Tag Archive: FAA

Supreme Court on airport noise: “Go away!”

By David Sykes, Vice Chair, The Quiet Coalition (with contributions by Jamie L. Banks, Jeanne Kempthorne and Gina M. Briggs)

The U.S. Supreme Court has refused to hear the airport noise case brought by the town of East Hampton, Long Island (of The Hamptons in New York).
This is an important case that The Quiet Coalition wrote about back in January and March.  This case is significant as it addresses an important issue of public health, because noise not only causes hearing problems, it also contributes to heart disease and other conditions.

There are 15,000 airports in the USA, 5200 of which have paved runways, and 376 have regularly scheduled flights. That’s a lot of neighborhoods and people exposed to the pollution and noise from take-offs and landings! Perhaps now that the Supreme Court has denied their petition for a writ of certiorari (i.e., seeking review of a lower court decision), the East Hampton group will join the 36 communities in the National Quiet Skies Coalition and press their congressional representatives to join the Congressional Quiet Skies Caucus. The Caucus has already petitioned the Federal Aviation Administration (FAA) and submitted a bill to Congress. But it’s going to take many more communities joining the battle to win this one.

Many people around the U.S.—on both sides of the airport noise problem—were watching to see what the Supreme Court would do. What the Court did was let the Second Circuit Court decision stand. That decision had invalidated the town’s restrictions on flights to and from the East Hampton Airport—which the town owns–after finding that the town did not have the right to impose the restrictions owing to a 1990 federal law that “limits the town’s authority to impose rules at the airport.”  NOTE: The FAA’s argument relied on federal preemption, and, in particular, the Town’s failure to comply with the procedural requirements of the federal Airport Noise and Capacity Act of 1990. The Second Circuit held that the Act applied even though the Town was had forgone federal funding for the airport.

Many locals were unhappy, with one telling the New York Times:

“The Supreme Court’s decision not to hear the case was ‘indicative of the fact that when it comes to our own airport, we don’t have local control,’ said Barry Raebeck…. ‘It strikes me as decidedly unjust, as un-American. This is what we’re all about, local control. We have federal agencies dictating. I consider the F.A.A. a lobbying group for airport operators. You don’t have any rights unless you’re in an airplane in their minds.’”

Is this the end of the matter? No. But getting a case to the Supreme Court is a long, time-consuming, and expensive process. We congratulate those who have been waging this battle so far and urge them: PLEASE TAKE THE NEXT STEP! We’re reminded of Theodore Roosevelt who said:

“…Credit belongs to the [people] who are actually in the arena…who err and come up short…who spend [themselves] for a worthy cause; who…know the triumph of high achievement, and who, if they fail, fail while daring greatly; [their] place shall never be with those cold and timid souls who knew neither victory nor defeat.”

We believe the key to winning the airport noise battle—indeed all battles about noise in America—is to challenge the FAA’s (and its parent, the U.S. Department of Transportation’s) long-held and politically convenient view that noise is “merely annoyance” with no appreciable effects on health or well-being. This is unfounded. In fact, the adverse health effects of noise are strongly supported by decades of authoritative evidence from medical and public health professionals. The use of the term “annoyance” is a shibboleth; that is, a term used to characterize the problem that is fundamentally wrong.

Noise control advocates now need to re-focus their efforts on the public health effects of noise—for which solid scientific evidence exists and continues to grow–and go back to court with new arguments until this battle is won.

David Sykes chairs/co-chairs four national professional groups in acoustical science: The Acoustics Research Council, ANSI S12 WG44, The Rothschild Foundation Task Force on Acoustics, and the FGI Acoustics Working Group. He is also a board member of the American Tinnitus Association, co-founder of the Laboratory for Advanced Research in Acoustics (LARA) at Rensselaer Polytechnic Institute, lead author of “Sound & Vibration 2.0 (2012, Springer-Verlag), and a contributor to “Technology for a Quieter America” (2011, National Academy of Engineering). A graduate of the University of California/Berkeley with graduate degrees from Cornell University, he is a frequent organizer of and speaker at professional conferences in the U.S., Europe, Asia, and the Middle East.

Tired of jets flying over your neighborhood? Here’s what FAA is (not) doing to help you

By David Sykes, Vice Chair, The Quiet Coalition

You may already know about the movement in Congress to address the problem of aircraft noise. A specific congressional caucus, The Congressional Quiet Skies Caucus, was formed to encourage the Federal Aviation Administration (FAA) to address the problem of aircraft noise around airports, specifically the problems caused by FAA’s “NextGen” program. “NextGen” is a bungled FAA program that has made the noise problem much worse for many communities across the USA–35 communities are already aligned with The Congressional Quiet Skies Caucus.

The noise problem applies to all airports, not just big-city transportation hubs. A recent Sun Sentinel article about NextGen problems in Ft. Lauderdale, Florida is a good piece to read about NextGen because it spells out what the FAA is—and isn’t—doing to “help” affected communities. Bottom line: If you squawk loud enough and long enough, they may agree to replace your windows and doors with “sound-insulating” ones—but how much money you might get depends on the assessed value of your house. But replacing doors and windows doesn’t stop the earth-shaking vibration from big jets, and it certainly doesn’t stop the noise outdoors in your backyard. As long as the FAA and its parent, the Department of Transportation, perpetuate the decades-old myth that noise is “merely annoyance” (i.e., has no appreciable effects on you other than to make you irritable), all you can do it take their money and suffer quietly. Only by changing the discourse and carefully spelling out that noise is a public health hazard will communities have the chance to turn this situation around.

The Quiet Coalition Chair, Daniel Fink, MD, asked me to add this note:

“Rest assured that if you are bothered by aircraft noise, you are not alone! ‘Noise as a Public Health Problem’ was the theme of the 12th Congress of the International Commission on the Biological Effects of Noise (ICBEN) which recently took place in Zurich. I presented two papers there and am now preparing a summary of what I learned. The European Union is well-aware of the adverse health effects of transportation noise (aircraft, rail, and road traffic noise) and is taking steps to minimize its effects. I also presented a paper on the adverse health effects of transportation noise at the Institute for Noise Control Engineering meeting on June 12 in Grand Rapids, Michigan.”

There’s another very hopeful perspective on this problem, although admittedly down the road a few years: the development of quiet (electric) aircraft. Lithium-ion battery-powered airplanes and helicopters have already been developed and flown in Germany and in the U.S. So take heart, quiet electric aircraft could very well be flying by 2027, the 100th anniversary of Charles Lindbergh’s historic transatlantic flight.

David Sykes chairs/co-chairs four national professional groups in acoustical science: The Acoustics Research Council, ANSI S12 WG44, The Rothschild Foundation Task Force on Acoustics, and the FGI Acoustics Working Group. He is also a board member of the American Tinnitus Association, co-founder of the Laboratory for Advanced Research in Acoustics (LARA) at Rensselaer Polytechnic Institute, lead author of “Sound & Vibration 2.0 (2012, Springer-Verlag), and a contributor to “Technology for a Quieter America” (2011, National Academy of Engineering). A graduate of the University of California/Berkeley with graduate degrees from Cornell University, he is a frequent organizer of and speaker at professional conferences in the U.S., Europe, Asia, and the Middle East.

Did you know that older aircraft could be retrofitted to reduce noise while landing?

airplane

Yes they can, and members of Massachusetts’ Congressional delegation are asking JetBlue to retrofit older aircraft with noise-reducing equipment to make their descent into Logan International Airport less disruptive.

The bigger problem is the “new navigation system deployed by the Federal Aviation Administration (FAA) that concentrates more planes into narrower flight paths.”  As a result, complaints have spiked at communities surrounding airports all across the country.  So while retrofitting may bring some relief to beleaguered Bostonians, ultimately the FAA’s NextGen program needs a major overhaul, and one that includes participation by citizens adversely impacted by the program.  Fortunately, things seem to be moving in that direction as “the FAA and the Massachusetts Port Authority — which operates Logan — said they were creating a task force to investigate flight patterns and noise problems.”

 

Top Democratic representative seeks study on effects of airplane cabin noise,

man-in-airplane-cabin

expresses concern about the long-term effects of airplane cabin noise on flight crews.  The Hill reports that Rep. Peter DeFazio (D-Ore.), top Democrat on the House Transportation and Infrastructure Committee, has written a letter to the Government Accountability Office raising concern “regarding permanent hearing loss and damage that airline personnel may suffer from by being exposed to loud noises for long periods of time.”  Representative DeFazio “expressed frustration over the lack of comprehensive data about cabin noise levels even though the Occupational Safety and Health Administration has established noise decibel limits.”  To encourage the Federal Aviation Administration (FAA) to act on his request, The Hill reports that DeFazio “hinted that the results of the study may influence the next long-term reauthorization of the FAA, as the agency’s current legal authority expires next September, and urged “prompt and expedited completion” of the requested report.”

We will follow this story as well as others focusing on citizen complaints about the FAA’s NextGen program.  It looks like some accountability may finally be in the offing.

 

Citizens fight back against report that minimizes complaints about jet noise

planeJet Noise Is No Joke For Residents Burned By Report About Airport Complaints.  WAMU, American University Radio, reports that “[h]omeowners along the Potomac River in D.C., Virginia, and Maryland are angrily responding to a report claiming that a ‘small, frustrated minority of citizens is affecting aviation policy’ by swamping the Metropolitan Washington Airports Authority with thousands of complaints about flights leaving Reagan National Airport in Arlington.”  The report stated that one resident was responsible for the lion’s share of the complaints, implying that jet noise was not a significant issue to other residents in affected areas.  WAMU found another story when they went out to those neighborhoods to speak to residents who deal with a constant barrage of jet engine noise:

To folks whose days and nights are filled with the sound of jet engines overhead, the Mercatus Center report failed to capture the extent of the problem. They say the proof that noise pollution impacts more than a “small, frustrated minority of citizens” is that MWAA formed a working group consisting of people from neighborhoods across the region, and the FAA currently is working with civic associations and neighborhood representatives to potentially alter flight paths to mitigate noise.

Long and short, the reason for the complaints is the FAA’s new NextGen program, “which uses satellite-based navigation to assign planes to direct routes to save fuel and time.”  The program was implemented throughout 2015 in the Washington metropolitan area, giving rise to a spike in complaints.  And it’s not just an issue in D.C.  NextGen has created problems throughout the country, spurring residents to ban together to fight back against plane noise exacerbated by NextGen.