10-18-09 AAAE ANMS Hot Topics

FAA Hot Topics

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)

Status/Outlook for FAA’s FY10 AIP Program & Relevance to Noise Program Dana Perkins, Noise Program Manager FAA Southern Region, Airports Division (404) 305-7152; dana.perkins@faa.gov

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

AIP FY 2009

Where We Are Today

House 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

2010 AIP Funding Outlook? Carnac says…

The Future

If no Reauthorization by 30 Sep 2009, Congress will need to issue a new extension

- 3 month extension?

Optimistic for Reauthorization in 1 st Quarter FY10 (Oct-Jan)

Might allow a sponsor to reinvest noise land disposal $ in other AIP eligible projects if no noise projects remain

Side-by-side Comparison of H.R. 915 & S. 1451 (July 23, 2009 post Senate Mark-up)

FAA Noise Program Overview & Status Update Dana Perkins, Noise Program Manager FAA Southern Region, Airports Division (404) 305-7152; dana.perkins@faa.gov

Outline

Facts & Figures

Policy & Guidance

Noise Set-aside

Deep Thoughts…

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

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

New FAA Coordination Policy for Non-standard Modeling Procedures & Methodology

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

Deep Thoughts… 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…

Sponsor Consultant FAA HQ & Region FAA ADO Together We Are Better… Involve FAA ADO (or RO where appropriate) early & often!

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 1 st time when they are “formally” submitted to the FAA for approval or acceptance.

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.

Noise Land Inventory & Reuse Plans Rick Etter, Acquisition Specialist HQ FAA, Office of Airport Planning & Programming (202) 267-8773; rick.etter@faa.gov

Noise Land Inventory & Re-Use Plan

PGL 08-02 Management of Acquired Noise Land

Sample Inventory and Re-use Plan Submittal

Status of Submittals

FAA Requirements to Manage Noise Land

PGL 08-02 Management of Acquired Noise Land:

Inventory - Reuse - Disposal

SECTION 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 LAND

A. 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

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?

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

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

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.

FAA Acceptance of Inventory and Re-use Plans

Sample Inventory & Reuse Plan RPZ Land Possible Sale Land

Sample Inventory & Reuse Plan

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.

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:

Verify inventory as accurate and complete for all AIP assisted noise land acquisition.

Correct/confirm proposed re-use and terms of re-use meet grant assurance requirements.

Ensure compatible land use rights are retained and enforced.

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.

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.

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.

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 5100.38

Compliance Handbook, FAA Order 5190.7

Contact Your FAA Project Manager http://www.faa.gov/airports/news_information/contact_info/regional/

FAA Sound Insulation Guidelines for Residential Properties Rick Etter, Acquisition Specialist HQ FAA, Office of Airport Planning & Programming (202) 267-8773; rick.etter@faa.gov

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.

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

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

Part 150’s Where Contours Do Not Leave Airport Property Lindy McDowell, Environmental Specialist Orlando Airports District Office (407) 812-6331; lindy.mcdowell@faa.gov

Questions