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First Regulation implementing the Law for the Protection of Aircraft Noise

Original Language Title: Erste Verordnung zur Durchführung des Gesetzes zum Schutz gegen Fluglärm

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First Regulation implementing the law on the protection of aircraft noise (Regulation on data collection and the calculation method for the establishment of noise protection areas-1. Flight LSV)

Unofficial table of contents

1. LSV

Date of issue: 27.12.2008

Full quote:

" Regulation on the collection of data and the calculation method for the establishment of noise protection areas of 27 December 2008 (BGBl. I p. 2980) "

Footnote

(+ + + Text evidence from: 30.12.2008 + + +) 

Unofficial table of contents

Input formula

Pursuant to Section 3 (2) of the Law on the Protection of Aircraft Noise, as amended by the 31. October 2007 (BGBl. I p. 2550), the Federal Government, after consulting the interested parties, is responsible for: Unofficial table of contents

§ 1 Scope

This Regulation shall apply to the establishment of noise protection areas in accordance with the law on the protection of aircraft noise. It regulates the requirements for the data collection on the foreseeable flight operation required for the determination of the noise pollution, as well as the calculation method for the determination of the noise pollution. Unofficial table of contents

§ 2 Data collection on flight operations

(1) The keeper of a aerodrome and the air traffic control officer shall, on request, give the competent authority the information necessary for the determination of the noise pollution in accordance with Article 3 of the law on the protection of aircraft noise. foreseeable flight operations, and shall provide relevant data, documents and plans. The data on flight operations shall record the flight movements originating from the aerodrome (take-offs and departures) and that lead to the aerodrome (approach and landings) within the coverage referred to in point 2.1.1.1 of the Data Collection Guide on the flight operations (AzD) of 19 November 2008 (BAnz. No 195a of 23 December 2008), the runway flights at the aerodrome, the overflights of a low-altitude runway without ground contact, the rolling movements of the aircraft before the start and after landing, and the operation of Aircraft auxiliary gas turbines. (2) Data on flight operations describe the flight movements in a forecast year, which is usually ten years after the request referred to in paragraph 1. The forecast year shall be determined by the competent authority. The forecast refers to the six busiest months (180 days) of the forecasting year. The months must not form a coherent period of the forecast year. With regard to the time of assessment day and night, the date of departure shall be the date of departure and the date of the landing shall be decisive. Runway flights are attributed to the night time, provided that either take-off or landing takes place during this assessment period. (3) The data on the flight operation of an existing airport record the dispersion of the individual uses of the individual airfield. Operating directions, in that, for each runway, the uses in the previous ten calendar years are specified separately for the periods of day and night, and separately for start and landing. Where data on the benefits are available only for shorter periods of time, or where the benefit parts have special features, the competent authority may specify a shorter period or a different period of collection. Such a collection period should not be specified if there is no possibility of excluding any recurrals of the particularities that have occurred during these years over the whole forecast period. In the absence of sufficient statistical data on the uses for a aerodrome, the uses shall be based on data on the local wind direction distribution or on the basis of the useable shares of comparable aerodros be estimated. Sentence 4 shall apply mutas to the installation of an airfield or the construction of a new runway. (4) The data on the flight operation shall be presented with a data acquisition system according to the instructions for data collection on flight operations (AzD) in the version referred to in the second sentence of paragraph 1. Documents shall also be provided which describe the main technical assumptions underlying the forecast of the type and extent of the foreseeable flight operations. Future changes in the facility or in the operation of the airfield as well as in the flight procedures are to be explained in the forecast. The documents also contain information on the aerodrome, in particular with flight location data and plans. (5) The data on the type and extent of the foreseeable flight operation are provided by
1.
the holder of the aerodrome, in particular with regard to the number of flights, and
2.
the air traffic control officer, in particular, to the flight procedures and flight routes.
The holder of the aerodrome and the persons authorised by the air traffic control officer shall, in accordance with the provisions of paragraphs 1 to 5, make available to the competent authority, free of charge, their data and shall inform the competent authority. (6) . Unofficial table of contents

§ 3 Electronic data collection and data transmission

(1) The competent authority may order that the collection and transmission of data relating to flight operations shall be carried out by electronic means. Data formats are to be used for the electronic recording and transmission of the data, which ensure the complete collection of data and comply with the generally accepted rules of technology. (2) The Federal Ministry for the Environment, Nature protection and reactor safety can identify data formats in accordance with the second sentence of paragraph 1 and make it known in the Federal Gazette. The determination of data formats to be used for civilian airfields is carried out in agreement with the Federal Ministry of Transport, Building and Urban Development, the determination of data formats used for military airfields , in agreement with the Federal Ministry of Defence. (3) The competent authority may stipulate that documents which are electronically transmitted shall be provided with a qualified electronic signature in accordance with the signature law. . Unofficial table of contents

§ 4 Calculation procedure for the fixing of noise protection areas

(1) The noise pollution determination required for the establishment of a noise protection area in accordance with Article 4 (3) and (4) of the Law for the protection of aircraft noise shall be based on the basis of the provisions laid down in the annex to § 3 of the Act for the Protection against Aircraft Noise defined noise indices LAeq day, LAeq night and LAmax. In order to distinguish between the different protection zones of the noise protection area,
1.
the equivalent permanent sound level LAeq day as the external level for the day protection zones 1 and 2,
2.
the equivalent permanent noise level LAeq night as the external level for the night protection zone; and
3.
the maximum level LAmax as level in the room miners for the night protection zone
In each case, including the surcharge for taking into account the time-varying use of the individual operating directions (3-sigma) according to the Appendix to § 3 of the Act for the Protection against Flight Noise. For the calculation of the maximum level LAmax, a level difference between the outside and the inside of 15 decibels (A) is taken into account in accordance with § 3 of the law for protection against aircraft noise. (2) The calculation of the noise indices is carried out according to the Guidance on the calculation of noise protection areas (AzB) of 19 November 2008 (BAnz. OJ No 195a of 23 December 2008). In this case, the trajectories must be divided into individual sections and the contributions of the flight path sections to the aircraft noise pollution at the immissions must be determined (segmentation method). (3) The calculation points for the determination of the equivalent Continuous sound levels and the maximum level are located at a height of four metres above the ground. For the calculation, a right-angled grid of 50 meters by 50 meters should be used as a rule. The determination of the curve points with constant values of the equivalent continuous sound level LAeq day and LAeq night as well as the curve points with constant frequency of the exceeding of the maximum level LAmax is effected by interpolation between adjacent ones of the following: Points of the grid in accordance with the second sentence. (4) The results of the calculation are to be presented in the form of lists of the curve points and of the cards. The cards must be georeferenced. Unofficial table of contents

§ 5 Calculation procedure for the review of noise protection areas

(1) The change in the level of the equivalent permanent noise level by at least 2 decibels (A) is determined for the redetermination of a noise protection area in accordance with Article 4 (5) sentence 1 of the Law for the Protection of Air Noise by the difference between the two levels of the the equivalent permanent sound level LAeq day at the limit of the day protection zone 1 of the existing noise protection area and the equivalent permanent sound level LAeq day newly calculated for the same immission type as a result of the foreseeable flight operation caused by a change in the installation or in the operation of a Airfield results. Accordingly, the difference between the equivalent permanent noise level LAeq night at the limit of the night protection zone of the existing noise protection area and the equivalent permanent sound level LAeq night, newly calculated for the same immission (2) The change in the level of the equivalent permanent noise level by at least 2 decibels (A) which is required for the re-establishment of a noise protection area in accordance with Article 4 (3) sentence 2 of the Law for the Protection of Aircraft Noise shall be amended in accordance with paragraph 1 of this Article. determines that it is important to the foreseeable flight operations, which is the result of the other essential expansion of an aerodrome alone. Unofficial table of contents

§ 6 Entry into force

This Regulation shall enter into force on 30 December 2008. Unofficial table of contents

Final formula

The Federal Council has agreed.