Kaplan Kirsch & Rockwell periodically publishes the Airport Law Alert which describes and analyzes recent legal developments related to airports and aviation. The Alert supplements the summaries presented on this Airport News page. Click here to view and download the most recent copy and previous copies of the Alert.
FAA Solicits Comments for Net Noise Reduction MethodOn August 19, 2014, FAA published a Notice and Request for Public Comment regarding Section 213(c)(2) of the FAA Modernization and Reform Act of 2012, which directs FAA to file a Categorical Exclusion (CATEX) for any Performance Based Navigation (PBN) procedure that would result in measurable reductions in fuel consumption, carbon dioxide emissions, and noise on a per flight basis. FAA is now proposing the New Noise Reduction Method for determining whether a proposed PBN reduces noise. Specifically, where the number of people who experience a noise reduction exceeds the number of people experiencing a noise increase, the proposed PBN reduces noise, and the application of the CATEX is reasonable. FAA is now asking for public comment regarding the Net Noise Reduction Method and several suggested variations that also incorporate consideration of the magnitude of the noise level change. See 79 Fed. Reg. 49, 141 (Aug. 19, 2014).
New FAA Procedures for Enforcement OrdersOn August 12, 2014, the FAA announced an amendment to the procedures for issuing enforcement orders under 14 C.F.R. Part 13, including cease and desist orders, to provide an opportunity for an informal conference with an FAA attorney that may resolve, or narrow, the issues under investigation. The amendment will go into effect on October 14, 2014, and the FAA has requested comments by September 11, 2014. Specifically, the FAA proposes to amend 14 C.F.R. 13.20, which authorizes the FAA to issue orders of compliance and cease and desist orders for violations of a number of statutes, including the FAA Act, the Airport and Airway Development Act of 1970, and the Airport and Airway Improvement Act of 1982. Section 13.20 does not apply to alleged violations of grant assurances, which are addressed in 14 C.F.R. Part 16, or to orders regarding certificate action or civil penalties, which are covered in other sections of Part 13. A copy of the Federal Register notice announcing the new rule is available here.