First Regulation On The Implementation Of The Law For The Protection Against Flight Noise

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

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Read the untranslated law here: http://www.gesetze-im-internet.de/fluglsv_1/BJNR298000008.html

First regulation on the implementation of the law for the protection against noise (regulation on data collection and the calculation method for the determination of noise protection areas - 1 FlugLSV) 1 FlugLSV Ausfertigung date: 27.12.2008 full quotation: "regulation on data collection and the calculation procedure for the establishment of noise protection areas from December 27, 2008 (Federal Law Gazette I p. 2980)" footnote (+++ text detection from: 30.12.2008 +++) input formula on the basis of § 3 par. 2 of the law for the protection against flight noise as amended by the notice of October 31, 2007 (BGBl. I p. 2550) prescribed the Federal Government after consultation with the interested parties: article 1 scope this Regulation shall apply for the establishment of areas of noise protection under the Act for the protection against flight noise. It governs requests required for the determination of noise exposure data collection about the foreseeable flight operations, as well as on the calculation method for the determination of noise exposure.

§ 2 data acquisition operations (1) the holder of an airfield and air traffic control officers give the competent authority on request for the determination of noise exposure according to § 3 of the Act for the protection against flight noise required information over the foreseeable flight operations and submit relevant data, documents and plans. The data about the operation of the flight record flight movements, which arise from the airfield (take-offs and departures) and that lead to the airfield (approaches and landings) within the coverage after number 2.1.1.1 of the Guide to collecting data about the flight operations (AzD) from November 19, 2008 (BAnz. No. 195a by December 23, 2008), the traffic circuit flights at the airport, the overflights over a runway at low altitude without contact with the ground, the rolling of the aircraft before the launch and after landing and by help of aircraft gas turbine operation.
(2) the data concerning the flight operation describe the flight movements a forecast year, which is usually 10 years after the request referred to in paragraph 1. The forecast year is determined by the competent authority. The forecast refers to the six busiest months (180 days) of the forecast year. The months must be no continuous period of the forecast year. With regard to the assessment times day and night is for departures the time of start-up and on landings of time of instrumental landing. Square round flights allocated to night-time, if off or landing will take place during this assessment period.
(3) the data of an existing airfield operations capture the scattering of the usage shares of the individual operating directions by for each runway use shares are separated for the periods of day and night in the past ten calendar years as well as separately specified for takeoff and landing. If there are data on use of shares only for shorter periods or if the usage shares have special features, the competent authority may specify a shorter or any other acquisition period. Such a collection period should not be above if a renewed occurrence of features over the entire forecast period occurred during these years cannot be ruled out. Unless there are no sufficient statistical data relating to the shares of use of for an airfield, the use of shares because the data on the local wind direction distribution or due to the use of percentages of comparable airports should be estimated. Sentence 4 shall apply accordingly for the establishment of an aerodrome or the construction of a new runway.
(4) the submission of data on the flight operation takes place 2 version referred to with a data acquisition system for the Guide to collecting data about the flight operations (AzD) in which in paragraph 1 set. Documents shall also be provided, describes the essential technical assumptions that underlie the forecast about the nature and extent of the foreseeable flight operations. Future, taken into account in the forecast changes in the plant or in the operation of the airfield, as well as in the flight procedures are to explain. The documents also contain information about the airfield airfield data and plans.
(5) who are kind and extent of foreseeable flight operations data on available provided by 1 the holder of the airfield in particular to the flight movement figures and 2 the with the air traffic control officer in particular to the flight procedures and flight routes.
The holder of the airport and with the air traffic control officer reconcile their data and share inconsistencies of the competent authority.
(6) the information will be provided free of charge the competent authority pursuant to paragraphs 1 to 5.

§ 3 electronic data recording and data transmitting (1) competent authority may order, that the recording and transmission of data on the flight operations is done electronically. For the electronic recording and transmission of data are data formats to use, which ensure the complete coverage of the data and comply with the generally accepted rules of technology.
(2) the Federal Ministry for environment, nature conservation and nuclear safety can determine sentence 2 data formats referred to in paragraph 1 and make known in the Federal Gazette. Data formats to be used for civilian airports is calculated in agreement with the Federal Ministry of transport, building and urban development, the identification of data formats to be used for military airfields, in agreement with the Ministry of defence.
(3) the competent authority may specify, that documents which are sent electronically to provided with a qualified electronic signature according to the signature law.

§ 4 calculation procedures for the establishment of noise protection areas (1) that for setting the scope of a noise protection after § 4 para 3 and 4 of the Act for the protection against flight noise required determination of noise exposure is on the basis of the noise indicators set out in the annex to section 3 of the Act for the protection against flight noise LAeq day, LAeq night and LAmax. The delimitation of the various protected areas of the noise protection area the equivalent continuous sound level LAeq will 1 day than outdoor levels for the day protection zones 1 and 2, 2. the equivalent continuous sound level LAeq calculated night as outside level for the night protection zone, and 3. the maximum level of LAmax as level inside the room for the night protection zone including the surcharge to take account of the time varying use of the individual operating directions (3-Sigma) in accordance with the annex to section 3 of the Act for the protection against flight noise. For the calculation of the maximum level of LAmax, a level difference between outside and inside of 15 decibels (A) is taken into account in accordance with the annex to section 3 of the Act for the protection against flight noise.
(2) the noise indicators are calculated according to the instructions for the calculation of noise protection areas (AzB) from November 19, 2008 (BAnz. No. 195a by December 23, 2008). This must be the flight paths into individual sections and the contributions of the flight path sections to the flight noise exposure at the immission locations determined (segmentation procedure).
(3) the calculation points for determining the equivalent continuous sound pressure level and the maximum level lie at a height of four meters above the ground. For the calculation, usually a rectangular grid of 50 meters is based to 50 metres. Determining the curve points with constant values of the equivalent continuous sound level LAeq is carried out day and night LAeq, and the curve points with constant frequency of exceeding the maximum level of LAmax by interpolation between adjacent points of the grid to set 2 (4) which are results of calculations to represent in the form of lists of curve points and cards. The cards must be georeferenced.

§ 5 calculation procedure for review of noise protection areas (1) which is a significant change of height of the equivalent continuous sound pressure level to at least 2 decibels (A) for the realignment of a noise protection scope according to § 4 paragraph 5, sentence 1 of the Act for the protection against flight noise determines the difference between the equivalent continuous sound level LAeq day at the border the day protection zone 1 of the existing scope of noise protection and the equivalent continuous sound level LAeq recalculated for same Immissions sites day because of foreseeable flight operations will be made by , which arises as a result of a change in the plant or in the operation of an aerodrome. According to the difference between the equivalent continuous sound level LAeq is formed night at the border the night protection zone of the existing scope of noise protection and the equivalent continuous sound level LAeq recalculated for same Immissions sites night.
(2) the change of the amount of the equivalent continuous sound pressure level to at least 2 decibels (A) required for the realignment of a noise protection scope according to § 4 para 3 sentence 2 of the Act for the protection against flight noise is determined according to paragraph 1, with the proviso that it arrives on the foreseeable flight operations arising solely as a result of an other major structural extension of an airfield.

Article 6 entry into force this regulation enters into force on December 30, 2008.

Concluding formula the Federal Council has approved.