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What is the current state law regarding vessel sound levels in
Florida?
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So the “90 decibels at 50 feet” law doesn’t apply statewide?
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How does the state law pertain to mufflers on airboats?
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Why was the decibel level law passed in the first place?
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Does FWC have the authority to change the laws pertaining to
sound levels associated with vessels?
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Why is FWC involved in the airboat sound issue?
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What is the FWC doing to help address airboat sound levels?
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Are the researchers qualified to conduct such a project?
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What kind of testing was conducted?
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I’ve been told that the research is biased in favor of airboats.
Is this true?
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When is the research project to be completed?
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What steps will be taken to ensure that the conclusions are fair
and accurate?
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What will be done with the results of the research?
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What is the FWC interpretation of the statute requiring
effective muffling for airboats?
What is the current state law
regarding vessel sound levels in Florida?
Vessel exhaust and
sound level restrictions are found in two distinct sections of
Chapter 327.65, Florida Statutes. The first section relates only
to vessel exhaust and requires the exhaust of internal
combustion engines used on vessels to be “effectively muffled…in
a reasonable manner”. The second section provides ordinance
language for counties wishing to impose additional noise
pollution and exhaust regulations to restrict vessel sound
levels to 90 decibels at 50 feet. To recap, the first section
applies statewide and only to the exhaust of vessels. The second
only applies vessel decibel limits within those counties that
adopt the language by ordinance.
So the “90 decibels at 50 feet”
law doesn’t apply statewide?
No, only the
“effectively muffled…in a reasonable manner” language is in
effect statewide. The decibel level restriction is provided in
statute for individual counties to adopt by ordinance, if
desired. As written, this ordinance would apply to sound levels
generated by vessels of all types, regardless of whether the
sound originates from the exhaust or any other parts of the
boat.
How does the state law pertain to
mufflers on airboats?
The law’s terminology
“…effectively muffled…in a reasonable manner” leaves
considerable room for interpretation and is a major topic in the
airboat sound issue. The law does not specifically require a
“muffler” similar to those used by the automobile industry, only
that engines be “muffled.” Approximately 20 years ago, this
requirement was loosely interpreted by the former Game and Fresh
Water Fish Commission to accept the use of “flex-pipe” as an
improved muffling device over open exhaust for airboats. As the
number of waterfront residences and airboats has increased over
the years, the “effectiveness” of muffling airboats with
“flex-pipe” has come into question.
Why was the decibel level law
passed in the first place?
In 1986, the Florida
Legislature passed the provision in statute to allow counties to
adopt the 90 decibels at 50 feet requirement. This provision was
made as a result of concerns over extremely loud powerboats,
often referred to as “go-fast,” “cigarette,” or “racing” boats.
Presently, airboat sound levels may also be regulated through
county adoption of this language.
Does FWC have the authority to
change the laws pertaining to sound levels associated with
vessels?
No. The authority to
establish vessel sound regulations lies within the Florida
Legislature and would require statutory changes handled through
the legislative process.
Why is FWC involved in the airboat
sound issue?
Legislation was
proposed in 2003 to restrict airboat noise statewide to 90
decibels at 50 feet. A committee substitute bill proposed to
give the FWC rule making authority to adopt a uniform municipal
code to resolve the airboat noise issue. However, in lieu of the
bill moving forward, FWC was asked to host public workshops
regarding airboat noise. Three public workshops were held in
September 2003, attended by a total of about 300 people. Three
general themes emerged from the workshops: (1) support for the
development of an airboater code of ethics, (2) promote the
installation of effective mufflers on all airboat engines and
(3) a lack of consensus regarding any statutory changes. A code
of ethics was developed by a Florida Boating Advisory Council
subcommittee that included representatives from the personal
watercraft industry, airboat manufacturers, sportsmen groups,
the boating public and the general public. The results of the
workshops, the code of ethics and a recommendation to
reinterpret the statute to require mufflers on all airboats were
presented to FWC Commissioners at the February 2004 public
meeting. Before considering an effort to reinterpret the
statute, the Commission directed staff to complete a research
project to provide scientifically sound data on the types of
muffling devices that can effectively muffle airboat engines.
The Division of Law Enforcement, Boating and Waterways Section
was tasked with this effort.
What is FWC doing to help address
airboat sound levels?
The first step toward
finding concrete solutions to the airboat sound issue is to
obtain the appropriate scientific data. The FWC’s Boating and
Waterways Section initiated a formal research project by working
with stakeholders to develop a Scope of Work. This document was
used to solicit a highly-qualified, professional research team
to study airboat sound levels, their sources and technological
means to reduce sound emissions on airboats. A research team
from the Florida Atlantic University (FAU) College of
Engineering offered a proposal for the project, and a planning
meeting including the researchers, FWC staff and stakeholders
(an airboat manufacturer and a concerned waterfront homeowner
representative) was conducted in Ocala to ensure that the
project goals and objectives were clearly defined and
understood. The results of this meeting led to the FWC entering
into contract with FAU during August 2004, to conduct the
research project.
Final Report on Airboat Sound Research 9/19/05
In addition, FWC’s
Boating & Waterways Section will be implementing a public
outreach program designed to inform airboaters of the muffling
requirements and to provide information on the “Airboater’s Code
of Ethics”.
Are the researchers qualified to
conduct such a project?
The researchers are
Stewart Glegg, Ph.D., P.E., and Oren Masory, Ph.D., both
employed as professors for FAU. Dr. Glegg has a Ph.D. in
acoustics and a Masters in sound and vibration. He serves as a
professor in the Department of Ocean Engineering, director of
the Center for Acoustics and Vibration, and director of the
Center for Coastline Security. Dr. Glegg has extensive
experience in propeller sound research. Dr. Masory has both a
Ph.D. and Masters in mechanical engineering. He serves as a
professor in the Department of Mechanical Engineering and is the
director of the Robotics Center at FAU.
What kind of testing was
conducted?
This research project
was conducted in two phases and was intended to gather accurate
scientific data needed to answer the following questions:
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What level of sound can
be obtained using various automotive-type muffling devices,
“flex-pipe,” or other devices on the wide range of airboat
propulsion systems?
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How do sound levels
generated by the engine’s exhaust compare to those generated by
an airboat’s propeller blades?
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What environmental
factors play a part in the resonance of airboat sound?
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What mechanical and/or
technological changes could be made to help quiet airboats?
The first phase of
testing was conducted on a lake in the Ocala National Forest and
involved 14 different airboats, most of which were privately
owned. The testing included both on-water and static sound level
measurements taken at various engine speeds and with various
muffling devices attached to each boat. The second phase of
testing involved only two boats (aircraft and
automotive-powered) both on and off-water with variations in
propellers, muffling devices and engine speeds.
I’ve been told that the research
is biased in favor of airboats. Is this true?
Not at all. Every
effort has been made to make sure that accurate scientific data
is gathered using the latest in sound measurement equipment and
methodology. Stakeholders on both sides of the issue have been
involved in this project since its inception through active
participation and oversight. A preliminary report was developed
by the research team to present a general interpretation of
their initial findings and to provide preliminary data should it
have been needed during the 2004/05 Legislative Session. The
draft report titled “Measurement and Characterization of Sound
Generated by Airboats” has been criticized by some individuals
as being unclear and incomplete, and we acknowledge this fact.
However, the criticism of the preliminary findings failed to
consider that the research work was incomplete and was not
intended to provide adequate data to draw final conclusions. The
valuable purpose behind delivery of a summary of the early and
incomplete data was to have an opportunity to evaluate the
preliminary findings and allow us to calibrate the latter phases
of the study. This report was used for planning purposes as the
second phase of testing was being developed with stakeholder
involvement.
When is the research project to be
completed?
The project was
completed in September 2005. Final
Report on Airboat Sound Research.
What steps have been taken to
ensure that the conclusions are fair and accurate?
Several steps have
been taken to ensure that the end product is fair, accurate, and
without bias. Stakeholder involvement has been exercised
throughout the development and implementation of this project.
Additionally, the final project report will be subjected to a
full peer review by qualified independent research scientists.
What will be done with the results
of the research?
The conclusions from
this project will provide the scientific basis required to
initiate effective problem-solving. The FWC will request
interested stakeholders to participate in a working group to
develop and oversee implementation of strategies to reduce
airboat noise disturbance of others enjoying our waterways,
whether at their residences or enjoying other water-related
activities. The working group will use the research project
results to develop a comprehensive information and education
campaign aimed at changing airboat operator behavior and airboat
design to significantly reduce airboat noise disturbance.
Additionally, the efforts of this working group are also
expected to serve as a catalyst for future technological
advances toward quieter airboats. It appears doubtful that a
“silver bullet” to solve the problem will be identified, but
there is a high likelihood that a series of incremental steps
can be taken to bring satisfaction to both concerned homeowners
and airboaters.
What is the FWC interpretation of
the statute requiring effective muffling for airboats?
Staff reported the
final research findings and recommendations of the working group
to our FWC Commissioners at the December Commission meeting.
Based on the research findings input from public workshops and
workgroup recommendations, the Commission clarified that flex
pipe is not an effective muffling device and that
automotive-style mufflers will be required to meet the muffling
requirements established in state law. The Commission approved
enforcement procedures and educational efforts directed at
compliance with the statute and also included a provision
directing FWC officers to promote compliance through a six-month
educational effort.
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