What are the rules regarding how low an aircraft can fly over a residential area? 

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Aircraft altitude is established by Federal law. Title 14, Code of Federal Regulations Section 91.119 which governs flight states: 

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"Except when necessary for takeoff of landing, no person may operate an aircraft below the following altitude: Over any congested area of a city, town or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft." It is important to be aware of two aspects of this regulation. First, most aircraft operating in the vicinity of EVB are in the process of landing or taking off, thus this regulation does not apply. Second, helicopters are specifically exempted from this Federal regulation. 

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Who controls aircraft flight paths?

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The Federal Aviation Administration (FAA) and the pilot-in-command of each aircraft have sole jurisdiction and responsibility for flight paths. Accordingly, only the FAA has enforcement capability over these issues. The City of New Smyrna Beach, as the proprietor of the Airport, has no authority or control over aircraft in flight.

Do pilots, airlines or FAA Air Traffic Control need my permission to fly over my house?

No. Per United States Code 49 USC 40103:

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• The United States Government has exclusive sovereignty of airspace of the United States.

• The flying public have a right of transit through the navigable airspace.

 

What time does EVB close?

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The New Smyrna Beach Airport is a public airport, and therefore is required to be open for operations 24 hours a day for use by the flying public. The Air Traffic Control Tower (ATCT) closes at 10 P.M., but aircraft may still operate after that time.

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What is a Noise Abatement Procedure? Why do aircraft fly a different path than what is shown on the Noise Abatement Diagram?

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A noise abatement procedure is a recommended flight path aircraft follow to minimize noise over a populated area. Because this is a recommended procedure, pilots may decline to follow it due to safety concerns or other operating considerations. For some noise abatement procedures, a pilot must be able to see specific visual cues. If the visual cues are not visible, the pilot will not be able to safely follow the noise abatement procedure. Other procedures rely on navigational equipment capabilities.  In summary, there are many factors including wind, weather, other aircraft traffic, air traffic control instructions, navigation, visual cues, and other environmental factors that might affect the flight path that an aircraft takes. The pilot-in-command and/or the FAA is the final authority on where the aircraft flies.   

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Why are your Noise Abatement Procedures voluntary and not mandatory like other airports?

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Federal requirements for involuntary noise mitigation programs passed by Congress in 1990 (The Airport Noise and Capacity Act) have made it very difficult for airports to impose mandatory restrictions. Airports with mandatory restrictions imposed those programs before the law went into effect.

Under current standards, in order for our noise abatement program to be a formal program, the Airport would have to demonstrate to the FAA that the voluntary program was not adequate to mitigate noise impacts in surrounding areas and therefore justify an access restriction.  It is also important to note that it is FAA policy that airport-use restrictions should be considered only as a measure of last resort when other mitigation measures are inadequate to satisfactorily address a noise problem and a restriction is the only remaining option that could provide noise relief. An update to the Airport’s noise contours several years ago did not show noise exposure, based on the FAA’s metrics.  Airports with far more traffic and noisier aircraft have not been approved for mandatory measures.  It is highly unlikely that the FAA would approve any mandatory measures at EVB.

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Why even have Noise Abatement Procedures if they aren’t mandatory?

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In our experience, the vast majority of pilots want to be a “good neighbor” to our community and most will do their best to abide by the procedures. The Airport office regularly communicates with airport users and works to educate pilots on our noise abatement procedures. 

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What is the Airport Noise and Capacity Act (ANCA) of 1990?

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ANCA is a federal law enacted by Congress in 1990 to establish a national aviation noise policy. The purpose of this law is to constrain, at the federal level, the ability of local airport operators to restrict the use of their airports due to noise concerns. Operational restrictions like those established in the 1985 Settlement Agreement and enforced through the Access Plan and GANO are permitted only when an airport proprietor meets six specific and extremely difficult statutory criteria and receives approval from the Secretary of Transportation. Since the implementation of ANCA, no airport has successfully completed this review and approval process. 

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Can the airport place new restrictions or limitations on takeoffs or landings? Restrictions on the size of aircraft that can operate out of the airport? Other kinds of restrictions?

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• See the above Q&A on ANCA. Because of this federal law, there are severe limitations on the ability of airports to regulate noise. Under ANCA, any newly proposed airport operational restrictions or limitations require extensive analysis and Federal Aviation Administration (FAA) approval before they can be implemented. Additionally, federal grant assurances require that the airport be available for public use on reasonable terms and without unjust discrimination, which new restrictions could impede upon.

• An airport restriction also must not create an undue burden on interstate commerce. The FAA will make the determination on whether it is an undue burden. While airport restrictions may have little impact at one airport, they may have a great deal of impact at other airports by adversely affecting airport capacity or excluding certain users from the airport. The magnitude of both impacts must be clearly presented. Any regulatory action that causes an unreasonable interference with interstate or foreign commerce could be an undue burden.

• Areas within the 65, 70, and 75 CNEL/DNL noise contours (see Q&A on Noise Contours) are what the FAA considers to be the most impacted by aircraft-generated noise. Currently, no residences exist within the 65 CNEL/DNL noise contour generated by aircraft at the New Smyrna Beach Airport. 

• It is FAA policy that airport-use restrictions should be considered only as a measure of last resort when other mitigation measures are inadequate to satisfactorily address a noise problem and a restriction is the only remaining option that could provide noise relief.

 

What are Noise Contours?

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Noise contours are a series of lines superimposed on a map of the airport’s environs. These lines represent various CNEL/DNL levels (typically 65, 70, and 75 dBA). CNEL noise contours are used for several reasons:

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• Noise contours highlight existing or potential areas of significant aircraft noise exposure (as identified by the FAA).

• Noise contours are used to assess the relative aircraft noise exposure levels of different runway and or flight corridor alternatives.

• Noise contours provide guidance to political jurisdictions in the development of land use control measures. These measures include zoning ordinances, subdivision regulations, building codes and airport overlay zones.

• It is the areas within the 65, 70, and 75 CNEL noise contours that the FAA considers to be the most impacted by aircraft generated noise. Beyond the 65 CNEL noise contour, noise is most noticeable in areas below established flight corridors. Currently, no residences exist within the 65 CNEL/DNL noise contour generated by aircraft at the New Smyrna Beach Airport.

 

What can I do to communicate my noise concerns and get involved with efforts to reduce aircraft noise?

 

• First, we recommend reading through this FAQ and other noise information posted to this website. Hopefully most of your questions will be answered.

• Submit a noise complaint to the EVB Airport Team. The Airport office accepts all noise complaints regardless of subject matter, but the Airport cannot act upon complaints related to flight paths or FAA procedures.

• For concerns regarding flight paths, procedures, etc. submit a complaint through the FAA's noise portal: https://noise.faa.gov

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If I am going to erect a crane, do I need approval from the airport?

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​Code of Federal Regulations Title 14, Chapter I, Subchapter E, Part 77.9 states:

If requested by the FAA, or if you propose any of the following types of construction or alteration, you must file notice with the FAA of:

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(a) Any construction or alteration that is more than 200 ft. AGL at its site.

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(b) Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes:

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(1) 100 to 1 for a horizontal distance of 20,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway more than 3,200 ft. in actual length, excluding heliports.

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(2) 50 to 1 for a horizontal distance of 10,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway no more than 3,200 ft. in actual length, excluding heliports.

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(3) 25 to 1 for a horizontal distance of 5,000 ft. from the nearest point of the nearest landing and takeoff area of each heliport described in paragraph (d) of this section.

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(c) Any highway, railroad, or other traverse way for mobile objects, of a height which, if adjusted upward 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road, 23 feet for a railroad, and for a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of paragraph (a) or (b) of this section.

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(d) Any construction or alteration on any of the following airports and heliports:

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(1) A public use airport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. Government Flight Information Publications;

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(2) A military airport under construction, or an airport under construction that will be available for public use;

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(3) An airport operated by a Federal agency or the DOD.

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(4) An airport or heliport with at least one FAA-approved instrument approach procedure.

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(e) You do not need to file notice for construction or alteration of:

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(1) Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in the congested area of a city, town, or settlement where the shielded structure will not adversely affect safety in air navigation;

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(2) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device meeting FAA-approved siting criteria or an appropriate military service siting criteria on military airports, the location and height of which are fixed by its functional purpose;

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(3) Any construction or alteration for which notice is required by any other FAA regulation.

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(4) Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure.

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TO FILE WITH THE FAA PLEASE CLICK THE LINK BELOW

Obstruction Evaluation / Airport Airspace Analysis (OE/AAA) (faa.gov)