美國機場噪音管理法規之探討：聯邦飛航規則第36 , 91 , 150及161號之相關部分 FAR Parts 36 , 91, 150 and 161

Abstract

The primary purpose of this study is to investigate the U.S. airport noise abatement and mitigation measures from the legislative perspective, especially focused on Federal Aviation Administration ( FAA ) setting forth Federal Aviation Regulations ( FAR ) and related Acts passed by the Congress.The FAA has responsibility for regulating airport noises according to the amendment of the Federal Aviation Act of 1958, in 1968. The amendment charges the FAA adopted the FAR Part 36 , which sets aircraft noise standards to meet the aircraft types and airworthiness certificates for operation in the united States. In 1977, the Part 36 were amended, defining three "stage" levels to categorize civil subsonic turbojets noise emissions. However, the federal government has not taken on the task of directly regulating the noise level to a given airport, which is considered the province of the airport operator. In addition, the reduction of airport noise at the source, by using quieter aircraft, is supplemented by an ambitious program to encourage compatible land uses in areas around airports. The Aviation Safety and Noise Abatement Act, passed by Congress in 1979, was intended to "provide assistance to airport operators to prepare and carry out noise compatibility programs." It authorizes the FAA to help airport operators to develop noise abatement programs by identifying airport noise and land-use incompatibility and make them eligible for grants under the Airport and Airway Improvement Act of 1982. The FAA promulgated these regulations such as FAR Part 150 in 1985, which establishes the system for measuring aviation noise in the community and provides information about the land uses that are normally compatible with various levels of noise exposure. In 1990, the Congress enacted the Airport Noise and Capacity Act of 1990 , which called for the FAA to develop a national aviation noise policy and regulations to implement the policy. This was accomplished, in part, by amending FAR Part 91 to require the phased elimination of stage 2 operations in civil subsonic turbojets over 75,000 pounds by the end of 1999 with limited waivers through 2003. The second major element of the national aviation noise policy enacted through ANCA 1990 is FAR part 161 , which establishes requirements that an airport operator may impose restrictions on stage 2 aircraft operations as long as the airport operator meets preparing a cost-benefit analysis of the proposed restriction and providing proper notice of the restriction to the public and to affected parties. And FAR Part 161 imposes substantial impediments to local restrictions on stage 3 aircraft. No local stage 3 restriction may become effective unless it has been submitted to and approved by FAA. The study compares the differences between U.S. and Taiwan in the legislation framework and management measures. We find that Taiwan needs to establish an airport adjacency noise abatement policy to regulate airport noise issues completely. In addition, our country imposes airlines landing fee(2) to subsidize airport adjacency area installing sound reinforcement systems. On the contrary, the U.S. government encourages airport operators submitting airport noise compatibility programs and offers federal funding for developing and carrying out those programs. Finally , our country has not set noise standards to the helicopter that had operated in Taiwan as yet ,therefore , we suggest that the related authorities should enact the noise limits to the helicopter in the future.