On January 13, 2021, the Federal Aviation Administration (“FAA”) published, in the Federal Register, Vol. 86, No. 8, Docket No. FAA-2021-0037, p. 2722, a necessary, if somewhat belated, “summary to the public of the research programs it sponsors . . . that could potentially inform future aircraft noise policy.” While the “spirit” appears willing, the “execution” is weak.

FAA first claims, by way of “background,” that “the number of people living in areas exposed to SIGNIFICANT levels of aircraft noise in the United States has declined from roughly 7 million to just over 400,000 today.” Id., at 2723 [emphasis added]. FAA credits that reduction principally to “phased transition to quieter aircraft;” efforts by local governments to reduce the number of people living in close proximity to airports through planning; sound insulation; and, perhaps most ironically, the introduction of Performance Based Navigation (“PBN”), or RNAV procedures which consolidate flight corridors, thus reducing the NUMBER of persons overflown, while, at the same time, increasing noise for residents under the newly consolidated flight tracks.

FAA’s conclusions are skewed by reliance on outdated assumptions.

Continue Reading FAA Research on Environmental Issues Ignores Significant Factors in Public Discontent

In a monument to political deal making, the United States Congress is today considering, in the House and Senate Aviation Committees, the "FAA Modernization and Reform Act of 2012," H.R. 658 ("Act") to, among other things, "authorize appropriations to the Federal Aviation Administration for fiscal years 2011-2014 . . ." It is, however, the other provisions of the legislation which most profoundly affect the public.   

Purportedly to "streamline programs, create efficiencies, reduce waste and improve safety and capacity," the most recent version of the Act to emerge from the House-Senate Conference Committee exempts all new area navigation ("RNAV") and required navigation performance ("RNP") procedures, which collectively comprise the "Next Generation Air Transportation System" ("NextGen"), Act § 201, Definitions, from environmental review under the National Environmental Policy Act, 42 U.S.C. § 4321, et seq. ("NEPA"). 

The Act, generally, mandates that all "navigation performance and area navigation procedures developed, certified, published or implemented under this section [Section 213] shall be presumed to be covered by a categorical exclusion (as defined in § 1508.4 of Title 40, C.F.R.) under Chapter 3 of FAA Order 1050.1E, unless the Administrator determines that extraordinary circumstances exist with respect to the procedure." Act, § 213(c)(1).   

The Act expands on this mandate in § (c)(2). "NEXTGEN PROCEDURES – Any navigation performance or other performance based navigation procedure developed, certified, published or implemented that, in the determination of the Administrator, would result in measurable reductions in fuel consumption, carbon dioxide emissions, and noise, on a per flight basis, as compared to aircraft operations that follow existing instrument flight rule procedures in the same airspace, shall be presumed to have no significant effect on the quality of the human environment and the Administrator shall issue and file a categorical exclusion for the new procedure."


Continue Reading FAA Reauthorization Act Exempts Next Generation Airspace Redesign Projects from Environmental Review