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[ai-RCHIVE] Four Versions of FAA Advisory Circular 91-36

Here’s an example of abusive pilots, that also shows how FAA is a captured federal regulator actually enabling this type of abuse.

Fort Devens is a historic U.S. Army facility in the towns of Ayer and Shirley, roughly 25-miles west of Boston. Years ago, the Moore Army Air Field was closed. According to Wikipedia, part of the land then became a hospital facility, aimed primarily at serving specialized and mental health needs for prisoners.

Back in the early 1970’s, coincident with ‘Earth Day’ and the wave of citizen empowerment toward improving and protecting the environment, FAA was nudged into creating an ‘Advisory Circular’ about small airplane noise. The advisory circulars are not binding or regulatory, but they do spell out what FAA asks the pilot community to do, toward achieving certain objectives. This is how FAA treats pilots: ‘pardon me, would you please try this?’, like royalty. If pilots do not conform to the ‘advice’ contained within an advisory circular, eventually FAA can become compelled to issue actual regulations. Now, if FAA also chose to enforce those regulations, we might achieve a nice balance, between the right of the pilot community to use their aircraft, and the rights of the non-pilot community (aka, all of us residents) to enjoy our homes and yards without excessive noise and aviation air pollution.

Roughly a decade ago, residents around Ayer prevailed in a nuisance lawsuit filed against a group of pilots. Ever since, there has been an extraordinary concentration of low-level small-plane flight activity over the homes of the residents who won that legal action. When these residents complain to FAA, to MassPort (the airport authority), or anyone, they get nothing but deadends.

Check out this disturbing example, posted on Facebook.

Now, about that ‘Advisory Circular’. In the 46-years since it was first posted in 1972, it has been updated three times. The updates are generally unsubstantial, as you can see for yourself. Here are links to archived copies of all four versions of FAA’s Advisory Circular 91-36, ‘VFR Flight Near Noise-Sensitive Areas’. Each version is 2-pages, with minor changes as the Advisory Circular evolved. Version ‘91-36B‘ was signed off in 1982, version ‘91-36C‘ appeared in 1984, and version ‘91-36D‘ (the current version) was signed off in 2004.

Frankly, these four versions of Advisory Circular 91-36 show FAA’s ‘milquetoaste approach’ to NOT managing aviation impacts. FAA has made it clear to rogue operators like this one near Boston: they may bully with impunity, knowing FAA will not impair this perceived ‘right’. The impacts that FAA recognized in 1972 have persisted because FAA refuses to serve and fails to evolve. And so, across the nation, for two generations now, residents have complained and been ignored by an agency that serves only the industry it is supposed to be regulating.

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