U.  S.  Coast and  Geodetic Survey in cooperation with the U. S.
 Geological Survey and Bureau of the  Census, under contract to and
 at the direction of the  Federal Aviation Administration, has determ-
 ined that U.  S.  Regional Airport has obtained a land use compatibility
 rating of 74.

 A land use rating of 74presently ranks 35th, between Rochester, N, Y.
 (75) and Charlotte, N.  C. (73).  Because a land use rating of 74 makes
 compliance with Section 	, Part	  of FAR	mandatory and com-
 pliance   with  all  other sections  discretionary,  the Administrator
 encourages and invites your independent evaluation of the above class-
 ification.   In addition,  the  Administrator solicits your participation
 in the determination of which sections of FAR 	will be considered
 mandatory for your facility.   Final determination will be made by rep-
 resentatives  of the  U.  S.  Environmental Protection Agency  and the
 Federal Aviation Administration not less than 60 days or more than 90
 days from this  date of  notice.

 Please find attached one airport classification procedure manual and
the USCGS worksheets for U. S. Regional Airport.

-------
                         C-15

FORM III

AIRPORT LAND USE CLASSIFICATION SYSTEM: PROPRIETOR'S
NOTIFICATION OF TEMPORARY EXEMPTION


Dear Sir:

The U. S.  Coast  and Geodetic Survey, in cooperation with the U.  S.
Geological Survey and Bureau of the  Census,  under contract to  and
at the direction of the Federal Aviation Administration has determined
that U. S. Municipal Airport has obtained a land use compatibility rat-
ing of 16.

A land use rating of 16 presently exempts your facility from compliance
with  FAR	.  However,  a discretionary statis will apply if a land use
rating of 50 or more is obtained in the future.

Please find attached one  airport classification procedure manual  and
the USCGS worksheet for U. S. Municipal Airport.

-------
                          C-16
                OUTLINE FOR THE HANDBOOK ON
    APPLICATION OF THE NOISE UNITS METHODOLOGY
  I.  Introduction

     A.  Purpose
     B.  Scope
     C.  Structure

 II.  Encroachment Classification

     A.  Purpose
     B.  Procedure

III.  The Short Form

     A.  Purpose
     B.  The estimation of emission levels: the proprietor's procedure.

         1.  Determination of study area.
         2.  Establishment of geographic sampling system.
         3.  Delivery of geographic sampling system to planning agen-
             cies.
         4.  Manual techniques for estimating noise emissions for the
             "base case. "
         5.  Application of the proprietor's noise emission data.
         6.  Application of land use sensitivity data provided by local
             planning agencies.
     C.  Estimating  Land-Use   Sensitivities:   Procedure  for local
         planning  agencies
         1.  The application of the proprietor's study area,
         2.  The application of the proprietor's geographic sampling
             system.
         3.  The use of general land-use characteristics in estimating
             actual noise units sensitivity.
         4.  Criteria for estimating potential noise units for undeveloped
             land.
         5.  Application of the proprietor's noise emission data.

 IV.  The Long Form

     A.  Purpose
     B.  Estimating emission levels: The proprietor's procedure.
         1. Application of the short form sampling system.
         2. The use of fully automated computer analysis techniques
            to estimate noise emissions for the base case.
         3.  The use of fully automated computer  analysis  techniques
             to determine noise emissions for selected options.
         4.  Application  of "Long Form"  land use sensitivity data pro-
             vided by local planning agencies.

-------
                             C-17
     C.   Estimating land-use sensitivity:  Procedure for local planning
        agencies.

        1.  Application of the short form sampling system.
        2.  Factoring the specific land use characteristics and related
            activities.
        3.  Factoring for structural attenuation.
        4.  Factoring for transient population.
        5.  Factoring for ambient noise.
        6.  Criteria for estimating potential noise units for undeveloped
            land..
        7.  Application of noise emissions  data  provided by the pro-
            prietor.

V.  The identification of insignificant cost abatement options.

     A.  Purpose
     B.  Applicability of the encroachment classification, the long form,
        and the short form.
     C.  The role of public participation in hearings.
    It is likely that the completion of  such a  methodology  would  be
closely followed by  the  required development  and submission of   a
preferred implementation plan.   For this reason,  such requirements
should be specified and clarified  in the noise units methodology hand-
book which would suggest the appropriate format, consideration, com-
mitment,  alternative means of enlisting compliance, and the procedure
for developing and submitting such a plan.

-------
                         APPENDIX D

            COMMUNITY NOISE PREDICTION MODEL
    In ,the final project report, this appendix will include the developed
and validated computer program, standardized aircraft data inputs char-
acterizing aircraft  noise  and operational  data  for present and future
aircraft types as required,  protocol for collecting/specifying airport
operational data,  and associated noise prediction model computer prog-
ram and computer facility access plans, to make it possible for airport
proprietors and local  governments to quantitatively evaluate the noise
climates associated withpresent and alternative future modes of airport
operations. In its final form, the computerized  noise prediction model
will contain provision for calculation  of community noise from other
major sources as well as  airports, so that the boundary of the airport
influence zone can be  identified with respect to other major sources of
community noise.

    In the meantime, the following text section provides a sense of the
activity currently under  way, together with the types of airport opera-
tional data which  will  need to be provided by the airport proprietors in
order to utilize the noise prediction model.

I.   Introduction                          .

    The Community Noise Prediction Model is the mechanism which is
used to integrate the influence of all of the parameters which determine
the magniture of noise exposure*, as a function of geographic location,
which results from any specified aviation activity pattern at an airport.
This integratedapproach to determining and quantifying noise exposure
resulting from aviation activities at an airport has evolved from twenty
years of field and laboratory  research  in  this  country  and others.
There are  several,  closely  related scales which have evolved in  this
process   I/   2/  including those most familiar  in this country (in  the
same order as their sequence in the evolutionary process): Composite
Noise Rating (CNR), Noise  Exposure Forecast  (NEF)  and Day/Night
Equivalent Level  (sometimes called Day-Night  Sound Level  or Day-
Night Noise Level) (Ldn).                       '

    It is EPA's intention  3/  to use the Ldn and  Leq scales for quanti-
fying community noise exposure  from all sources  (including airports),
  Throughout thisreport, the term "noise exposure" is used to indicate
   the existence of a noise  environment regardless of whether or not
   there are people present  within that environment; whereas the term
   "noise impact" is used to mean the combined result  of a noise envir-
   onment plus the presence of people within that environment plus the
   degree of noise sensitivity associated  with their activities.

-------
                           D-2
and encourage all  Federal agencies and 'the various levels of  govern-
ment in  doing likewise. By such standardization,  the entire  process
of facility planning, community planning, development of relative prior-
ities  for  source  noise  reduction  -  in fact, the entire policy guidance
for a national noise abatement program - can be facilitated and made
more efficient.

    In developing a computerized model to quantify  an airport  noise
situation in terms of Ldn  and  Leq, much time and resources can be
saved by taking -as the starting  point an existing  computer  program
for NEF, since all the  basic physical equations (describing the move-
ment of  aircraft  through the air,  the propagation of sound, etc. )  are
the same.

    The calculation of NEF  values  requires as input the aircraft sound
level data in terms of Effective Perceived Noise Level (EPNL) meas-
ured in EPNdB.   Using the same basic methodology, but expressing
the aircraft sound  levels in terms of the appropriate A-weighted sound
levels, one can compute the resulting Leq and Ldn values.

    The basic methodology used to determine NEF values has been re-
ported in great detail in the open literature.   4/   5/  The basic NEF
methodologyhas been implemented in the form of~a number of computer
programs.  The  EPA, not wishing to develop yet another computer
program unnecessarily, has surveyed and analyzed the  currently avail-
able programs to  determine their  applicability to the Airport Noise
Project.

II. Computer Programs

    The EPA  survey of currently available NEF computer programs
indicates that four such programs are potentially applicable to this
Airport  Noise Regulation project.  All of the  four programs evaluate
the same basic function, which is:
        NEFi:J   =  EPNL^  + lOlog^N^ /K)-75
                                     th                   th
where  EPNL j. =  EPNL due to the i   aircraft on the j    runway
                                                         th
        n . .      =  number  of identical operations of the i.  aircraft
          1-'         off the j   runway.

        K         = a constant that varies for time of day;  tentatively
                    K = 20 for daytime operations and 1. 2 for night-
                    time operations

hence   NEF     =  EPNL ±j  + 1 0 logio M ± .  -88

where  Mtj      =  N±j (Day) + 16. 67 N  . . (Night)

-------
                          D-3

    Although  each of the four  programs evaluates the basic  NEF
function,  as shown above, each  of the programs is unique with respect
to input requirements,  computational details and output formats.  A
complete  description of  each of the available programs is beyond both
the scope and intent of the Project  Report. A great deal of the unique-
ness of each program  is a reflection of the  specific task for which it was
developed.  All four  of the programs are capable of determining noise
exposure  in a grid type format and indeed this is the one capability
which is common  to all of the computer programs.  Each of the prog-
rams can also produce noise exposure contours.  In order of increasing
complexity (and, by inference, increased capability) the four potentially
applicable computer programs are  as follows:

    1.  DOT Program -  This program was developed to operate in a
time-shared mode.  Operation of the program is simple; however,
the  program  has  no  graphic   display  capability.  The strongest
part of the program is its contour seeking algorithm; i.e., the program
will determine the coordinates of all points which constitute a contour
of predetermined  NEF values.   6/ A well documented user's manual
exists for this program.  Tj

    2.  DOT/NASA Program -  The basic DOT  program was refined
and a graphics display capability was incorporated into the coding; this
effort took place at NASA Ames  Research; hence,  the updated program
is called the DOT/NASA Program.  As  does the DOT Program, the
DOT/NASA version operates in a time-shared mode.

    This program retains the  contour seeking capabilities of the earlier
DOT program.  Contours of constant NEF value are displayed on a
Cathode Ray Tube (CRT).  Once the operator is satisfied with the CRT
display, a hard copy  can be produced at will.  Both the DOT and NASA
Programs can also produce NEF values at selected grid point locations.
The user's manual for the DOT program is  applicable  to the DOT/NASA
version.

    3.  DOT/Wyle  Program  - This program was developed for use in
the Airport  Noise   Reduction Forecast Program which is  being-done
by Wyle Laboratories  and R.  Dixon  Speas  for DOT.  8/  The DOT/Wyle
program is of the  same species  as  the DOT and DOT7NASA programs.
However,  it is capable of accepting and utilizing much more detail than
either of the other  DOT  programs.  Because of its size and capability
to utilize  large amounts  of highly detailed data,  the program does not
operate in .the time-shared mode.  While retaining the contour seeking
algorithm, the DOT/Wyle program uses standard Calcomp  software to
create a smoothed curve through the data points.

    4.  USAF/NEF Program  - This is a program which was developed.
specifically for application to military airfields;  program development
was under the auspices of the Aerospace Medical Research Laboratory,
Air Force Systems Command.  The program is well  documented and a

-------
                           D-4

 user's manual is available.   9/  10/  This is the most complex of the
 NEF programs, and like the DOT/Wyle Program, it is not time-shared
 and requires the use of Calcomp software to produce contours.  Unlike
 the DOT/Wyle Program, the USAF/NEF Program only computes NEF
 values on a grid.   A  Calcomp General Purpose Contouring Program
 (GPCP) is used to determine,the shape and location of the NEF contours
 from the grid point data.  The program  has been successfully applied
 to civil aviation facilities and  it has been installed at the NASA Langley
 Research Center; unfortunately, a GPCP package is not now available
 at Langley.         .

    EPA/ONAC staff have hands-on  experience with the  DOT, DOT/
 NASA and USAF/NEF programs.  Although  the EPA/ONAC staff have
 had no experience with the DOT/Wyle program,  they are familiar, with
 development of the program,  its input/output  characteristics and. the
 available documentation.

    As of this  date, EPA/ONAC had. not  selected a specific computer
 program for use. in the Airport Noise Regulation  development.  It is
 our intent touse at least two of the available computer programs during
 the Airport Pilot Project in order to quantify the requirements for com-
 putational precision and to evaluate  which  of the program operational
 modes is  best  suited to routine use in support of the regulation during
 its implementation; e. g», to time-share or  not to time-share?

    At first glance, it might appear that the use of more than one noise
 model  would overly complicate  the Airport  Pilot Project;  e.g.,  spe-
 cific instructions and  manuals  would  be required  for  each  model.
 However,  a close  inspection  of the  four computer programs reveals
 an amazing similarity  in their input requirements.  Perhaps the simi-
 larity is not all that amazing since  each of the programs computes NEF
 and basically,  there is only one way to  do this.

    For example, all NEF calculations require input data  in the form
 ofEPNdB'vs the distance  between source and  receiver.  Each of  the
programs is fully  capable of  analyzing the  effects of power reduction
 on noise impact; i.e.,  in one form  or  another, each program can relate
 source sound level  to  engine power level.   Two of the four programs
utilize  a "curve" of sound level vs. percent of full  power.  The third
program uses  an input quantity which specifies "  EPNdB down" due to
thrust reduction along  the flight path.* The fourth program uses a  set


•''  The term "flight  path" means the path of an aircraft through the air,
   specified  in three-dimensional  coordinates.  The flight path can be
   expressed in its two parts:  (1) the "flight track" (or track of the air-
   craft over the ground,  as seen in plan view, from above) and (2)  the
   "flight profile"  (e.g.,  climbing,  descending or in level flight -as
   seen from a side view).

-------
                          D-5

 of EPNdB vs. distance relations for various thrust levels and interpo-
 lates between known "curves" to determine the  sound level vs. distance
 relation for the specified :engine thrust level.         .  .           .

    These three methods of  evaluating the effect of engine power level
 on,source sound level 'all require the same basic data and differ only
 by the.,'trading off of analyses performed prior to using the program
 against data  storage and manipulation within  the program; e.g.,  in
 order to  develop a "curve" of sound level vs.  engine power level, one
 must have sound, level data for several engine  power levels and, if one
 has th.at data, one. can  easily determine the & EPNdB due to engine
 power level changes.

    To a very large  extent, the difficulties inherent in working with the
 NEF'data, especially with source sound level data, are a reflection of
 the belief of the potential user  that  the  data  are hard to work with.
 Hence, application 'of' the' Community Noise Prediction Model to this
 project'requires a well .conceived data management plan.

 III. Data Management

    From the  management point 'of view, there are  two  distinct types
 of data., which enter into airport noise  exposure calculation: (I) those
 elements'of data which describe the airport  facility and the operation
 of aircraft in the vicinity of  that facility and  (2) those  data which de-.
 scribe the sound level characteristics  of specific aircraft  when  they
 are operated in a equally well specified manner.                •

   •The  neceS'sary elements of  the  first data  (airport  data)  are as
 fol!6ws:   ,,'''.',

  •  1.  Airport configuration in terms of  the  location of the runways
 with respect'to a,given reference point.                           .

    2.  Location of, the landing thresholds and start  of takeoff  roll on
 each runway.   If there  are  several thresholds or start-of-roll  points.
 corresponding'to different types  of aircraft,  these'musi be noted. •

    3.  , Plight tracks; i.e.,  the  projection  on  the  ground of the paths
 followed by,'arriving and departing aircraft.

    40  Restrictions  due to airspace management,  curfews, etc.

    5.  Number of  operations by type of operation  (landing,  takeoff,
touch-and-go), by aircraft type,  by runway, by time of day, by flight
track.         '  .                                           .   • ••

    6.  Seasonal variations in basic facility operational patterns.

-------
                           D-6

    7.  Flight profiles; i.e.,  aircraft altitude as a function of distance
 from start-of-roll or distance to touchdown.  Flight profile descriptions
 imply a knoweldge of the parameters which affect aircraft perform-
 ance;  e.g., weight,  thrust, flap management,  etc.

    The elements of the second data  (aircraft data) set are as follows:

    8.  The relationship of aircraft  sound level to  distance  between
 source and  receiver for  both landing and takeoff operations, including
 the effect of engine power level changes on the source sound levels.

    The EPA will supply  all of the aircraft sound level data used in the
 Airport Pilot Project.  AFthis time, the EPA is developing an aircraft
 sound level data bank.   The data bank contents can be used with any of
 the available computer programs since it is only the data format which
 varies between  programs.  The sound level data bank  is a continuing
 effort and it will be  broadened to  include all classes of aircraft.  The
 sound level data bank was started for two major reasons: (1) the EPA
 desires to use  a "standardized" set of aircraft sound  level data and
 (2) the  airport operator cannot be expected to be able  to supply such
 data.  In a  similar  manner,  it is probably unreasonable to expect the
 airport operator to be a good source of any aircraft performance data;
i.e., the specifics of aircraft performance are  not generally within the
 realm of the airport operator's  sphere of cognizance.  Hence, the EPA
 has also undertaken  the  development  of a methodology which  can be
 used to determine flight  profiles as a function of basic  aircraft char-
 acteristics and  operating environment;  e.g.,  takeoff  gross  weight,,
 runway elevation, outside air  temperature,  etc.   This  methodology
 should be operable in time for application to the Airport Pilot Project,,

 IV. Data Collection Protocol

    Other than  the EPA   supplied "standardized" data  such as sound
 level data and flight  profile data,  the burden of the data collection ef-
 fort will fall upon the airport  operator.   The weight  of this burden is
 not overwhelming if  one  remembers that data collection  (like many
 other activities)  obeys the law of diminishing returns.   Specific ele-
 ments of the necessary data are easy to come  by,  other elements are
 more difficult to obtain;  however,  in many cases the difficult to obtain
 data elements can be approximated without significant loss of accuracy
 in the results.

   In the following,  each of the major data elements is addressed with
 respect to its characteristics and potential sources:

 A. Runways

   Runway  locations are specified  relative  to a. specific reference
 coordinate system.   The end points of  the runways must be specified

-------
                            D-7

 with respect to the fixed  reference.  These data are the least difficult
 to obtain and can be taken directly from the facility site plans,  C & GS
 charts,  etc.

 B. Landing Threshold-Distance From End of Runway

    The landing threshold  is the point on the runway where the aircraft
 will touch down  upon landing.   For  any runway,  the  touchdown point
 is often assumed to be the same for all  aircraft landing on that runway.
 (It is simple to verify the threshold location by inspection; the threshold
 is where all the rubber is  on  the runway surface,  provided a  runway
 cleaning project has not recently removed it.)  Other than simple in-
 spection,  the rule  which  is generally  applied to  determine  threshold
 location is that the touchdown point is that distance from the end of the
 runway which would permit an  aircraft to clear a hypothetical 50 foot
 barrier  at the end of the runway.   In some cases, a special threshold
 location will have  been designated for a particular runway.  In any
 event, the airport manager should be  contacted to verify the thresholds
 being used.

 C. Start of Takeoff Roll

    As with the touchdown  point,  the point on the runway where the take-
 off generally starts  is  determined  by  procedures set  forth  by the
 airport  manager.    Normally,  most airports utilize  the full runway
 length for  operations, and the  takeoff roll starts at the point at which
 the aircraft turns onto the runway.   Thus,  the distance to the start of
 roll  is usually specified as zero unless  otherwise designated.

 D. Flight  Track

    For airports with an FAA Control Tower,  the location of the major
 flight tracks can be obtained from the FAA Tower  Chief at the airport.
 In addition to the Tower Chief, the Airport Manager is  also a potential
 source of flight track information.

    Flight track information is usually  more readily available at air-
 ports which already have a noise  problem since the airport management
 has already learned the importance of flight track location to the inci-
 dence of noise impact.  At  smaller airports, without an FAA Control
 Tower and/or without noise problems,  flight track information may
 consist of data  like,  "fly out  to the  river and turn right so that you
 follow the  railroad tracks. "  This is valid data and often it is just as
 accurate as thatwhich is available from more sophisticated data sources.

   Without regard to its source, unless it is flight-by-flight radar track
information,  flight track data contains certain inherent "errors" which
arise from the  dispersion of  actual aircraft flight tracks about the
 specified or  "average"  track.   For example,  although pilots, are in-
structed to follow a prescribed  course,   the aircraft may wander from

-------
                          D-8

the prescribed path; this phenomenon is also noted  with  respect to
flight profiles.  If the radar track information for a  large number of
flights, all of which were  supposed to  be on the same track,  were
plotted on a single sheet of paper, the result would not be a single heavy
line along the track:  This is  dispersion.  The effects of dispersion can
be modeled by distributing the flights which are assumed to follow one
track among several tracks.  However,  what should  the distribution
look like and  where  are the other tracks?   "Guesstimating" data is
probably not better than assuming that all of the flights follow the pre-
scribed track.  Hence,  airport noise modelling is usually based upon
the assumption that  all  aircraft  assigned to a track follow that track.
It should be noted that,  in some cases, radar  track information does
exist and  such data then can be used to determine the flight track dis-
persion.

E.  Restrictions

    Restrictions come in many  forms such as night curfews,  avoiding
the overflight  of designated  areas,  altitude restrictions, etc.   Again,
the airport  manager  and the FAA Tower Chief,  if there is a tower,
are the prime sources  of such data.  Each of the air carriers using
the facility should also be questioned about  operating restrictions such
as deck-angle limitations, power  cut backs, etc.

F.  Number of Operations

    The activity level of the  airport  must be described in terms of the
number of operations in  some unit time period; the customary statistic
is  the annual average daily number of operations.   Each operation must
then be described according  to the following scheme:

       Type of aircraft- in order to specify the appropriate noise level
       data.

       Gross  takeoff weight - in order to aid  in the specification of a
       takeoff profile.   Gross  landing weight is  not needed  since all
       (large) aircraft will use a path which corresponds approximately
       to the glide slope, if  dispersion effects are neglected.

       Type of operation; i.e., landing or takeoff - in order  to model
       the correct operation.

       Runway and flight track - in order to properly allocate  the loca-
       tion  of aircraft around the facility.

       Time of day  - in order to properly weight the noise exposure
       according to the accepted conventions.

-------
                         D-9

    Activity data can be  in  one of two  forms,  either direct tallies
 counting each flight, or aggregate estimates for  the entire airport and
 flight track utilization rates for each type of aircraft.  A number of
 data  sources exist which provide some of the data.  No single source
 exists for all of the necessary elements of the data.

    The FAA  and CAB issue an annual report entitled Airport Activity
 Statistics of Certified Route Air Carriers which contains,  among other
 data, a listing of the number of scheduled departures performed,  by
 carrier, by airport, by aircraft type.  These data are historical and do
 not necessarily reflect the current activity level at the airport.  The
 activity level report is compiled from information reported to the CAB
 by the certified route air carriers.

    A data source for determining current activity levels is the Donnelley
 tapes.  The Donnelley tapes contain the schedules provided by the air-
 lines to the Reuben H. Donneley Corporation and are used to construct
 the Official Airline Guide.  From these  tapes one could construct a
 schedule of commercial  arrivals  and departures  for  an  airport  by
 aircraft type.  With  some additional  analysis of the tapes,  one could
 determine the total stage lengths  covered prior to arrival.  Stage length
 has been used as a proxy variable for aircraft weight.  Weight data may
 also be available in the  form of landing  fee  data, if landing fees are
 collected and if the data are available.

    Scheduled operations are not the  same as actual  operations; how-
 ever, the correlation between the two is quite high for scheduled air
 carriers. The percentage of scheduled departures will vary by airport;
 however,  one can assume an overall departure rate of 95 percent of
 scheduled operations; an error of plus or minus 5% will not perceptibly
 affect the noise  exposure estimates.

    As noted before,  the statistic which  is generally used  is annual
 average daily operations.  An error is introduced into the impact fore-
 cast by the use of the annual daily average.   If  one is interested in
 maximum exposure,  then peak activity levels must be used; there may
 be important seasonal variations in activity level which are  smoothed
 out by using the  annual average daily activity level, resulting in a slight
 underestimate of annual exposure.  Assuming that the  ratio of peak to
 average day is  same for all aircraft types, a doubling of the activity
 level  will increase  the NEF value  by 3.   If the peak to average ratio
 approaches 3, the increase in NEF would be about 5 units.

    Thus far,  this discussion has centered on data  which are most re-
 lated  to numbers of  operations  (for  annual activity data  or airline
 schedules),  aircraft types (from airline schedules),  and possibly weight
 (from stage length or fee data).  Schedule data also provides informa-
tion on  the  time of day of the operation.  All of these data are useless
unless the aircraft operations can  be  assigned to  particular runways

-------
                          D-10

and flight tracks. Once more, we return to the Control Tower, because
the aircraft assignments come  from the tower.

    Aircraft  runway assignments  depend upon  many factors such as
the ability of the runway to accommodate particular sizes of aircraft,
origin, destination,  wind direction, congestion, etc.  If there is only
one runway, the problem is somewhat simplified since the only remain-
ing data item is concerned with the flight tracks.   If there is only one
inbound track and one outbound track,  there are no data problems,  but
this is a rare situation.   Again, the ultimate resolution of the aircraft
allocation problem resides in the tower as does the  determination of the
shape  and location of the tracks to which  the aircraft are  assigned.

    With respect to this element  of data, as well as all of the others,
the Airport Pilot Project will feed upon itself in that we have a practical
understanding of the availability of the necessary  data and how it  can
be acquired-the Pilot Project will serve to fine-tune that understanding
into a  practical  working data  system concept,,

G.  Flight Profiles

    The manner in which an aircraft is operated has a major effect on
the noise exposure around the airport.  The only sources of flight pro-
file data and engine operations information which provide anything more
than a gross average data set are the airlines and the manufacturers.,
The EPA is also developing a flight profile data base and the methodol-
ogy needed to generate flight profiles from basic  performance data.
These data, or  any other data set,  must be augmented by specific in-
structions which the air carriers may provide  to their pilots.   In  the
absence of flight profiles which are specific to the individual facility,,
the EPA will be able to provide "typical" flight profiles.

V.  Data Collection Manual

    The EPA will provide  a manual suited to  each of the computer prog-
rams which may be applied to  this  project  providing guidance for  the
specifying or collecting of airport operational data.   The manual will
be totally directed at assisting the  involved parties in collecting  and
organizing the necessary  data  into the format which is required by the
computer analysis.

    The basic format of the manual,  as it is now envisioned,  is centered
on a set  of formalized data collection forms for airport configuration,
flight tracks and activity level.  Each form will be augmented by text
material  which  indicates data sources,  alternate data  sources,  and
what to do if no data is available.   "User's Manuals" exist,  to one  de-
gree or another, for each of the available computer programs,  but in
general they do not extend  to the types of guidance needed by non-
engineering personnel.  The   necessary portions of. the ••x'.sting docu-
mentation will be abstracted to  provide a  basis  for the development of
a Community Noise Prediction  Model Data Collection Manual.

-------
                          D-ll

VI.  Aircraft Data Standardization

     EPA has accepted the responsibility  for  a critical review of the
existing noise  characteristic data  for current  aircraft,  followed by a
resolution of any  identified  errors  or  inconsistencies,  in  order  to
provide a "standard Federal data set" representing the noise  character-
istics  of specific aircraft types.

     Such an evaluated,  standardized data set  is necessary if major
noise abatement plans at airports are to be based upon calculated noise
exposure environments. The cooperation of the FAA, NASA, DOD,  air-
craft manufacturers  and relevant  professional society  committees
(such as the SAE A-21 Committee) makes such a standardization pos-
sible.

     The noise characteristic data for future aircraft types depends upon
the outcome of  Federal regulatory actions in aircraft noise emission
control.   Of foremost  importance,  in terms  of magnitude of effect
upon attempts to  develop meaningful long range noise abatement  plans
at airports,  are  the  outcome (effective dates  and  specific limits) in
the anticipated retrofit rule,  noise abatement flight  procedure rules,
and lowering of limits for new aircraft  (FAR 36).  At general aviation
airports,  the establishment  of noise  emission limits  for propeller-
driven aircraft  and the question of retrofit for business  jets have a
strong bearing upon airport plans for noise abatement or avoidance of
future noise impact problems.    Therefore,  it  is important that  early
Federal decisions be made  on  all these regulatory actions,  in order
that local airport and community plans be based  upon  realistic assump-
tions.

     During the course of the airport noise regulation de\ elopment,  and
in the Airports  Pilot  Project,   KJ'A  will  utilize noise characteristic
data for future  aircraft types whi.<-h we deem most liki-ly  outcomes of
current  Federal  regulatory actions under way.   In each case,  the
amount of uncertainty in these numbers will  always be stated  and the
range of effect of these uncertain lies upon  airport noise impact reduc-
tion will be illustrated by example cases.

VII. Model Validation

     Rest assured thai EPA will not submit an airport noise regulation
to FAA for promulgation without having first  verified the accuracy of
the noise prediction  model based on field  measurements.  The risks
of adopting airport noise abatement plans, wherein  major  cost conse-
quences may be associated  with significant errors  in noise exposure
calculation,  are too groat.

    Fortunately,  there is a significant and growing body of  field-meas-
ured  data from  existing airport noise monitoring systems  and from the
DOD'.s AK'UZ program; so that a large effort in new field data acquisi-
tion may not be  required,,   However, the Airports  Pilot Project must

-------
                          D-12

begin prior to this validation. Hence,  the numerical results from noise
exposure computations for specific airports in the pilot project must be
regarded as '^preliminary" even though their general magnitude (based
on past experience in applying such prediction models) are expected to
be close approximations to what would be measured in a properly  de-
signed monitoring effort.
I/  "Noise Exposure Forecasts: Evolution,  Evaluation and  Land Use
"Interpretation ,  FAA Report NO-70-9, August 1970.

2/  "impact Characterization of Noise Including Implications of Iden-
tifying and Achieving  Levels of Cumulative Noise Exposure",   EPA
NTID 73.4,  July 27, 1973.

3/  "Information on Levels of Environmental Noise Requisite to Protect
Public Health and Welfare with  an  Adequate Margin of Safety",   EPA
Technical Document 550/9-74-004,  March 1974.

4/   "Procedures for  Developing  Aircraft Noise Exposure Contours
Around Airports",   Society of Automotive Engineers, Draft ARP 1114,
March 1970.

5/  "A study  of  the  Magnitude of Transportation Noise Generated and
Potential Abatement",  U. S. Department of Transportation, Report No.
OST-ONA-71-1.  Vol. Ill--Airport/Air craft System Noise, Nov.  1970.

6/  Ibid.

7/  "Airport  Noise  Exposure Contour Model  User's Manual",  H. B.
Safeer and L.J.  Williams, DOT Report  No.  OST-ONA-72-3, August
24, 1972.        f

8/  "Airport Noise Reduction Forecast Program, Report for Six Air-
ports",  Wyle Laboratories,  submitted to US DOPT, Office of the Sec-
retary, under Contract No. DOT-OS-20088, July 1973.

9/  "Community  Noise Exposure REsulting from Aircraft Operations:
Computer Program Operator's Manual",  N.  H.  Reddingues,  Bolt,
Beranek  and Newman,  Inc.  Technical Report AMRL-TR-73-108, Pre-
publication copy, July  1973.

10/  "Community Noise Exposure Resulting from Aircraft Operations:
Computer Program Description",   R. D. Horonjeff,  R. R. Kandukuri
and R. H. Reddingues., Bolt, Beranak and Newman,  Inc.,  Technical
Report AMRL-TR-73-109,  Pre-publication copy, September 1973.

-------
                             APPENDIX E

      ONE POTENTIAL METHOD OF EVALUATING THE DEGREE

  OF RELIEF TO THE PUBLIC HEALTH AND WELFARE AFFORDED

                BY ANY PROPOSED REGULATORY ACTION
        There are a number of possible ways of quantifying the change
 in the public health and welfare impact due to any potential noise reg-
 ulation under consideration.   For example, given adequate  data on
 approximate noise exposure patterns (as might; be obtained from pre-
 diction models  or surveys) together with approximate information on
 land use patterns associated with the noise exposure zones, one could
 approximately quantify the change in the number of people exposed to
 various intensities of cumulative noise which would result from imple-
 menting any given noise regulation under consideration.

        In the final version of the project report for the airport noise
 regulation,  the results of  such studies will be  presented for several
 alternative  regulatory proposals. The opportunity is taken here, how-
 ever,  to obtain early public comment on one potential   method  of
 expressing,  in single number form, the  effectiveness of a given reg-
 ulatory action by a method which allows the combining of populations
 exposed to varying intensities of  cumulative  noise exposure.

        Such a technique can be  applied on any scale (e. g. ,  for approx-
 imate nationwide  estimates or for evaluation   of alternative noise
 abatemcnl  plans for a  specific airport) and  for any source, or com-
 bined sources, of community noise;.

        In this appendix,  a proposed  method of  evaluating the effect
 on the public  health and welfare arising from a  change  in noise expo-
 sure  (expected from a proposed  '-ogulatory action)  is  set forth for
 comment.   The approach taken is statistical in  that an effort is made
 to determine  the  order of  magnitude of  the population which  may be
 affected by  the proposed action.  Thus, there will exist  uncertainties
 with respect to individual cases or situations. However,  such effects
 cannot be completely accounted foe,  thus the  necessity to employ a
 statistical approach.

        To perform  the  analysis  presented here, a noise measure is
 utilized  which condenses the information contained in the noise envi-
 ronment into a simple indicator of quantity and quality of noise which,
 in EPA's judgement, correlates  well with   the  overall  long-term
 effects of noise on the  public healih and welfare.  This  measure  was
 developed as a result of the  Noise Control Act of 1972,  which required
 that EPA present information on noise levels "requisite to protect the
public health and  welfare with art  adequate margin of safety."

-------
                                 E-2
       In accordance with this  directive,   EPA has selected those
noise measures it believes most useful for describing environmental
noise and its effect on people, independent of the source of the noise.
The noise produced,  whether by motor vehicles, aircraft  or indus-
trial facilities, is  evaluated on the  basis of a common measure of
noise.  The magnitude of environmental noise that  EPA  considers
desirable from a long-term view of public health and welfare (prior
to consideration of economics or other practical constraints) has been
selected for a variety of occupied spaces  and land uses.

      In the following sections is a brief  description of the  measures
to be used in  evaluating  environmental noise,  the  numerical values
for these levels EPA will use as thresholds for assessing impact, and
a general methodology  for quantifying the noise impact of any noise-
producing system being added to the environment, or the   impact of
a change in   an  existing noise-producing system.   Finally,  we will
develop a specific application of this methodology to assess the effects
of the proposed regulations on airport communities.  Since economics
and feasibility of  remedial .action will   be  treated elsewhere in the
development of the regulation,  we consider here only the health and
welfare impact.

       A.  How Environmental Noise Is Specified

        Environmental  noise is defined in the  Noise Control Act of
1972 as  the  "intensity,  duration, and the   character of  sounds from
all sources. "   A measure for quantifying environmental noise must
evaluate not only these factors, but  must also correlate  well with
the various   response  modes of humans to noise and be  simple to
meaure.

       EPA has chosen the equivalent A-weighted sound level in dec-
ibels as its  basic measure 'for environmental noise.   The  general
symbol for equivalent level is Leq, and its basic definition is:
        L   =10  l
                        \0  -f    x.
                            ra- t,
where t2-tlisthe interval of "time over which the levels are evaluated,
P(t) is the time-varying sound pressure of the noise,  and Po is  a
reference pressure, standardized at 20 micropascal.  When expressed

-------
                                E-3
in terms of A-weighted  sound level,  La,  Leq may be  defined as:
                                               10
                                           t,
          At
There are two  time intervals of interest in the use of Leq for impact
assessment.    The primary  interval of interest for residential and
similar land uses is  a  twenty-four hour period,  with a weighting
applied to nighttime noise levels  to, account for  the increased sensi-
tivity  of  people associated.;with the  decrease in background noise
levels at night.   This  twenty^fpur hour weighted equivalent level is
called the Day/Night Equivalent.;iLevel, and is symbolized as Ldn.*
The basic definition of Ldn in,terms  of A-weighted sound level is:
                                                     0700
L-=IOHCT+
                              10
    to
                         07 co
22 CO
    =    10   I oft   ^
                   'lo
                       24
(l5 * 10
                                                          10
where Ld is the "daytime" equivalent level,  obtained between seven
a.m. and ten p.m.  and Ln  is the "nighttime" equivalent level ob-
tained between ten p.m. and seven a.m.  of the following day.
                     )
*  Note:  Ldn is  an abbreviation  for "day-night equivalent level, "
which is obtained from accumulating the A-weighted acoustical energy
(received  at a point) over a 24-hour period and computing an average
level over  the  accumulation time, after artificially increasing the
time-varying noise levels received  during  the night (10:00 p.m. to
7:00 a.m. ) by 10 decibels.  Values of Ldn may be measured or com-
puted  for any multiple of 24 hours; the monthly, quarterly and/or year-
ly Ldn may be especially of interest in the  airport/community noise
application.

-------
                                E-4


     B.  Assessing Impact From !Environmental Noise
        The underlying concept f :>r noise impact  assessment  in this
analysis is to relate the change in 'expected impact in terms of number
of people involved  to the change expected in the noise environment.
Three fundamental  components   are  involved   in  the  analysis:
(a) definition of initial acoustical environment;   (b)  definition of
final  acoustical environment;  (c)  relationship between any specified
noise environment and expected human impact.

        The first two components of the  assessment are entirely site
or system specific, relating  to  either estimates or measurement of
the environmental noise before and after the action being considered.
The same appropach is ued,  conceptually,  whether one is examining
one single house near one proposed road, the entire highway system,
or the  totality  of  the  nation's  airports.  The methodology  for
estimating the noise environment will vary widely with the scope: and
type of problem, but the concept remains the same.

        In contrast to the  widely varying possible methodologies for
estimating the noise environment in each case,  the relationships to
human response can be quantified  by a single methodology for each
site or noise producing system considered in terms of the number of
people in occupied  places exposed to noise of a specified magnitude.
This is  not to  say  that individuals have the same susceptibility to
noise; they  do not.    Even groups  of people may vary  in response
depending on previous  exposure, age,  socio-economic status, poli-
tical cohesiveness  and  other social variables.    In  the aggregate,
however,  for residential locations the  average response of  groups
of people is quite stabely related to  cumulative  noise  exposure  as
expressed in a measure such as Ldn.   The response we use is the
general  adverse reaction  of  people to noise.  This response is a
combination of  such  factors as speech  interference,  sleep interfer-
ence,  desire for  a tranquil environment,   and  the  ability  to  use
telephones,   radio,  and TV  satisfactorily.   The  measure  of this
response is related to the percent of people in a population that would
be expected to indicate  a high annoyance to  noise at a specified level
of noise exposure.

        For schools, offices,  and similar spaces where  criteria for
speech communication  or risk  of  damage-to-hearing is of primary
concern,  the same averaging process  can  be used to  estimate the
potential response of people as a group,  again ignoring the individual
variations of one person as compared to another.  In both instances
then,  residential areas and non-residential alike, we are interested
in how the average  response of people varies with environmental noise
exposure.

        A detailed  discussion of the relationships between noise and
human response is  provided in several EPA documents.  j.he diff^ent
forms of response  to noise such as hearing  damage, speech or other

-------
                                E-5


activity interference, and  annoyance are related to Leq and Ldn in
EPA's "levels document".   For our purposes,  we  consider that if
the levels  identified in  this  document  are met,  no impact exists.

        The  community  reaction  and annoyance data  contained  in
Appendix  D of the levels document  show that the expected vcaeiion
to an identifiable source of intruding  noise changes from  none.'  to
vigorous when the day-night  sound level increases  from  5 c!>1 boiovv
the level existing without the presence of the intruding noise t" l!.)~.T~d77
above the pre-intrusionlevel.  When  the combined values c>r i.;v,riuiia^
noise level and pre-intrusion noise  level are considered, the change
in community reaction  from none'to vigorous occurs when the k-vx-i
increases by 19. 7 dB above the  pre-intrusion level.  Thus, a change
of 20 dB is  a reasonable value to associate with a change  from 0 "to
100% impact.   Such a change in  level  would increase the percentage
of the population which  is highly annoyed by  40% of the total  exposed
population.

        For speech communication, an exposure intensity scaling can
also be derived.   The  level of  environmental  noise  identified  a^
requisite  to  protect  the public health  and  welfare with  reference  to
speech communication indoors is an  Leq of 45 dB.   A noise environ-
ment having  this  level  should provide, on the average,  100% speech
intelligibility  for  all  types of speech material, and have a calculated
articulation index of 1. 0.

        The  intelligibility   for  sentences   (first  presentation  U.
listeners) drops to 90%  when the  level of the noise environment,  is:
increased by  approximately 19  dB above the level identified in ;:ho
levels document,  and to 50%. when the level is increased by approxi-
mately 24 dB.   The intelligibility  for sentences  (known  to listeners)
drops to 90% when  the level is increased by approximately 22 dB
above the identified level, and to 50% when  the level is  increased  by
approximately 26 dB.  Thus,  considering that normal  conversation
contains a mixture of both types  of material, some new  and sumo
familiar,  it is  clear that when  the  level of environmental noise  is
increased  by  more than  20  dB  above  the identified  level,  the
intelligibility of conversational speech deteriorates rapidly with  each
decibel of increase.   I/or  this reason, a level which is  20 c!B above
the identified  level is considered  to result  in  100%  impact  on the
people who are exposed.   For environmental noise  levels which art-
intermediate  between 0  and 20 dB  above  the  identified level,  iiio
impact is  assumed to vary linearly  with level,  i. e. , a  5 dB  exe.o.^s
constitutes a 25%.impact and a 10  dB excess constitutes a  50%  iinp'.if.

        For convenience  of  calculation,  these percentages  may  Kit-
expressed as fractional impact (FI): an FI of one represents  an impa.'. r
of 100%, in accordance with the following formula:

        FI - 0.05  (L-Lc)  for L> Lc
        FI = 0            for IXLc

-------
                                E-6
        Where L  is the appropriate  value for the  environmental
noise (i. e., Ldn or Leq) and Lc is  the appropriate identified level.
(Note that FI can exceed unity.)

        The appropriate  identified  level  for  use  in  calculating
fractional impact is obtained from Table 4 of the EPAlevels document.
For the analysis of the impact of community noise on people residing
in residential areas the  appropriate identified  level  is  an  Ldn of
55 dB, which  is measured outdoors.  For other analyses concerned
with office buildings and other  types  of  space when  indoor  speech
communication is  the principal factor of concern, the identified level
is an  Leq of 45 dB (indoors),  which is  translated to an outdoor level
by using a sound level reduction appropriate to the type of structure.
For the purpose of evaluating the airport system throughout the nation
in general, rather than the effect of a particular airport in a particular
region,  the analysis may be made in terms of Ldn above, since only
a gross analysis may be possible.

        Data on the reduction of  aircraft  noise afforded by a range
of residential structures are available. (2)  These  data indicate  that
houses can  be approximately  categorized  into "warm climate"  and
"cold climate" types.   Additionally, data are available for  typical
open-window and closed-window conditions.  These data indicate  that
the sound  level  reduction  provided  by  buildings within a given
community has a wide range due to differences in the use of materials,
guilding techniques, and individual building plans.  Nevertheless, for
planning purposes, the typical reduction in sound level from  outside
to inside a house can be summarized as follows in Table B-l.   The
approximate  national average "window  open"  condition corresponds
to an  opening  of 2  square  feet and a room absorption of 300  sabins
(typical average of bedrooms and living  rooms).  This  "window open"
condition  may be  assumed  in estimating  conservative values of the
sound levels  inside dwelling units which result from  outdoor noise.

-------
                                E-7
                              TABLE 1
    SOUND LEVEL REDUCTION DUE TO HOUSES* IN WARM AND
     COLD CLIMATES, WITH WINDOWS OPEN AND CLOSED(2)
Warm climate

Cold climate

Approx. national average
Windows
Open
12 dB
17 dB
15 dB
Windows
Closed
24 dB
27 dB
25 dB
^(Attenuation of outdoor noise by exterior shell of the house)
Where knowledge of structure indicates a difference in noise reduction
from these values,  the criterion level may be altered accordingly.

-------
                               E-8
        The final notion te be  considered  is the manner in  which
the number  of people affected by environmental noise is introduced
into the analysis.  The magnitude of the total impact associated with
a defined level may be assessed by multiplying the numbers of people
exposed times the fractional impact associated with the level of the
environmental noise,  as follows:

        NU = (FI)  P

where NU (or "Noise  Units") is the magnitude of the total impact on
the population and is  numerically equal to  the equivalent  number of
people which have a fractional impact equal to unity.

        FI is the fractional impact for the level and P is the population
affected by  the noise.  Note that the effect of the fractional impact
is to count these people who are heavily impacted more than those
who are only marginally impacted.

        When assessing the total impact of a given noise source or an
assemblage of noise sources such as an airport the levels of environ-
mental noise associated with the source(s) decrease as the distance
between the source and receiver increase.  The magnitude of the
total impact  may  be  computed by  determining the Noise  Units
corresponding to the group of people exposed at  each exposure level,
and summing the resulting  Noise  Units over all  exposure levels.
The total impact is given by the following formula:
                            (PI).
                              p.
                                6
        where (FI)i is the fractional impact associated with  the ith
level and Pi is the population associated with the ith level.

        The change in impact (or change in total Noise Units) which
is associated with an action leading to noise reduction, or change in
population through a change in land use,  maybe assessed by comparing
the  magnitude of the impacts  for the "before" and "after" conditions.
One useful measure  is  the percent  reduction in impact (6),  which is
calculated from the following expression:
A -  [ M
                            - KJ U (A{ter)J U ( b
        Note that the percentage change may be positive or negative
depending upon whether the impact decreases (positive change) or the
impact increases (negative change).

-------
                                E-9
        Thus, a 100  percent positive  change in impact means that
the environmental noise has been reduced such that none of the popu-
lation is exposed to noise levels in  excess' of  the  identified levels.

        In  order to place this concept  in  perspective,  consider  a
simple example.   In  the recent. EPA study  on Population Distribution
of the United States as  a Function of  Outdoor   Noise Level  (to  be
published shortly), an estimate is provided for  the number of people
in the United States  exposed to various levels  of urban noise.   We
can use the above concepts  to illustrate the current impact  of this
exposure,  and then assess the change in impact if all noise sources
were reduced  5, 10, or 15 decibels.  In the following computation we
take the data  from this study defining  each Pi as the population
between  successive  5  decibel increments of  Ldn,  assigning this
population an exposure  level midway between successive Ldn incre-
ments.   For this  example,  the identified level is  an Ldn  of 55 dB
measured outdoors.

-------
TABLE 2.   ESTIMATE OF THE IMPACT REDUCTION EFFECTIVENESS  OF SUCCESSIVE REDUCTION OF ALL URBAN
                               NOISE SOURCES IN 5  DECIBEL STEPS
Ldn
(dB)
55
60
65
70
75
80
Current conditions
Population p_
exposed to 1
higher Ld (millions)
(millions)
93.4 34.4
59.0 34.7
24.3 17.4
6.9 5.6
1.3 1.2
0.1 0.1
Total Noise Units
(millions)
Percent reduction
in impact
Koise reduction in decibels
FI± FliP-
(millions)
0.125 4.3 -— .
0.375 13.0
0.625 10.9
0.875 4.9
1.125 1.4
1.375 0.1
34.6


0
FI± FIiPi
(millions
0- -- ._0— -
0.125 4.3
0.375 6.5
0.625 3.5
0.875 1.1
1.125 0.1
15.5


55
FIj_ FlJPi
(millions)
	 0 	 0
0 0
0.125 2.2
0.375 2.1
0.625 0.8
0.875 0.1
5.2


85
FI. FI±P±
(millions)
0 0
0 0
0 0
0.125 0.7
0.375 0.5
0.625 0.1
1.3


96

-------
                                E-ll              v


        The results,  provided in Table 2,  show  that a 5 dB noise
reduction  results  in  a 55% reduction in  impact,  a  10  dB  noise
reduction results  in an 85% reduction in impact and a 15 dB noise
reduction results in a 96% reduction in impact.

        The impact assessment procedure may be summarized by the
following steps:

    1.   Estimate the Leq or  Ldn produced by the noise source system
        as a function of space over the area of interest.

    2.  Define sub-areas of equal Leq or Ldn, in increments of
        5 decibels, for all land use areas.

    3.  Define the population, Pi,  associates with each of the sub-areas
        of step 2.

    4.  Calculate  the Fli values  for  each Ldni and Leqi  obtained  in
        step 2.

    5.  Calculate Fli x Pi for each sub-area in step 2.

    6.  Obtain the  total Noise Units for the condition existing before
        the change  being evaluated,  NU1 = Fli x Pi,  by summing the
        individual contributions of step 5.

    7.  Repeat steps 1-6 for the  noise  environment existing over the
        area of interest after the change  being evaluated takes place,
        thus obtaining NU2.   (Note that the sub-areas defined here will
        not in general be congruent with those of step 2 above. )

    8.  Obtain the percent reduction in impact from

        It should  be emphasized again that this procedure is purely  an
assessment methodology for quantifying changes in impact (to the public
                                         y)
health and welfare with respect to noise only) due to actual or hypothe-
sized changes in the community noise environment.   The  amount of
change in this impact which is appropriate to  expect from any given
regulatory action is dependent  upon  many other  competing require-
ments.   These  include,   but  are  not  limited to,  technological
feasibility, economic reasonableness,  and other  expressions of the
general  public  welfare needs  such  as  demand  for  transportation,
housing,  land  and   energy  resources,   and other  environmental
considerations.

-------
                                E-12


                          REFERENCES
(1) ANSI S 3.5  5-1969  American National Standard,  Methods for the
   Calculation of Articulation Index, p. 23.

(2) "House  Noise-Reduction  Measurements for  Use  in  Studies  of
   Aircraft Flyover Noise, " Society of Automotive Engineers, Inc.,
   AIR 1081, October 1971.

-------
                         APPENDIX F

              PROPOSED MODEL LEGISLATION FOR

POSITIVE STATE/LOCAL CONTROL OF LAND USE/BUILDING DESIGN

     Since the formation of an Office  of Noise Abatement and Control
 in EPA, there has been a continuing activity to provide technical assist-
 ance to  state and local governments in the establishment of their own
 noiso control programs and improvement  of their abilities to  take
 account  of  community noise in their general activities,  such as trans-
 portation planning and land use control.

     This technical assistance activity takes many forms, including the
 provision of training courses, development of model laws and ordinan-
 ces,  development of low-cost instrumentation for noise measurement,
 and direct technical assistance (on request) from our Regional Offices.

     In the area of model laws and ordinances, the first major product
 was model  state enabling  legislation for noise control,  resulting from
 two years of  joint effort between EPA and the Council of State Govern-
 ments. _jl/  This model bill calls for the development of comprehensive
 statewide programs of noise regulations,  and envisions local govern-
 ment participation in such  programs. Its provisions include,  among
 others,  the establishment  of ambient noise standard  (zones) and for
 the establishment  of  special (building)  noise insulation  districts. It
 specifically calls upon state agencies and local governments to exercise
 their powers,  to the extent not preempted by Federal law,  to alleviate
 and prevent community noise impact from airports.

     The second  step in this program of developing model legislation
 is currently under way:    A public task group,  chaired by EPA,  is
 developing  a  model noise  ordinance for local governments.  2/  The
 planned  model local noise legislation will be flexible enough to be used
 by  small communities (under 25, 000 population),, medium size commun-
 ities  (25,000  to  75,000  population),  larger cities  (over 75, 000 popula-
 tion), counties or regional  agencies.

    Conceptual steps are presented to guide the community to the  devel-
 opment of noise legislation most suitable for its particular  problems,
 enforcement capability and budget.

     One of the major areas of concern in the model noise  legislation
 is the control of land use around major noise sources .(e. g.,  highways,
 airports).   Several provisions have been included to control the  land
 use problem.   i-'irst,  a provision  requiring  the  identification  of high
 noise areas as determined from guidelines or recommended practices
 set forth by the appropriate Federal Agency (e.g., EPA, FAA, FHWA,
 HUD, etc. ). Areas that are designated  "High Noise Areas" will require
 a site noise study to determine land use classification; a  further re-
 quirement will place use restrictions in high noise areas.

-------
                                F-2
     Last, a "Truth  in Lending" regulation is suggested to provide the
intended purchaser  of real property  with  advance information on the
present and projected future level of the noise exposure upon the parcel
of land being considered for purchase.

     In the coming fiscal year additional model legislation is  planned
for noise control within buildings  to  complement the model state and
local noise regulations.   With  respect to the airport noise regulation
program,  the importance of this effort is that it will provide the basis
for amending  building codes  (and possibly housing codes) to  specify
noise insulation performance of building structures  as a function of
building use and level of the exterior noise environment.
REFERENCES

1.   "State Noise Control Act, " Suggested State Legislation, Vol. XXXII,
    The Council of State Governments,  Lexington, Kentucky,  1974.

2.   Community Noise Handbook (Draft),  EPA Issuance, Fall 1974.

-------
                        APPENDIX G

              THE AIRPORTS PILOT PROJECT

      In the  final project  report,  this appendix will consist   of
 EPA staff and contractor reports on the airports pilot project. For
 this draft, a description is  provided  of the purposes and status
 of this projecto

      It  is EPA's   intention  to  develop  not   only  the  airport
 noise regulation  itself  (together with  its  supportive  studies),
 but also certain supplemental plans  and supportive implementation
 tools  which  will  be   required  for  the successful  implemen-
 tation of the  regulation.  Further, we intend to provide a functional
 test  of one  or more forms of  the  draft  regulation and draft ver-
 sions of certain implementation  tools prior to their finalization and
 proposal  to  the  FAA.  This  functional  test  will be  performed  in
 an Airports  Pilot Project, involving  some eight to twelve airports,
 in which the process of developing a "preferred implementation plan"
 for the airport will be carried out just as if a  Federal airport noise
 regulation already had been promulgated and the  airport proprietor
 had  been  directed by the FAA to develop and  submit such  a plan.

      In this Airports Pilot  Project,  the objective will be to identify
 changes,  clarification and  previously unrecognized problems in the
 draft regulation and particularly in the associated tools and process-
 es,  and based on this experience, to  improve the  regulatory package.
 No actions will be taken actually to carry out any  of the facets of the
 airport implementation  plans  so developed.

      The sample of  airports to be  included  in  the pilot  project
 should be as representative as possible of the  span of  airport char-
 acteristics which may affect  both the appropriate structure  for the
'regulation and the recommended process for development of airport
'implementation plans under the promulgated regulation.  Therefore,
 in EPA's  selection of preferred candidate airports for the pilot, proj-
 ect,  the following sampling  objectives are being utilized:

      1.   Include  airports with  both  large and small potential for
          preventive measures.

      2.   Include  airports   over  a  range of magnitude of present
          impact.

      3.   Include airports of various types by dominant aircraft use.

          a.   Primarily certified air carrier.

           b.  General aviation only,   with heavy  business jet use.

           c.  General aviation only,  at threshold/decision on busi-
              ness jet use.

-------
                   G-2

    d.  International air carriers use of, airport.

    e.  Civil  - military joint  use, with  military  activity a
        major contributor to the noise impact.

    f.  STOL-port or heliport.

    g.  Marginal  air  carriers  use (on order  of  5-10 flights
        per day), possibly on verge of phasing air carrier use
        down or out.

4.  Include one airport from each state with (markedly differ-
    ing) existing state institutional  mechanisms  for land use
    control affecting airports.  These include:  Florida, Cal-
    fornia, Minnesota and Hawaii0   (The State of Washington
    has new airport land use control legislation pending. )

5.  Include airports with  significant  growth potential (based
    on economic growth outlook of the  region,  and absence of
    physical constraints).

6.  Include one airport in each of the following  situations:

    a.  "Brand X"  -  on the  verge of  a decision to become a
        civil airport (i.e.,  a new siting decision or a surplus
        military field).

    b.  "Brand Y" - on the verge of a decision  to phase out as
       an airport.

7.  Include airports with both  simple and  complex political
    jurisdiction pattern regarding control  of  surrounding land
    uses.
      i
8.  Include airports from both  ends of the spectrum in terms
    of :

    a.  Probable  airport staff resources  related  or relatable
       to  the noise problem.

    b.  Probable  local  government planning and land use con-
       trol agency staff resources related or relatable to the
       noise problem.

9.  Include airports from both  ends of the spectrum in terms
    of:

    a.  Apparent interest in resolving/preventing noise impact
       problems.

-------
                           G-3
         b.  Probable desire to participate in the  airports  pilot
             project.

      A group of candidate airports has been identified by EPA such
that this set of characteristics can be sampled in a set of eight to
twelve airports.  The EPA will approach the selected airports' man-
agements and  solicit their participation in  the pilot project,  at the
same time explaining the  roles  and  obligations  expected  of both
parties.
      The EPA will be providing the tools and processes which are
to be utilized, plus a limited amount of technical guidance from EPA
staff or contractors.  The airport proprietors will be asked to apply
these tools and processes, plus the initiative and creativity they can
bring into  the process,   to the local development  of a preferred,
long-range implementation plan.  A significant amount of time and
effort will be required on the part of both airport and local planning
agency staffs, and  no  special incentives can be offered by EPA be-
yond (i) the opportunity to the airport proprietor and local agencies
of having a significant impact upon a major Federal regulation,  and
(2) the opportunity to get a head start on  the implementation planning
that  would be required once the regulation is promulgated.
      EPA headquarters is maintaining liaison  with  EPA Regional
offices  and with FAA's designated liaison officer for  the  project:
Mr.  Cole Morrow, FAA/EQ,  (202)426-8406.
      The EPA's contractor 1'or management  of the  Airports Pilot
Project  is Mr. Joseph D.  Blatt,  (202) 337-9292.   A competitive
procurement action  has recently been  completed to provide  ad-
ditional contractor support  to  assist  EPA  and  the  pilot project
manager in working with the airport proprietors.  To facilitate out-
ward  communication with  aviation  sectors  whose  cooperation is
needed in the pilot project, Mr.  Blatt has formed an "Aviation Lia-
ison Group  for the Pilot  Project," with  membership as  follows:
  - Aerospace Industries Association     -- Mr. W.  E. Helfrich

  - Aircraft Owners and Pilots
  '  Association (AOPA)                 -- Mr. Charles Miller

  - Air Line Pilots Association (ALPA)  -- Mr. Harold Marthinsen

  - Air Transport Association (ATA)     -- Mr. William Becker

-------
                           G-$
   • American Association of Airport
    Executives (AAAE)

   • Airport Operators Council
    International (AOCI)

    General Aviation Manufacturers
    Association (GAMA)

    National Association of State
    Aviation Officials (NASAO)

    National Business Aircraft
    Association (NBAA)
-- Mr.  F.  Russell Hoyt
--Mr.  J.  Donald Reilly
-- Mr. Stan Green
--Mr. John A. Narnmack
-- Mr» Fred B. Mclntosh
      Efforts are  also  under way  to increase the amount of coord-
ination with  and  input  from local governments and  their represent-
ative  national organizations.  In particular,  discussions are under
way with the National League of Cities/U. S. Conference of Mayors,
particularly regarding  the land use  control facets of an airport noise
regulation.

-------
                           APPENDIX H

            MONITORING FOR AIRPORT NOISE CONTROL
                  i                                    •   ;
    A study of the| monitoring  required in  implementing) an  airport
noise regulation  Has recently been contracted for by  EPA.   In the
final draft of the  project  report,  the  results  of that study will form
this appendix.   For the present  draft, some  background {information
and the objectives ;of the contracted study are presented.   I
                  i
       A necessary part of the implementation of an airport noise regu-
lation will be the'monitoring of  progress  in  controlling or reducing
the impact of the incise generated by aviation  activity associated with
the airport.       .                                   .!

    Although a computerized noise model  will  be  made available for
the estimation of  airport  noise environments  during the  development
of airport implementation plans,  actual measurement of the noise en-
vironment is expected to be necessary, for two purposes: .(1) to confirm
actual progress in controlling or decreasing the cumulative noise ex-
posure levels at various points on the ground,  and  (2) to provide a tool
for controlling individual aviation-related facets of the airport's imple-
mentation plan which  require cooperation  by others, such as aircraft
operators.

    For example,  approved implementation plans for individual airports
may include any of the' following items (this list may be amended during
development and promulgation of the regulation):       i

    (a) Approach  and  departure paths applicable to specific  runways
       and, if desired, to specific parts of the 24-hour .day!
                                                         i
    (b) Noise abatement flight procedures,  selected from a'list of FAA-
       approved takeoff,  approach  and landing noise abatement pro-
       cedures, available for  use in airport implementation plans, sub-
      'ject to final FAA approval  of the submitted plan.;

    (c) Single-event noise limits  applicable  to  specific'; runways and,
       if desired,   to specific parts of the  24-hour day; or, if desired,
       applicable  to  the entire  airport and/or to the  entire 24-hour
       day.

    (d) Limitation or reduction of flight frequency on specific runways,
 I      'during  specific hours,  or for  the  entire  airport and/or the
 ,      'entire 24-hour day.

    (e) LRules  limiting the times and places, on the airport property,
       where engine  ground runups  are  allowed, particularly for
       maintenance purposes; performance  requirements for ground

-------
                            H-2
                                         •

        runup suppressors and/or  resulting  airport  boundary  noise
        levels.

    (f)  Possible restriction  on times and location  for aircraft taxiing
        under their own power, as opposed to being towed,  for  aircraft
        producing noise  levels above a specified level during ground
        taxi operations.

    (g)  Complete closure of specified runways,  temporarily or perma-
        nently,  either  to all aircraft, or to aircraft with  noise  char-
        acteristics above a specified value.

    (h)  Construction of new runway(s) designed to place approach  and
        departure paths over areas of compatible land use  and remove
        them from areas  of noise-sensitive land use.

    Although the complete implementation plan for each airport will
 include  land  use control  measures (which must be implemented by
 other parties and will  require some  form of "status monitoring"),  the
 subject of the contracted study is limited to the monitoring  of aviation-
 related activities and the resulting cumulative noise environment gen-
 erated.  It is expected that the outcome of  the monitoring study may
 have  an influence on the structure of the final  regulation.   At a mini-
 mum,  the regulation is expected to contain a definition of the minimum
 legal requirement for  monitoring (including a performance specifica-
 tion) and to require  affected  airport proprietors to submit their pro-
 posed monitoring programs as a part of the implementation plan they
 submit  for FAA approval.

    Since the  airport noise  regulation will  require implementation by
 a wide variety of airports, a range of monitoring systems/procedures
 is implied.   That is,  a  considerable expense  for monitoring may be
 warranted at large airports  generating major impact problems,  but
 the same scale and approach to monitoring would not be appropriate to
 intermediate hub  airports or general aviation airports (with businesV
 jet activity) generating relatively  little impact.  A large percentage of
 the airports  subject  to the regulation may not  be required to  perform
 noise monitoring at all, depending on their noise impact situation.  Over
 a range of airport and impact size, the same monitoring system per-
 formance  specification  may be   expected  to  result in a spectrum of
 actual systems, each system, having differing hardware and software
 characteristics, personnel requirements, capital and operating costs,
 requirements for continuous measurement versus periodic sampling,
 etc.  It  may even be possible (and most cost-effective) for a  group of
 small airports (e. g., in a region or a. state) to share a number  of port-
able monitors if their monitoring needs  are only  periodic,  possibly
under the auspices of their state  aeronautics agency or pollution con-
trol agency.

    Further,  consideration must be given in the monitoring study to  the..
possibility that  a number of  agencies at varius  levels of government,

-------
                            H-3

as well as the public, may wish to utilize  the data.   The FAA will be
the agency ultimately responsible for overall enforcement of the airport
noise regulation.   However, various roles in the implementation may
be played by local planning  agencies, state pollution control agencies,
and other  Federal agencies such as  EPA  and  HUD.  Data on single
flight operation events  (or statistical  summaries  thereof) may be re-
quired for distribution to (a) airport proprietors and aircraft operators,
to aid them in assessing their progress and diagnosing problems, and
(b) the FAA for enforcement purposes.

    This problem  is slightly  related to  the  FAA's contracted  study
under RFP  #WA5R-4-0095,   "Aircraft Noise Measurement System,"
dated December 6,  1973. Specifically, one section of that program  is
a listing and identification of all foreign and domestic airports within
the free world  with functional  noise measurement   systems,  followed
by a detailed technical  evaluation of  "the  ten most complete and  com-
prehensive noise measurement systems available today. "  Coordination
between EPA and the FAA has led to an FAA commitment to make the
results of this  section of  their study available to EPA as  soon  as  com-
pleted by their contractor,  estimated to  be about  October  1,   1974.

    The contract recently intiated under EPA's auspices will be per-
formed in two  phases.   The first phase calls  for the development of:
a comprehensive set of system evaluation criteria; a background report
on the  basic  characteristics, mode of application and effectiveness  of
airport noise monitoring systems in this country  and abroad;  descrip-
tion of the several alternative monitoring approaches; and definition
of measurments or field studies (if any) necessary to evaluate  the sev-
eral alternative monitoring approaches and associated monitoring sys-
tems.  The second phase  of the study will  provide for: development of
a data  base adequate  to document the  evaluation  of the monitoring al-
ternatives under consideration  (according  to the criteria developed  in
the first phase); a comparison  of the alternatives; identification of the
most promising family of monitoring approaches;  and determination  of
the effectiveness, costs,  personnel training requirements  and  other
factors utilized in the monitoring  approaches.

-------
                         APPENDIX I

         REPORT ON THE LAND USE CONTROL STUDY

    In  the   final  project  report this  appendix  will  consist  of the
advisory   document on  strategies for land use control in conjunction
with airport noise abatement plans under a Federal airport noise regu-
lation.  By the nature of the problem, this document must  deal with all
three levels of government (Federal, state,  local); however, the major
concentration will be  in the  area of the weakest link; means available
to the Federal government to influence  land use  decisions.   Further,
the document must clearly separate those actions available  under exist-
ing law and those which (no  matter how desirable) cannot be carried
out without new legislation.

    A contracted  study is under  way to produce  this document,  with
heavy participation by EPA staff and consultants, and with significant
benefit being obtained from other  EPA efforts to delineate the existing
authorities in the hands of EPA and other Federal agencies to influence
land use.

    Under a separate contract, a "law  in  action" study is being per-
formed regarding the experience of the State of California  in regulating
airport noise.  The study places particular focus upon diagnosing local
successes  and failures  in land use control adjacent to airports since
the instigation of a state regulatory system which includes: (1) an air-
port land use commission in each county, (2) numerical (noise expos-
ure) criteria  for  airport land  use  decisions,   (3) requirement for  a
noise element  in all general  plans, (4)  requirement that zoning decis-
ions be consistent with  general  plans,  and (5)  requirement  for  an
environmental impact report (EIR)on proposed actions by state or local
agencies.

    In a sense,  the "California experience" is  being looked upon as a
"pilot project" from which the Federal government may learn in form-
ulating a Federal regulation on airport noise.

    The following preliminary outline of the advisory document provides
an indication of its proposed content.

-------
                             1-2

             OUTLINE OF THE ADVISORY DOCUMENT

               ON LAND USE CONTROL STRATEGY
  "Compatible Land Use:  Federal Interventions at the State and Local
 Level Which are Necessary or Useful in Preventing Levels of"Aircrai't
 Noise Exposure Potentially Injurious to the'Fublic Health and'Welfare'"'

 I.  Introduction

    A.  Background
        -  Brief review of pertinent legislation and regulations

    B.  Purpose                 	   				„._-,-		,—>	^
. .— ——_;—^DHscriptioii""6r"t}Te~'gtoals~"'and objectives of the "Advisory Docu-
 •          ment"

    C.  Significance
        -  The necessity of a comprehensive approach          i> •
        -  Such intervention has already occured in similar areas for
           related purposes

 II'.  Urbanization  and the conflicts precipitated by the concentration of
    economic activity

    A.  Benefits  resulting from the concentration of "incompatible" land
        uses                  ••.'••

        1.  Interdependence of land uses

 ;  •     2.  Limitations of the  temporal  integration of dependent  activ-
           ities.

        3.  Advantages of the spatial integration of dependent activities

        4.  Specialization, diversity and productivity as  a function of
           spatial and temporal integration

    B.  Costs associated with  the concentration of "incompatible" land
        uses

        1.  Perturbations resulting from the spatial integration  of de-
           pendent activities

        2.  Externalities:  limitations of the pricing mechanism

        30  Health, safety and  welfare as evaluation criteria:  the reg-
           ulatory frame work

        4.  Decreased utility under regulation:  the  secondard pricing
           mechanism

-------
                          1-3

     C. The role of government in the prevention and amelioration of
        conflict resulting from "incompatible" land use.

        1.  Reducing perturbations  associated with specific activities:
            the test  of technological feasibility and economic respon-
            sibleness in "source control."

        2.  Prescribing optimal development  patterns:  land use con-
            trol  and  the   selective  disintegration  of incompatible,
            dependent activities.

        3.  Providing public compensation  for economic hardship res-
            ulting from  land use  control:   executive, legislative and
            judicial Interpretations.

        4.  Requiring private compensation for damages to persons or
            property resulting  from incompatible   activities; judicial
            intervention.
III.  The emerging  Federal  role  in   the prevention and amelioration
     of conflict resulting from "incompatible" land use

     A.  Technological innovation and the evaluation of the effects of spe-
        cific perturbations; new protection  for the public health,  safety
        and welfare.

        1. Measurement tools & techniques; making monitoring and en-
           forcement a practical reality.

        2. Prediction:  forecasting  impacts  makes preventive  action
           reasonable and imperative.

        3. Standards:   acceptability criteria establish new values and
           objectives.

     B.  Regulation of specific sources and activities:   the established
        Federal role.

       , 1. . Air quality      .                  ;

        2. Water quality

        3. Noise emissions

        4. Transportation safety

 .,:/?..;-t  5." Hazardous materials

-------
                              1-4

         6.  Occupational safety

         7.  Others

      C. Incentives for the  development  of compatible land use:   the
         emerging Federal role.

         1.  VA & FHA mortgage insurance

         2.  A-95 agency review

         3.  National Environmental Policy Act

         4.  Comprehensive planning requirements for categorical grants

         5.  Others

     D.  Regulatory actions: directly controlling local land use: the new
         frontier

         1.  FDIC Flood Plain insurance

         2.  Air quality

         3.  Airport clear zones

         4.  Others

IV.  Airport land use compatibility as a local and regional  adversary
     condition:  problems and solutions

     A.  The etiology of encroachment

         1.  The life cycle of an airport

         2.   "Preventive" and "remedial"  situations:  the continuum of
            airport typologies

         3.  "Compatible" and "incompatible" development:  the elusive
            evaluation criteria

     B.  An idealized airport land use planning and control process

         1.  Elimination of the constraints imposed by political fragmen-
            tation.

         2.  The planning function:  establishment of a land use guidance
            system and areawide comprehensive plan for undeveloped,
            developing, developed and  redeveloping land.

-------
                            1-5

       3.  The control function as selective application of appropriate
           land use control mechanisms:  acquisition,  regulation, tax-
           ation, capital improvements and contractual agreement.
V.  The Federal role in the abatement of aircraft noise exposure through
    land use control mechanisms

    A.  Incentives, controls and sanctions applicable at the state level

       1.  Authority under existing administrative discretion

       2.  Approaches requiring the promulgation of new regulations

       3.  Approaches requiring new legislation

    B.  Incentives,  controls and sanctions applicable at the local level

       1.  Authority under existing administrative discretion

       2.  Approaches requiring the promulgation  of new legislation

       3.  Approaches requiring new legislation

-------
                       APPENDIX J

       REPORT ON THE ECONOMIC/FINANCING STUDY
    In the final version of the project report, this appendix will consist
of the report(s) on the contracted studies on economic impact and finan-
cing, together with  a summary  representing the  EPA/ONAC staff
assimilation and integration of those studies.

    The objective of these studies is to assess the domestic and inter-
national economic impacts  of implementation actions resulting from
alternate forms  of a Federal regulation on airport  noise.   Since cost
allocation and incidence will vary depending upon the financing mechan-
isms made  available,  the economic impact study must have embedded
within it the most likely or feasible financing schemes.

    To give a complete picture,  the study must encompass not only the
repercussions  of local land-side  and airport operational  abatement
actions, but also the actions resulting from the other aircraft regula-
tions which are so crucial to the achievement of any specified rate  of
improvement  in  airport/community noise exposure; i.e.,  the retrofit
and noise abatement flight procedures regulations. Fortunately,  a sig-
nificant  amount of abatement cost-effectiveness work has already been
done in  those areas, which  can  be utilized.   The major areas of new
analysis  are  in  the  land-side  actions  and the airport  operational
changes; some of the latter may have domino effects outward through
the entire air transportation system.

    Several of the other ongoing studies in the airport  regulation pro-
gram will,  of  course,  generate new cost data (e. g.,  the  monitoring
study and the airports  pilot  project).   The  administrative costs asso-
ciated with  various forms of a regulation must also  be  estimated.

    Finally, these studies will include an estimate of any major energy
demand effects (positive or negative).

    At the date of this draft,  EPA has received the results of two small
(preliminary) contracted studies  I/   2/  and is preparing  to contract
for the major economics/financing study itself.

References:

1.  "Analysis  of Methodology for the Economic Impact of Airport Noise
    Regulations, " Arthur D.  Little, Inc.,  April 1974. (This Phase I
    study develops methodology and assesses the adequacy of existing
    data base.)

2.  "Methods of   Financing Airport  Noise  Regulation  Requirements
    Arising in the Airport Region, " Urban Systems Research and En-
    gineering,  Inc.,  July  1974.  (This study qualitatively evaluates
    alternative financing sources mechanisms, for land-side abatement
    actions  only, with  respect to  efficiency,  equity, ability to mini-
    mize adverse impacts,  and administrative feasibility.

-------
                            APPENDIX K

                         THE DOCKET FILE

          There are presently two paths by which  entries to the docket for
       the airport noise regulation are received:

      ""'"  (1)  Responses  to the EPA  "Notice of Public Comment Period,"
       published in the Federal Register on February 19, 1974.  (The closing
       date for entries,  for  the airport regulations, was June 2(3,  1974.) (2)
       Since  the end of July,  1973,  all citizen noise complaint letters concern-
       ing airport noise and  received at EPA headquarters are entered in the
       docket,   (Prior to that time, they were entered in the master file for
       development  of the EPA  Report to  Congress on Aircraft and Airport
       Noise, submitted July 1973.)

               Subsequent to publication of the first draft  project  report,  a
       third  path  for entries to  the  docket will exist  -- the comments of
       reviewers of the draft project report.

               All entries are seen by the Program Manager for Airport Noise
       regulation, before they go into  the docket.  After the closing date for
       comments in response to the  February  19 Notice, a detailed analysis
       of the  docket will be made and the results taken into consideration in de-
       velopment of the regulation.  For the present,  an  indication of  the
       number  and type of docket entries  being  received  is given in the
      -following pages.

               List I itemizes  the docket entrties  by  originator's name  and
       assigns  a serial number to the entry.  List II broadly categorizes the
       sources of docket entries, and List III broadly categorizes the subjects.
       In the  matrix provided in Figure 1,  the serial numbers of the docket
       entries  are entered in  the appropriate matrix location, according to
       general  category of source and subject.

               A high percentage  of the entries come from  either  state  and
       local governments or individual public citizens,  with the split about
       even between the two.  In  general,   they are supportive of regulatory
       action on  the  topics  listed in the Federal  Register  Notice,  and  are
       urging that we get on with the job on  an expedited basis.  Many entries
       from both groups cite specific airport noise problems they are exper-
       iencing;  a large fraction are connected with Chicago O'Hare Airport.

               Some entries  contribute original research reports or detailed
       technical comments and suggestions.  These will be subject to further,
       detailed  analysis for purposes of developing the regulation.
X.

-------
                            K-2

                           LIST I

                      DOCKET ENTRIES

 1.  City Engineer,  Christchurch,  England
 2.  Janet Gray Hayes, Vice-Mayor, City of San Jose,  Calif.
 3.  H. K. Rowan, Cypress, Calif.
 4.  Roger F. Honberger,  Dpty. Admin. Officer, County of San Diego,
       Calif.
 5.  Carl F. Nielson,  Chrm. Noise Pollution Committee, The Conserv-
       ancy Assn., Hong Kong
 6.  Mrs. Phyllis Kreitman,  Pres., County Estates Civic Assn.,  East
       Hills,  N. Y.
 7.  Gary L.  Singleton, M.  D., Washington, D. C.
 80  Robert E. Veverka, Minneapolis, Minn.
 9.  David G.  Graeven, California State University,  Haywood,  Calif0
10.  Robert Conot, Pres. Sunset Hills Homebuilders Assoc., Thousand
       Oaks,  Calif.
11.  James F. Scearce,  EPA  (A-100)
12.  Ms.  Ethel Cameron, Squantum, Mass.
13.  Joel D. Joseph, Staff Attorney, Action on Safety and Health, Wash-
       ington,  D.C.   (2 letters:  Dec.  10,  1973; and March 5,  1974)
14.  Samuel W. Cohen, M.D.,  Brooklyn,  N.  Y.
15.  Mrs.  R.  F.  DeLamater,  Atlanta, Ga.
16.  Nigel D.  Finney, R. Dixon Speas Associates,  Minneapolis, Minn.
17.  William C. Plentl, Jr., Director of Aviation, North Carolina Dept.
       of Trans.
18.  Richard C. Hartuis, Park Ridge, 111.
19.  Thomas R. Fini,  Clarence, N. Y.
20.  G. Borgeaud, Geneva Airport  Authority,  Geneva, Switzerland
21.  George  W. Kamperman, P.E., Kamperman Associates, Downers
       Grove, 111.
22.  J. C. Holnian, Oak Park, 111.
23.  Mrs.  Roger Geske,  Ithasca, 111.
24.  Albert H. Castle, Chicago, 111.
25.  P.  Patrick Mann, Environmental Standard Supervisor,  Inglewood,
       Calif.
26.  Edward K. Patten, Mayor,  Glenview, 111.
27.  Richard H. Plant, Prospect, 111.
28.  Mr.  & Mrs. Wm. Robey, Bensonville, 111.
29.  John W. Braun,  Chicago, 111.
30.  John Baker, Palm Springs, Calif.
31.  Mrs.  R.  Hoist, Park Ridge, 111.
32.  Phillip Landahl,  P.E., O'Hare Area N.O. I. S. E. Chapter
33.  Herbert H. Behrel, Mayor, Des Plaines,  111.
34.  C. W. Evans, The British  Society of Aerospace Companies, Ltd.,
        London
35.  Walter Rittmueller, Principal, St. Paul Lutheran Church and
        Christian Day  School,  Chicago,  111.

-------