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Presented to: 2009 AAAE Airport Noise Mitigation Symposium
By:
Rick Etter, HQ FAA, Airport Acquisition Specialist, Office of Airport Planning and Programming;
Dana Perkins, FAA Southern Region, Airports Division Noise Program Manager;
Lindy McDowell, FAA Orlando Airports Districts Office (ADO), Environmental Specialist
Date: October 05, 2009
Federal AviationAdministrationFAA Hot Topics
2 2Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
FAA Hot Topics Outline Status/Outlook for the FAA’s FY10 AIP Program &
Relevance to Noise Program (Dana Perkins)
FAA Noise Program Overview & Status Update (Dana Perkins)
Noise Land Inventory & Reuse Plans– Status in Meeting PGL Requirements (Rick Etter)– Sample Model Noise Land Inventory & Reuse Plan (Rick Etter)– Thoughts & Lessons Learned (Dana, Rick, Lindy)
FAA Sound Insulation Guidelines for Residential Properties (Rick Etter)
Part 150’s where contours don’t leave the airport? (Lindy McDowell)
3 3Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Status/Outlook for FAA’s FY10 AIP Program & Relevance to Noise Program
Dana Perkins, Noise Program ManagerFAA Southern Region, Airports Division(404) 305-7152; [email protected]
4 4Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Where We Are Today Previous Authorization – “Vision 100 – Century of
Aviation Reauthorization”– 4-Year Authorization (FY03 – FY07)– Expired 30 Sep 2007
Continuing Resolution (FY 08 – FY 09)– Resulted in a Split Program (A & B Programs)
FY09 A = $1.5B FY09 B = $2B
– FY 09 Extension Expires on 30 Sep 2009
American Recovery & Reinvestment Act of 2009– Provided an additional $1.1B for shovel-ready projects
Noise insulation project for public buildings at Chicago approved for $5M
5 5Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
AIP FY 2009
6 6Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Where We Are TodayHouse Bill (H.R. 915), “FAA
Reauthorization Act of 2009”– Introduced Feb 09, 2009– Passed House May 21, 2009
Senate Bill (S. 1451), “FAA Air Transportation Modernization & Safety Improvement Act”– Introduced to Senate Jul 14, 2009
7 7Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
2010 AIP Funding Outlook?
Carnac says…
8 8Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
The Future If no Reauthorization by 30 Sep 2009,
Congress will need to issue a new extension
- 3 month extension?
Optimistic for Reauthorization in 1st Quarter FY10 (Oct-Jan)
Might allow a sponsor to reinvest noise land disposal $ in other AIP eligible projects if no noise projects remain
9 9Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Side-by-side Comparison of H.R. 915 & S. 1451 (July 23, 2009 post Senate Mark-up)
10 10Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Side-by-side Comparison of H.R. 915 & S. 1451 (July 23, 2009 post Senate Mark-up)
11 11Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
FAA Noise Program Overview & Status Update
Dana Perkins, Noise Program ManagerFAA Southern Region, Airports Division(404) 305-7152; [email protected]
12 12Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Outline Facts & Figures
Policy & Guidance
Noise Set-aside
Deep Thoughts…
13 13Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Facts & Figures FAA Investment Since 1982
– $8.5B ($5.2B in AIP & $3.3B in PFC)
83,251 People Noise Mitigated (FY 2005-2008)
FAA Program Goals (FY 2004-2013)– 4% annual reduction of persons exposed (65-75 DNL)– 20,000 people/yr noise mitigated
254 Airports Issued Grants for Part 150 Studies
240 Airports with Approved NCPs
47 Projects Planned for FY 2010-2014
14 14Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Policy & Guidance FAA AC 150/5020-1, Noise Control &
Compatibility Planning for Airports, August 1983 (under revision)– 31 Dec 2009 (Very Optimistic)
New FAA Coordination Policy for Non-standard Modeling Procedures & Methodology– File Named “07-28-09AEE&ARP Coordination
Policy-Nonstandard INM Modeling.pdf” on Conference Thumb Drive
15 15Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
New FAA Coordination Policy for Non-standard Modeling Procedures & Methodology
16 16Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Noise Set-aside
Funds Distribution– Current Authorization requires 35% of Discretionary
funding (nationwide) to be set aside for noise & air quality mitigation (VALE)
– HQ determines which projects submitted by ADO’s are funded
– General funds allocation process
“Worst First” = National Priority Rating (NPR) #
“Best Bang for the Buck” = $/person benefit
17 17Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Deep Thought
s…Together we are better…
Don’t tell someone you’re gonna give them a baby & then hand them a newborn rat…
Participating in the Part 150
program is like joining the U.S.
military…
18 18Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
SponsorConsultant
FAA HQ & Region
FAA ADO
Together We Are Better…
Involve FAA ADO (or RO where appropriate) early & often!
19 19Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Don’t tell someone you’re gonna give them a baby & then hand them a newborn rat…
Manage Expectations (Sponsor & Especially Public)– ROA approval criteria outlined in 14 CFR Part 150
should be in forefront during brainstorming & NCP development.
– Make sure ATO is at the local table & if they are not, get your ADO/RO involved.
– Understand the FAA review process.– ADO/RO should not see the NEM &/or NCP for the
1st time when they are “formally” submitted to the FAA for approval or acceptance.
20 20Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Participating in the Part 150 Program is like joining the U.S. military…
Program participation is voluntary. But… once you volunteer, the program “owns” you until you withdraw.
– 14 CFR Part 150 Requires NEM Updates:
– When there is a change (+ or -) in yearly Day-Night Average Sound Level (DNL) of 1.5 decibels (dB) or greater over noise sensitive land uses;
NCP Updates:– When NEMs reveal previously non-compatible becomes compatible or
vice versa;– When NCP elements become no longer applicable because they were
based on previous NEMs– When new NCP measures are proposed or needed
– Previously approved NCP measures affected by changes in new noise contours need to be updated in order to remain eligible for funding.
On-going mitigation measures near completion may remain eligible for purposes of n’hood equity.
21 21Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Noise Land Inventory & Reuse Plans
Rick Etter, Acquisition SpecialistHQ FAA, Office of Airport Planning & Programming(202) 267-8773; [email protected]
22 22Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
PGL 08-02 Management of Acquired Noise Land
Sample Inventory and Re-use Plan Submittal
Status of Submittals
Noise Land Inventory & Re-Use Plan
23 23Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
FAA Requirements to Manage Noise LandPGL 08-02 Management of Acquired Noise Land:
Inventory - Reuse - DisposalSECTION 1. OBLIGATIONS ASSOCIATED WITH THE ACQUISITION OF NOISE
LAND
SECTION 2. MANAGEMENT OF NOISE LAND
Noise Land Inventory and Reuse Plan.
SECTION 3. RETAINING NOISE LANDA. Defining “No Longer Needed for Noise Compatibility.”B. Reserving Adequate Property Rights to Prevent Incompatible Land Use.
SECTION 4. DISPOSAL OF UNNEEDED NOISE LAND.
SECTION 5. USE OF DISPOSAL PROCEEDS
SECTION 6. FAA OVERSIGHT OF NOISE LAND
SECTION 7. COMPLIANCE AND REPORTING
ATTACHMENTS: Inventory, Re-use Plan, Appraisal scope of work, sample escrow
Download PGL 08-02 http://www.faa.gov/airports/aip/guidance_letters/media/PGL_08_02.pdf
24 24Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
• Prepare an inventory of Acquired Noise Land.
• Tell FAA what they intend to do with the Noise Land
• Dispose of Unneeded Noise Land– Disposal by Exchange– Disposal by Sale– Disposal by Conversion to AIP Eligible Airport
Development Land– Disposal Through Long Term Lease or Conversion to
AIP-ineligible airport–owned land
• Provide updates as required
What is the Sponsor Required to Do?
25 25Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Prepare an inventory of Acquired Noise Land.
– Include a schedule of all acquired noise land (should be the same as the Noise Land Grant Exhibit A) Show:
• Current Status per approved Reuse Plan; e.g. Sold, leased, retained for noise compatibility, converted to AIP eligible use, converted to aeronautical related (revenue producing)
• APN other Recordation Data on Sold Redevelopment Parcels
– Include an aerial photo / map of acquired land, Show:• Noise Contour shown (latest approved NEM) • Airport Development / Aeronautical Use Parcels Outlined• Redevelopment Parcels Outlined (to be disposed or
disposed)• Retained easements, deed covenants, other retained
property rights
Noise Land Inventory Map
26 26Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
The Airport Sponsor in consultation with the FAA District Office and
Region will submit the following for FAA Acceptance:
• Part A: Identify acquired parcels “Needed for Noise Compatibility”(e.g. within 75 dB DNL and not developed, needed for buffer given zoning/land use
issues, no current market or airport development feasible/assembled)
• Part B: Identify Unneeded land to be disposed by Market Sale
• Include and update as disposal of redevelopment parcels progresses. Show appraised FMV information and sales proceeds when disposed.
• Part C: Identify Unneeded land to be incorporated as eligible Airport development land or used as airport owned Aeronautical related revenue producing land.
• ALP changes required to incorporate land. Applicable Environmental documentation completed.
FAA will accept and monitor Sponsor compliance with the Grant
Assurance.
Sponsor Re-Use Plan
27 27Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
FAA Acceptance of Inventory and Re-use Plans
FAA Review of Inventory and Reuse Plan
FAA may accept upon finding that: Inventory is Accurate and Includes all AIP and PFC assisted land
acquisition (Verify against Exhibit A or the funding documents) Adequate property rights (easement/deed restrictions) are retained by
the airport to prevent incompatible use or development of the land disposed.
Sale, lease or exchange of the unneeded land will be at the Fair Market Value, and;
Disposal proceeds will be used for an FAA-approved AIP-eligible noise compatibility project or returned to the Trust Fund.
Sponsors may dispose of noise land by long-term lease provided the sponsor arranges to repay the federal share of the current FMV of the property at the time it enters into the lease as a lump sum. Repayment of the federal share over time is not allowed.
28 28Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Sample Inventory & Reuse Plan
RPZ
LandPossible
Sale
Land
29 29Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Sample Inventory & Reuse Plan
30 30Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Status of Inventory & Reuse Plans Submittals to FAA
The FAA resolution of the 2005 OIG Audit requires that airport sponsors with AIP grant assisted noise buy-out programs submit their inventory and re-use plan no later than October 2009.
TO DATE: The 11 airports cited in the OIG report have all submitted their re-use plans. Most of the remaining 106+/- airports with current or past AIP assisted programs are expected to submit their inventory and plan by the October 2009 deadline.
31 31Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
What’s Next?
• FAA will review for acceptance of compliant inventory and re-use plans by June 2010.
If not acceptable at submission, corrective action with the airport sponsor will be necessary, such as:
1. Verify inventory as accurate and complete for all AIP assisted noise land acquisition.
2. Correct/confirm proposed re-use and terms of re-use meet grant assurance requirements.
3. Ensure compatible land use rights are retained and enforced.
32 32Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
What’s Next?
• What happens if airport sponsor does not submit inventory and plan by October 2009?
– The OIG will be advised and the FAA Office of Airport Compliance and Field Operations will take appropriate action.
– Compliance issues may result in formal finding of non-compliance with grant assurances and loss of grant funding.
– Resolution and corrective action will be needed.
33 33Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
What’s Next?
• Ongoing Program? Yes.– Airports will need to maintain their inventory and re-
use plans.– Per Grant Condition on all noise land acquisition
grants since 2006, the airport agrees to submit the inventory and reuse plan prior to grant close-out.
– FAA will monitor re-use plans as part of ongoing land use inspections.
34 34Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Lesson’s Learned?• The Grant Assurance only applies to noise land acquired with AIP
grant funds after 1982. Land acquired with ADAP (pre 1982 acquisition) is not covered.
• Noise land may be converted to accommodate eligible airport development. See AIP handbook (FAA Order 5100.38C) at paragraph 701 for general description of allowable conversion, such as: runways, taxiways, associated safety areas, ramps, aprons …. RPZ …, Some Landside development as described in the AIP Handbook as eligible airport development. NO PAYBACK REQUIRED ON ELIGIBLE CONVERSION.
NOTE: PAYBACK AT FMV REQUIRED FOR CONVERSION TO INELIGIBLE AIRPORT DEVELOPMENT OR TO NON AERONAUTICAL REVENUE PRODUCING.
35 35Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Where to Get More Information?
Questions / Guidance Needs?
PGL 08-02 “Management of Acquired Noise Land” www.faa.gov/airports/aip/guidance_letters/media/PGL_08_02.pdf
AIP Handbook Chapter 8, FAA Order 5100.38Compliance Handbook, FAA Order 5190.7Contact Your FAA Project Manager
http://www.faa.gov/airports/news_information/contact_info/regional/
36 36Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
FAA Sound Insulation Guidelines for Residential Properties
Rick Etter, Acquisition SpecialistHQ FAA, Office of Airport Planning & Programming(202) 267-8773; [email protected]
37 37Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Guidelines for Sound Insulation of Residences Exposed to Aircraft Noise
• Published in 1992 for military and FAA airports programs as a project management handbook for studying, initiating, and implementing sound insulation measures developed under airport noise compatibility programs. (FAA AC 150/5100-9A)
• The Guidelines were updated in 2005 by the U.S. Navy for application at military airports in part to reflect current building codes and insulation product specifications.
• A similar update of the Guidelines would also benefit FAA airport noise programs. However, the update for FAA programs would need to retain and update the FAA-approved project management and AIP grant management requirements.
38 38Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Guidelines for Sound Insulation of Residences Exposed to Aircraft Noise
• What is being looked at for the Update:
– Product specifications for sound insulation– Code requirements / changes– Sound reduction testing and sampling methods– Possible computer based estimating facility– FAA AIP acceptance standards– Project management guidance– Measure of energy conservation benefits
39 39Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Guidelines for Sound Insulation of Residences Exposed to Aircraft Noise
• How is the Update going to be made?
FY 2010 Airport Cooperative Research Program Project No. 2-24 :Guidance for Residential Sound Insulation Adjacent to Airports
Project Announcement issued August 2009
Detailed Project Description and Request for Proposals is expected to be released after November 2009.
See: http://www.trb.org/acrp/public/acrp.aspx
40 40Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Part 150’s Where Contours Do Not Leave Airport Property
Lindy McDowell, Environmental SpecialistOrlando Airports District Office(407) 812-6331; [email protected]
41Federal AviationAdministration
FAA Hot Topics
October 05, 2009 - 2009 AAAE ANMS
Questions