City Council: Adopt this ordinance to set a uniform noise standard for all aircraft using BTV

Here is the purpose and the text of the proposed ordinance

Purpose of the ordinance

Beginning in the 1970s the FAA recognized the danger to health from aircraft noise. The FAA then established the first noise standards for aircraft. Over the last 50 years, since then, the FAA has gradually decreased the level of allowable aircraft noise. These aircraft noise standards have been enormously effective: Civilian aircraft are much quieter now. Back then 10 million Americans were subjected to noise levels the FAA considered to be dangerous. The number of Americans living in dangerous aircraft noise areas is more than 90% lower now.

One exception is the Burlington International Airport, where the number of Vermonters subjected to dangerous noise levels increased. This because the FAA does not regulate the noise of military aircraft.

However, the FAA recognizes the right of the local airport proprietor to set standards for aviation safety so long as they apply equally to all aircraft without discrimination.

For example, FAA grant assurances state:

22. Economic Nondiscrimination.

h. The sponsor [which is the city] may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.

i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport [which means any kind of airplane] if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.

This provision means the city has authority to set conditions for the safe operation of the airport so long as it applies to all airport users.

The FAA Grant Assurances also have a requirement for government aircraft.

27. Use by Government Aircraft

[The airport sponsor] will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge.

Inclusion of the phrase, “in common with other aircraft,” means the government already agrees to comply with standards that apply to other aircraft. No special exceptions for government aircraft.

Consistent with the FAA grant assurances, the agreement between the City of Burlington and the US Air Force provides that the Vermont Air National Guard “shall have the use, in common with other users of the Airport, present and prospective, of the Jointly Used Flying Facilities.” Like the runway.

“In common with other users of the Airport” again means the US Air Force has already agreed with the FAA that its use of the airport shall be consistent with what other users of the airport are allowed to do.

This means that neither the Air Force nor the Air National Guard nor the FAA will challenge the ordinance if adopted by the Burlington City Council. It means that the Air Force will, instead, readily provide equipment for the Vermont Air National Guard that complies with the ordinance.

Other users of the Airport are civilian. Other users of the Airport are already required to meet the noise standards established by the FAA.

As no other airport user will be affected by the ordinance below, it won’t be challenged by anyone. It won’t be challenged by any other airport user because they are not affected. It won’t be challenged by the Air Force or the Vermont Air National Guard because they’ve already agreed to use the airport facilities in common with other airport users.

The 2013 US Air Force Environmental Impact Statement (EIS) stated that the homes of 6,663 Vermonters would be subjected to an average noise level that exceeds FAA limits for safety. 1,300 of those Vermonters are children.

The 115-decibel noise of the F-35 is responsible for the out-of-compliance noise level hurting so many Vermonters. The US Air Force cited studies in Volume II of the EIS showing that repeated exposure to military aircraft noise at less than 115 decibels can cause hearing loss. The Air Force EIS also cited studies showing that high levels of aircraft noise impairs the cognitive development of children. The studies showed deficits in reading, attention, problem solving and memory for children who are repeatedly exposed to high aircraft noise. Also, a study showed that first and second graders exposed to high aircraft noise had impaired speech perception.

More recent studies than those cited by the US Air Force confirm the noise-induced hearing loss and impaired cognitive development. They also show that high aircraft noise drives up your blood pressure, it damages the walls of your arteries, and it increases your risk of dementia, heart attack, and depression.

The City of Burlington owns the Burlington International Airport.

Therefore the City of Burlington has authority to establish a non-discriminatory standard that applies to all aircraft using the Burlington International Airport to improve safety for the thousands of families whose homes are in the immediate vicinity of the runway and who are subjected to that 115 decibel F-35 noise.

The following ordinance requires all aircraft using BTV to meet the same noise standard established by the FAA for civilian aircraft. It establishes a non-discriminatory standard. Because what is happening now at the airport is a discriminatory situation. All civilian aircraft must meet the FAA noise standard but one aircraft does not have to bother with that standard and is way noisier: So in effect the people living in the area around the runway don’t get the benefit of the tremendous work the FAA has done to decrease the noise of civilian aircraft. This is discrimination.

Full text of the ordinance:

For the safe operation of the airport, all aircraft operating at Burlington International Airport shall meet the same noise standard established by the FAA for civilian aircraft.

F-35 Call to Action: Come out to the Burlington City Council Meeting on Monday, October 23. The council will be voting on a 25 year extension of the lease of 281 acres at BTV by the Vermont Air National Guard on top of their existing nearly 25 year term. That is a total of nearly 50 years, till 2073. Rally outside Burlington City Hall at 6:00 on Monday, October 23. Then go in to City Hall for Public Forum at 7:30. Demand no lease extension. Halt F-35 training from BTV and in any populated area!

Write or call your public servants and demand an immediate halt to F-35 training in cities.

Governor Phil Scott 802-828-3333 Chief of Staff <Jason.Gibbs@vermont.gov>

Submit your report & complaint to the online F-35 Report & Complaint Form: https://tinyurl.com/5d89ckj9

See all the graphs and in-your-own words statements on the F-35 Spring-Summer 2021 Report & Complaint Form (513 responses): https://tinyurl.com/3svacfvx.

See links to the graphs and in-your-own words statements on all four versions of the F-35 Report & Complaint Form since Spring 2020, with a total of 1670 responses from 658 different people plus 77 more so far on the form that remains active now.

Senator Bernie Sanders 800-339-9834 <Senator@sanders.senate.gov>

Senator Peter Welch 888-605-7270 Chief of Staff <patrick.satalin@mail.house.gov>

Rep. Becca Balint <RepBeccaBalint@mail.house.gov>

Burlington City Council <citycouncil@burlingtonvt.gov>

Burlington Mayor Miro Weinberger <mayor@burlingtonvt.gov>

Winooski Mayor Kristine Lott <klott@winooskivt.org>

S. Burlington City Council Chair Helen Riehle <hriehle@sburl.com>

Williston Selectboard Chair Terry Macaig <macaig@msn.com>

VT Senate President Philip Baruth <Philip.Baruth@uvm.edu>

VT House Speaker Jill Krowinski <jkrowinski@leg.state.vt.us>

Attorney General Charity Clark <Charity.Clark@vermont.gov>

States Attorney Sarah George <Sarah.fair.george@gmail.com>

Vermont’s Federal Prosecutor <usavt.contactus1@usdoj.gov>

Adjutant General Brig Gen Gregory C Knight <gregory.c.knight.mil@mail.mil>

Major J Scott Detweiler <john.s.detweiler.mil@mail.mil>

Wing Commander Col Dan Finnegan <daniel.finnegan@mail.mil>

Vermont National Guard Inspector General Lt. Col. Edward J Soychak <edward.soychak@us.af.mil>

US Air Force Inspector General Lt. Col. Pamela D. Koppelmann <pamela.d.koppelmann.mil@mail.mil>

Air Force Secretary Frank Kendall <Frank.Kendall@us.af.mil>