AC 91-36D - VFR Flight Near Noise-Sensitive Areas

U.S. Department

of Transportation

Federal Aviation

Administration

Date: September 17 , 2004 AC No : 91-36D Subject: VIS UAL FLIGHT RULES (VFR) FLIGHT

NE AR NOISE-SENSITIVE AREAS

Initiated by: ATO-R

ADVISORY

CIRCULA R

1. PURPOSE. This Advisory Circu lar (AC) enc ourages pilots making V FR flights near noise-

sensit ive are as to fly at altitudes h igher than the minimum perm itted b y regul ation and on flight paths

that will reduc e aircraf t nois e in suc h areas.

2. EFFECTIVE DATE. This advisory circular is ef fective on September 17, 2004.

3. CANCELLATION. Advisory Circu lar 91-36C, Visu al Flig ht Rules (VFR) Fligh t Near No ise Sen sitive

Areas , dated October 19, 1984, is cancel led.

4. AUTHORITY. The F AA has aut hority to form ulate pol icy regar ding use o f the navi gable airspace

(Title 4 9 United States C ode, Sectio n 40103).

5. EXPLANATION OF CHANGES. This AC has been updated to include a d efinition of “n oise-

sensitive” area an d add referen ces to Public Law 1 00-91 ; the FAA No ise Po licy for Man agement of

Airspace Over Federally Manage d Lands, dated Nove mber 1996; a nd the National Parks Air Tour

Managem ent Act of 2000, with other minor wording changes.

6. BACK GROUND .

a. Excessi ve aircraft noise can res ult in annoya nce, inco nvenience, or interferen ce with the uses an d

enjoym ent of property, and can advers ely affect wild life. It is p articularly undesira ble in areas whe re it

interferes with n ormal activ ities asso ciated with the area’s use, i ncluding reside ntial, educational , heal th,

and religious structures and sites, and par ks, recreational areas (including areas with wildern ess

characteristics), wild life refug es, an d cultural and historical sites wh ere a quiet settin g is a generally

recognized fea ture or attribut e. Moreove r, the FAA rec ognizes that th ere are locations in National Parks

and other federally managed areas th at have unique noise-sen sitive values. Th e No ise Po licy fo r

Managem ent of Airspace Over Fe derally Manage d Area s, issued Nove mber 8, 1996, states that it i s the

policy of the FAA i n its m anagement of the navi gable airspace ove r thes e locations to exercise lea dership

in achieving an appropriate b alance between efficien cy, tech nological p racticab ility, an d environmental

concerns, while m aintaining the highest lev el of safety.

b. The Fe deral Aviation Adm inistration (FAA) r eceives com plaints concerning low flying aircraft over

noise sen sitive areas su ch as Natio nal Park s, Nation al Wildlife Refu ges, Waterfowl Prod uction Areas an d

Wilderness Areas. C ongress addressed aircraft flights over Gra nd Canyon National Park in Public Law

100-91 and commercial air tou r operations over other uni ts of the Nat ional Park Sy stem (and t ribal lands

within or abutting such units) in the Nation al Parks Air Tour Management Act of 20 00.

c. In creased emphasis on improving the qu ality o f the env ironment requ ires a continuing effo rt to

provide relief and protection from low flying aircra ft noise.

d. Po tential n oise im pacts t o noise-sen sitive areas from low altitu de aircraft f lights can also be addressed

through app licatio n of th e voluntary practices set fo rth in this AC. Adherence to these p ractices is a

practical in dicatio n of pilot concern for the environment, wh ich will bu ild supp ort fo r aviation and alleviate

the need for any ad ditional statu tory or regu latory action s.

7. DEFI NITI ON. For the purposes of this AC, an area is “noise-sen sitive” if no ise in terferes wit h normal

activ ities asso ciated with the area’s use. Exa mples of noise-sensitiv e areas in clude residential, edu cational,

health , and religious stru ctures and sites, an d parks, recreational areas (includi ng areas with wild erness

characteristics), wild life refug es, an d cultural and historical sites wh ere a quiet settin g is a generally

recognized feature or attribute .

8. VOLUNTARY PRACT ICES.

a. Avoidance of noise-sensitiv e areas, if practical, is preferab le to overflight at relativ ely lo w altitud es.

b. Pilo ts oper ating noise pr oducing aircraft (fixed-wing, rotary-wing and hot air balloons) over noise-

sensitive areas should make every effort to fly n ot less than 2,000 feet abo ve ground level (AGL), weath er

permitting. For th e purpose o f this AC, the ground level of noise-sensitiv e areas is d efined to include th e

highest terrain within 2,000 feet AGL l aterally of the route of flight, or the uppermost rim of a cany on or

valley. The i ntent of the 2,000 feet AGL recom mendation is to redu ce potential in terferen ce with wildlife

and complaints of noise disturb ances cau sed by low flyin g aircraft ov er no ise-sen sitive areas.

c. De parture from or ar rival to an ai rport, climb after take-off, and descent for landing should be m ade

so as to avoid prolonged fligh t at low altitud es near no ise-sen sitive areas.

d. Th is adviso ry does not apply where it would conflict with Federal Av iation Regu lations, air traffic

control clearances or in structions, or where an altitu de of less th an 2,000 feet AG L is con sidered n ecessary

by a pilot to operate safely.

9. COOPERATIVE ACTIONS. Aircraft operat ors, aviation associ ations, airport manage rs, and others

are as ked to a ssist in volunt ary compliance with this AC b y pub licizin g it and distributing info rmatio n

regarding know n noise-sensitive areas.

Signed

________________________________

Sabra W. Kau lia

Director of Sys tem Operations & Sa fety

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