Airport Business - 32

AIRPORT GURU
AUTHOR Curt Castagna

30 Years After ANCA:

Can Airports Live with New CommunityImposed Noise Restrictions?
IN COLORADO, Congressional lawmakers are considering a
bill that would allow general aviation airports to impose new
operational restrictions to reduce aircraft noise, including the
ability to limit access to their facilities based on aircraft type
and number. In similar fashion, a proposed California bill called
the Restore Everyone's Sleep Tonight Act of 2019 would enable
airports to impose mandatory curfews and financial penalties
against aircraft operators based on their community noise
impacts.

These join a series of recently
introduced bills that would provide
local regulation over aircraft noise, and
which have drawn staunch opposition
from aviation advocates. However,
increased Congressional intervention
appears to be trending toward the future.
For example, efforts are underway by a
dozen U.S. Representatives to garner
support for the Decrease Noise Level Act,
which would lower the Federal Aviation
Administration's (FAA) Community
Noise Equivalent Level (CNEL) of 65
decibels as the acceptable level of aircraft
noise for persons living in the vicinity
of airports.
All of these measures pose the threat
of jeopardizing the national airspace
system, weakening the economic base
of communities and undermining the
Aircraft Noise and Capacity Act (ANCA)

ABOUT THE AUTHOR
CURT CASTAGNA

Curt Castagna, president and CEO of
Aeroplex/Aerolease Group, is a member
of the Los Angeles County Airport
Commission, president of the Van Nuys
and Long Beach Airport Associations,
and a board member of the National Air
Transportation Association. A certified
private and instrument-rated pilot,
he has instructed courses in aviation
administration at Cal State Los Angeles
for over two decades.

of 1990. It is important to consider that
ANCA was passed by Congress to
shift responsibility for noise abatement
away from local governments and
airport sponsors, and to grant the FAA
preemptive authority over the setting
of noise levels and imposition of noise
and capacity restrictions at airports. It
was also believed that shifting toward
a national solution would result in less
litigation and more cooperation among
airport stakeholders in regard to airport
noise issues.
In simple terms, ANCA both
required the phase-out of Stage 2 aircraft
weighing more than 75,000 pounds
and regulated an airport's ability to
operationally restrict Stage 2 and Stage
3 aircraft.
It also made airports seeking to
limit or restrict the operation of Stage
2 or Stage 3 aircraft for noise mitigation
purposes subject to FAR Part 161
regulations, which provide a study
methodology for airports to prove to
the FAA that an exception to ANCA
is warranted.
The consequences for airports that
fail to comply with ANCA are severe.
If an airport adopts a noise or access
restriction without following regulation,
it may lose eligibility for Airport
Improvement Program grants and access
to Passenger Facility Charges. To date,

32 \ AIRPORTBUSINESS / APRIL 2020

Advances in technology
allow manufacturers to
build quieter, more efficient
aircraft with less noise
impacts on airport neighbors.
AEROPLEX/AEROLEASE GROUP

no airports have successfully received
approval from the FAA to impose noise
restrictions, such as a mandatory curfew,
through the FAR Part 161 process.
In December, a coalition of industry
groups - ranging from general aviation
organizations to airline associations
- partnered to express opposition to
H.R. 5423, the Aircraft Noise and
Reduction Act (ANRA), which seeks
to give local officials the ability to
severely restrict access to general aviation
airports. In a letter to the U.S. House
of Representatives Committee on
Transportation and Infrastructure and
other members of Congress, nine trade
associations said the proposed legislation
would severely undercut the utility and
safety of thousands of airports across the
nation and reverse course on the need to
regulate aviation matters at the federal
level.
In light of political intervention and
limited post-ANCA options, how can
airports and communities work together
to meet this challenge?
Today, advances in technology allow
manufacturers to build quieter, more
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