Just what IS a Part 150 Study?
And other frequently asked questions about the Part 150 process
Who, what, where, when, etc. Federal Aviation Regulations (FAR) Part 150 is the federal legislation that provides a mechanism through which the public may examine and review the noise and environmental impacts in their community by its air traffic. Simply, it is the means through which citizens may petition their government for redress of their grievances about those impacts. Part 150 provides for the preparation of two types of information: Noise Exposure Maps, which describe current noise conditions and project future conditions; and a Noise Compatibility Program, which provides guidelines for the abatement of current noise levels, and for mitigation of incompatible land uses.
Will it stop the planes from flying over my house? Generally, a Part 150, at best, can only hope to produce approval of suggested noise abatement measures; it typically will not require them, nor give a local airport the authority to require them. Only rarely does a Part 150 process yield compulsory compliance with the noise abatement measures established. Another process, known as a Part 161 study, is required to implement mandatory mitigation measures beyond the scope of Part 150. Both are painstaking, time-consuming, expensive processes that must be undertaken with great care, transparency, attention to detail and participation from the public.
Why does this sound vaguely familiar to me? If you've lived in Naples long, you may have heard about -or even participated in - our previous Part 150 process. It was the start of an epic battle for local community rights waged by the Naples Airport Authority on behalf of the citizens of Naples. Through that Part 150 process, the NAA in February 1998 revised its Noise Compatibility Program (Program) for the purpose of banning noisy, old Stage 1 aircraft from the Naples Municipal Airport. But that was just the beginning. The NAA then submitted a Part 161 Study aimed at banning Stage 2 jet aircraft, at that time, a very controversial proposal inside aviation circles, but from the local citizens' perspective, an absolute no-brainer, as Stage 2 jets were by far the most offensive. It was groundbreaking work that had never before been attempted, so exacting and onerous are the FAA's Part 161 Study requirements. Indeed, the FAA rejected the NAA's original Part 161 submittal, but finally, by court order, the Stage 2 ban went into effect on January 1, 2001. Yet even then, enforcement was delayed more than a year while the Authority completed even more work on a Supplemental Analysis to overcome theFAA's objections. The Part 161 study withstood many court challenges by multiple aviation interests, including the final challenge by the FAA at the U. S. Court of Appeals, where the Authority once again prevailed, becoming the first - and to date, the only - airport to successfully complete the Part 161 process. All told, the cost of these noise abatement battles exceeded $3 million in legal fees alone.
Why would we want to go through all that again? This is the process available for the purpose of establishing noise mitigation measures that will be legal, if not necessarily binding. That said, we're always open to any other suggestions someone might come up with! We do have an obligation to other local governments to keep our noise exposure maps updated every few years for use in governmental master-planning processes, as well.
What will the 150 Study entail? Roughly, these are the steps of a standard Part 150 process:
- Establish and conduct public involvement process, including formation of a TAC;
- Collect data and create noise exposure maps;
- - the existing and future aircraft noise pattern will be described
- - the number of residents and noise sensitive public uses will be identified for each pattern
- Develop list of measures for noise abatement and noise mitigation;
- Evaluate noise abatement and noise mitigation measures; and
- Develop recommendations for revising the comprehensive Noise Compatibility Program to protect the utility of the airport for future years and to reduce its potential to adversely effect the quality of life of Naples residents
The FAA's requirements for Part 150 compliance are quite rigid for those applying for federal funding for their Part 150 efforts. Since the NAA would not be considered for funding, we have somewhat more latitude to determine the parameters of our effort. That's part of what the Technical Advisory Committee will have a role in, working together with the staff and the selected consultant.
What is a Technical Advisory Committee? The term is a bit of a misnomer, because you don't have to know anything technical about noise or aviation. In fact, simply caring about the situation in Naples is the most important qualification for participation. Members will be asked to commit to being present at a minimum of five meetings throughout the process, to carefully consider the data collected during the study, and to participate democratically in the process regarding content and direction of the study, in particular assisting in: 1) selection of a consultant, 2) establishment of a scope of work, and 3) ongoing oversight of the process.
| Noise Compatibility Committee Members |
Community Members |
| William Confoy |
Tom Laughlin |
| Bill Goddard |
Allen Nelson |
| Bob Tweedie |
Alan Parker |
| |
Robert Piascik |
| |
Cam Zarroli |
| |
|
| |
|
| |
|
NAA Part 150 Project Manager - Erv Dehn, Director of Airport Development Phone # (239) 643-1827
|