U.S. Department of Transportation
Federal Aviation Administration
Date: September 17, 2004 AC No: 91-36D Subject: VISUAL FLIGHT RULES (VFR) FLIGHT
NEAR NOISE-SENSITIVE AREAS Initiated by: ATO-R
ADVISORY
CIRCULAR
1. PURPOSE. This Advisory Circular (AC) encourages pilots making VFR flights near noisesensitive areas to fly at altitudes higher than the minimum permitted by regulation and on flight paths that will reduce aircraft noise in such areas.
2. EFFECTIVE DATE. This advisory circular is effective on September 17, 2004.
3. CANCELLATION. Advisory Circular 91-36C, Visual Flight Rules (VFR) Flight Near Noise Sensitive Areas, dated October 19, 1984, is cancelled.
4. A UTHORITY. The FAA has aut hority to formulate policy regarding use of the navigable airspace (Title 49 United States Code, Section 40103).
5. E XPLANATION O F C HANGES. This AC has been updated to i nclude a d efinition of “n oisesensitive” area an d add referen ces to Public Law 1 00-91; th e FAA No ise Po licy for Man agement o f Airspace Over Federally Manage d Lands, dated November 1996; a nd t he National Parks Air Tour Management Act of 2000, with other minor wording changes.
6. BACKGROUND.
a. E xcessive aircraft noise can res ult in annoya nce, inco nvenience, o r in terference with th e uses an d enjoyment of property, and can adversely affect wild life. It is p articularly undesirable in areas whe re it interferes with normal activities associated with the area’s use, i ncluding residential, educational, health, and rel igious st ructures a nd si tes, a nd par ks, re creational areas (including areas with wilderness characteristics), wild life refug es, an d cu ltural and historical sites wh ere a quiet settin g is a generally recognized feature or attribut e. Moreover, the FAA rec ognizes that th ere are locations in National Parks and other federally managed areas th at h ave unique noise-sensitive v alues. Th e No ise Po licy fo r Management of Airspace Over Federally Managed Areas, issued November 8, 1996, states that it i s the policy of the FAA i n its management of the navigable airspace over these locations to exercise leadership in ach ieving an app ropriate b alance between efficien cy, tech nological p racticability, an d env ironmental concerns, while maintaining the highest level of safety.
b. The Federal Aviation Administration (FAA) receives complaints concerning low flying aircraft over noise sensitive areas su ch as National Parks, National Wildlife Refuges, Waterfowl Production Areas an d Wilderness Areas. C ongress addressed aircraft flights over Grand Canyon National Park in Public Law 100-91 and commercial air tour operations over other units of t he National Park Sy stem (and t ribal lands within or abutting such units) in the National Parks Air Tour Management Act of 2000.
c. In creased em phasis on i mproving th e qu ality o f th e env ironment requ ires a continuing effo rt to provide relief and protection from low flying aircraft noise.
d. Potential noise impacts to noise-sensitive areas from low altitude aircraft flights can also be addressed
through app lication of th e voluntary practices set fo rth in th is AC. Adherence to these p ractices is a practical indication of pilot concern for the environment, which will build support for aviation and alleviate the need for any additional statutory or regulatory actions.
7. DEFINITION. For the purposes of this AC, an area is “noise-sensitive” if noise interferes with normal activities associated with the area’s use. Examples of noise-sensitive areas include residential, educational, health, and religious stru ctures and sites, an d p arks, recreational areas (includi ng areas with wild erness characteristics), wild life refug es, an d cu ltural and historical sites wh ere a quiet settin g is a generally recognized feature or attribute.
8. VOLUNTARY PRACTICES.
a. Avoidance of noise-sensitive areas, if practical, is preferable to overflight at relatively low altitudes.
b. Pilots operating noise producing aircraft (fixed-wing, rotary-wing and hot air balloons) over noisesensitive areas should make every effort to fly not less than 2,000 feet above ground level (AGL), weather permitting. For th e purpose of this AC, the ground level of noise-sensitive areas is d efined to include the highest terrain within 2,000 feet AGL l aterally of t he route of flight, or the uppermost rim of a cany on or valley. The i ntent of the 2,000 feet AGL recommendation is to reduce potential interference with wildlife and complaints of noise disturbances caused by low flying aircraft over noise-sensitive areas.
c. Departure from or arrival to an ai rport, climb after take-off, and descent for landing should be made so as to avoid prolonged flight at low altitudes near noise-sensitive areas.
d. This advisory does not apply where it would conflict with Federal Aviation Regulations, air traffic control clearances or instructions, or where an altitude of less than 2,000 feet AGL is considered necessary by a pilot to operate safely.
9. COOPERATIVE ACTIONS. Aircraft operators, aviation associations, airport managers, and others are as ked to a ssist in volunt ary compliance with t his AC b y pub licizing it and distributing info rmation regarding known noise-sensitive areas.
Signed ________________________________ Sabra W. Kaulia Director of System Operations & Safety