Quote of the Week:  "While the FAA does not consider the increase in noise or air traffic in Fairfield County to be significant, we do. " from New Caanan, Connecticut FAA Advisory Committee's 10 reasons they oppose the FAA's Airspace Redesign Plan


Aviation Conspiracy Newsletter #429.........................................................................May 20,  2007 Past newsletters can be accessed at: http://pages.prodigy.net/rockaway/ACNewsmenu.htm  The PASSUR airport flight tracking system at many major U.S. airports  http://www.passur.com/sites.htm (you must have Java installed to view it). If you want to get the newsletter sent to you every week, sign up to AviationWatch. Bill Mulcahy rockaway@prodigy.net


It's Time To Change 1990 Airport Curfew Law!!!


As Bill Sees It: (Editorial): Its Time For A Change In 1990 Anti Airport Curfew Law!!! I'm always learning new things about the insidiousness of the Aviation Cabal (aviation industry, politicians and the FAA). I remember hearing a while back something about there being a federal law against local communities and airports putting a curfew on their own airports, especially at night. I don't know why I never investigated it further. However, last week I started doing research into it and found apparently there is such a rule in the 1990 Aircraft Noise and Capacity Act. I think it is outrageous that the federal government has taken away local control by communities over their own airports. Voluntary curfews are a joke. I have been looking at the Aircraft Noise And Capacity Act and found it full of confusing legalese obviously designed to sneak a no curfew rule past unsuspecting congress and communities. No doubt it was written this way by the airline industry and given to their congressional flunkies to push it through. However, any law passed can be amended or completely overturned. I think it is time to start on this one. Using the excuse that a community will interfere with the mysterious "national transportation system" (whatever that is) if they don't want loud planes going over their heads all night long shows the corrupt viciousness of  "our" government!!! I don't care if politicians who have sold out our health and quality of life stick it in a amnesty bill or a law that gives the FAA bosses salary increases, but I will not rest until local communities once again get control over their own airports!!! As far as I'm concerned any government employee, senator or congressperson who is not working to overturn this rule does not deserve to be feeding off our taxes. Maybe fighters for airport noise justice should start a countdown clock on THEM!!!

Is This The Part Of The 1990 Aviation Noise and Capacity Act That Prohibits Local Communities From Having A Night Curfew On Their" "Airport? Editor's Note: It's hard to tell what if this is the community prohibition as it seems to leave it up to the Secretary of Transportation. I suppose we will have to find out what the Secretary of Transportation recommended.

Page 480

(c) RECOMMENDATIONS - Not later than July 1, 1991, the Secretary shall transmit to Congress recommendations on- (1) the need for changes in the standards and procedures which govern the rights of State and local governments (including airport authorities) to restrict aircraft operations for the purpose of limiting aircraft noise; (2) the need for changes in the standards and procedures which govern law suits by persons adversely affected by aircraft noise; (3) the need for changes in standards and procedures for Federal regulation of airspace (including the pattern of operations for the air traffic control system) in order to take better account of environmental effects; (4) the need for changes in the Federal program providing assistance for noise abatement planning and programs, including the need for greater incentives or mandatory requirements for local restrictions on the use of land impacted by aircraft noise; (5) whether any changes in policy recommended in paragraphs (1) through (4) should be accomplished through regulatory, administrative, or legislative action; and (6) specific legislative proposals necessary for implementing the national aviation noise policy



Las Vegas, Nevada: New Night Flight Path Disturbs People's Sleep!!!  Residents hoping for a late night curfew on jets making the "right turn" might instead want to buy some earplugs and sleeping pills. Federal law makes it virtually impossible for McCarran International Airport officials to restrict departure times, according to Randall Walker, director of the Clark County Department of Aviation. Since March 20, on most days about 200 planes have been using the new flight path, taking off west and then arcing to the north -- a right turn -- before heading east. That flight path has divided the community. Those under the new departure path complain of sleepless nights, unusable patios and depreciating home values. The Federal Aviation Administration and McCarran noise complaint hot lines have been flooded with such complaints. Those living elsewhere in the valley say they have had to live with airplane noise for years, and it's about time residents under the new flight path share the burden. The city of Las Vegas has a lawsuit pending in the 9th Circuit Court of Appeals, challenging the FAA's finding that the flight path would have no significant impact on the environment. The city pitched restricted flight times as a compromise with federal and airport officials. But Walker said several issues make it impossible to limit the hours of flights. In particular, a 1990 federal law requires airports seeking to restrict air space for noise reasons to follow a lengthy set of rules. The rules demand that "the restriction is reasonable, nonarbitrary, and nondiscrimatory." Editor's Note: How long will the Federal Government (obviously run by the airline industry) and the FAA be allowed to destroy people's sleep and health? http://www.lvrj.com/news/7509682.html 

New Canaan, Connecticut Committee Gives Reasons It Opposes FAA's Airspace Redesign Plan!!! The  FAA Advisory Committee this week released “Ten Reasons to Oppose the FAA Airspace Redesign Plan.” The committee, after conducting research on the issue and attending the FAA’s Public Information Session in Stamford on Tuesday, April 24, concluded that the plan as proposed by the FAA will have a “significant negative impact” on the quality of life in New Canaan and Fairfield County. “We prepared this document so that the people of New Canaan will have a better understanding of the impact that the FAA’s plan will have on our community,” Selectman and Committee chairman Paul Giusti said in a press release. “We want people to be informed so that we can work together to oppose the implementation of this plan.” “The FAA’s plan will dramatically increase the number of airplanes over New Canaan and Fairfield County,” Mr. Giusti said. “We need to make certain that our elected representatives in Washington understand loud and clear that we are opposed to this plan. Implementation of the FAA’s plan will cause a deterioration of our quality of life and that is simply not acceptable.” Read article below or go to: http://www.acorn-online.com/news/publish/newcanaan/18111.shtml 

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                                    Important Aviation News Stories This Week

Late night jet curfew not likely

Federal aviation rules make limiting flight hours difficult, McCarran officials say

By DAVID McGRATH SCHWARTZ
REVIEW-JOURNAL

Residents hoping for a late night curfew on jets making the "right turn" might instead want to buy some earplugs and sleeping pills.

Federal law makes it virtually impossible for McCarran International Airport officials to restrict departure times, according to Randall Walker, director of the Clark County Department of Aviation.

Since March 20, on most days about 200 planes have been using the new flight path, taking off west and then arcing to the north -- a right turn -- before heading east.

That flight path has divided the community.

 

Those under the new departure path complain of sleepless nights, unusable patios and depreciating home values. The Federal Aviation Administration and McCarran noise complaint hot lines have been flooded with such complaints.

Those living elsewhere in the valley say they have had to live with airplane noise for years, and it's about time residents under the new flight path share the burden.

The city of Las Vegas has a lawsuit pending in the 9th Circuit Court of Appeals, challenging the FAA's finding that the flight path would have no significant impact on the environment.

The city pitched restricted flight times as a compromise with federal and airport officials.

But Walker said several issues make it impossible to limit the hours of flights. In particular, a 1990 federal law requires airports seeking to restrict air space for noise reasons to follow a lengthy set of rules. The rules demand that "the restriction is reasonable, nonarbitrary, and nondiscrimatory."

That condition would make it impossible to eliminate early morning or late night right-turn flights without also eliminating all other departures at those times, Walker said.

Since the law's passage no airport has successfully met the federal requirements to restrict aviation space, Walker said. As a result, the airport is not going to look at restricting flights, he said.

"We're not going to spend money on a task that's impossible," Walker said. "Under the rules, that would basically be a non-starter."

Del Meadows, FAA air traffic manager for the Las Vegas district, said the busiest hours for the airport, and the hours when the right turn is most needed for efficiency and capacity, are between 10:30 p.m. and 12:30 a.m.

"We didn't create (the new flight path) to take the noise and move it someplace else. We did this for airspace reasons," he said.

Ultimately, though, any decision to restrict hours of operation would have to be made by the airport, Meadows said.

Airports with restricted flight times, known as curfews in the aviation community, had them in place before the 1990 law and the restrictions were grandfathered in, Walker and Meadows said.

Anne Kohut, publisher of the Airport Noise Report, a national newsletter, agreed that airports cannot put mandatory restrictions to curb noise.

 

But she said other airports have had voluntary noise procedures put in place, such as using only certain runways late at night. Those voluntary procedures would have to be agreed upon by community representatives, airport officials, the FAA and airlines, she said. Getting that kind of consensus is unlikely in Las Vegas' contentious debate.

Clark County and the FAA have recently stepped up their defense of the departure path, saying it improves efficiency and capacity at the airport.

"Let me say, without equivocation and without hesitation, the new departure is every bit as safe as the previous one and every other procedure in use at this airport," Meadows said.

In response to Meadows' statement, Mayor Oscar Goodman said: "I'd like to interrogate him under oath."

Goodman has said his major concern about the flight path is safety.

Councilman Steve Wolfson said he has set up a meeting with Walker for later this week to discuss options for noise abatement, including limiting flight times.

"The community is as bothered and annoyed and appalled as ever," Wolfson said.

But FAA and McCarran officials said some of the complaints that have poured in since the change are unfounded.

The FAA gets complaints about the right turn on days when that configuration is not in use, Meadows said.

Some complaints have come in from residents near Palace Station, at Sahara Avenue near Martin Luther King Boulevard. A takeoff pattern over that area has been used for decades when high or shifting winds force the airport to use different runways for departures.

Other complaints have been about planes at 4 a.m., when there are no flights making the right turn. That noise is from flights going to the Nevada Test Site as they have for years.

"Any airplane in the northwest area now that's up there for any reason, people are attributing to the right turn," Meadows said.

 

May 18, 2007
FAA Advisory Committee lists 10 reasons it opposes redesign

The  FAA Advisory Committee this week released “Ten Reasons to Oppose the FAA Airspace Redesign Plan.”

A full listing of the 10 reasons can be found below.

The committee, after conducting research on the issue and attending the FAA’s Public Information Session in Stamford on Tuesday, April 24, concluded that the plan as proposed by the FAA will have a “significant negative impact” on the quality of life in New Canaan and Fairfield County.

“We prepared this document so that the people of New Canaan will have a better understanding of the impact that the FAA’s plan will have on our community,” Selectman and Committee chairman Paul Giusti said in a press release. “We want people to be informed so that we can work together to oppose the implementation of this plan.”

Three-Part Opposition

New Canaan is pursuing a three-part plan to oppose the FAA, the committee reported.

First, a consultant, Williams Aviation, has been retained to critique and raise objections to the technical aspects of the FAA’s plan.

Second, New Canaan submitted objections to the draft environmental impact statement noise mitigation report last week; those comments were prepared and filed in conjunction with the Town of Greenwich. The filing is in preparation for a possible legal challenge to the plan.

Third, the town is organizing political opposition to the FAA’s plan. This will be through both formal political channels, as well as by having the people of New Canaan contact their representatives in Washington.

A survey that citizens can sign to express their opposition is also already circulating, the committee reported.

“The FAA’s plan will dramatically increase the number of airplanes over New Canaan and Fairfield County,” Mr. Giusti said. “We need to make certain that our elected representatives in Washington understand loud and clear that we are opposed to this plan. Implementation of the FAA’s plan will cause a deterioration of our quality of life and that is simply not acceptable.”

According to the New Canaan FAA Advisory Committee, in order to increase the number of arrivals into Newark Airport the FAA’s plan pushes LaGuardia arrivals eastward over Fairfield County. In effect, Ridgefield, New Canaan, Darien and Stamford will experience a substantial increase in air traffic that didn’t exist before so that the capacity at Newark Airport can increase, the committee reported.

State Rep. John Hetherington, a member of the committee, said the FAA, instead of selecting the most aggressive, intrusive alternative, should make modifications to the existing airspace.

“The FAA has not demonstrated why it is necessary to affect the lives of so many people in New Canaan and Fairfield County,” he said. “They can improve the air traffic system without the negative impact.”

Mr. Hetherington also said that U.S. Rep. Christopher Shay has been out front on this issue and has consistently voiced his opposition to the FAA’s plan.

“Chris has demonstrated real leadership in opposing this plan,” Rep. Hetherington said.

Rep. Shays can be contacted at rep.shays@mail.house.gov.

Sen. Christopher Dodd’s office can be reached at http://dodd.senate.gov/index.php?q=node/3128&cat=Opinion.

Sen. Joe Lieberman’s office at http://lieberman.senate.gov/contact/index.cfm?regarding=issue.


Ten Reasons to Oppose the FAA Airspace Redesign Plan

The New Canaan FAA Advisory Committee believes that the Federal Aviation Administration's proposed Integrated Airspace Alternative Plan will have a significant negative impact on the quality of life in New Canaan and Fairfield County.  We are opposed to the implementation of this plan for the following reasons:

1.  The residents of Fairfield County will have a significantly increased number of planes overhead.  In order to create more airspace for the arrivals into Newark Liberty Airport, the FAA's plan will route many LaGuardia arrivals over Fairfield County.  Once the FAA's plan is implemented, between 70 and 150 additional planes per day will be overhead.  In effect, capacity will be increased at Newark Airport at the expense of the quality of life in Fairfield County.

2.  The FAA stated that they did not consider the impact of noise in their original design.   In their original “purpose and need” which outlines the goals for the airspace redesign project, the FAA limited the scope of their efforts to improving air traffic efficiency and reducing delays.  Remarkably, the impact of airplane noise on the people living in Fairfield County was not a consideration in their design work.

3.  Of the four alternatives considered by the FAA, they selected the one that causes the largest noise increase in Fairfield County.   The FAA indicated that increasing the arrivals into Newark's Liberty Airport requires air traffic patterns for LaGuardia-bound aircraft to be shifted over Fairfield County.   While the FAA feels these changes are necessary, it is unclear why they selected the alternative that causes the largest increase in the volume of traffic overhead and is the most detrimental to the quality of life in Fairfield County.  The FAA's process lacked transparency and they did not adequately explain why they selected the most radical plan versus less intrusive, less costly alternatives.

4.  The FAA did not provide the necessary information to the public during the current Draft Environmental Impact Statement comment period.  Responding to pressure from area residents and community leaders, the FAA only recently released the underlying data that they used in redesigning the airspace.  Given that the current comment period is only 30 days long, there is not sufficient time to analyze the data and provide a reasoned, thoughtful response to their airspace redesign.

5.  The FAA used outdated information to develop the proposed plan.  Many of the assumptions used by the FAA have, by their own admission, been overtaken by events.  For example, the demand projections for Kennedy Airport already exceed their projected demand for the year 2011 and the use of Stewart Airport for commercial flights was not considered.

6.  Fairfield County property values will decrease under the new plan.  Despite the FAA's statement that there is no link between increasing airplane noise and decreasing property values in a community, we do not agree with that assertion.  Any Realtor can tell you that increasing airplane noise will reduce property values.

7.  The FAA did not consider less costly and intrusive alternatives.  The use of congestion pricing, charging the airlines varying fees depending on when their flights are scheduled to depart and arrive, is a market-based mechanism to reduce airport delays.  This less costly approach is rejected by the FAA because setting these fees is outside their jurisdiction.  The use of Stewart Airport was also not considered.  A comprehensive solution is needed, not just one under the FAA's control.

8.  While the FAA does not consider the increase in noise or air traffic in Fairfield County to be significant, we do.  The FAA stated that they do not consider any noise less than 45 to 60 decibels as requiring mitigation.  Given that the volume of air traffic will increase significantly under the FAA's proposed plan, there will be both a visual as well as a noise impact that the FAA is generally ignoring.  Further, we think any place where the noise doubles or triples, such as it might in New Canaan, should be given consideration.

9.  The manner in which the FAA calculates aircraft noise on the ground understates the impact.  The FAA projects the impact on the ground of aircraft noise using the DNL, or Day-Night Average which projects noise from aircraft over a 24-hour period.  Because LaGuardia Airport and Westchester County Airport, for the most part, do not operate between the hours of midnight and 6:00 am, there is no projected increase in noise during those hours.  Since the overall DNL is projected to increase in our area, the impact during the remaining 18 hours of flight operations will necessarily be significantly higher. 

10.  Once the FAA changes are introduced and more airplanes are flying over Fairfield County, there is nothing to protect residents from increasing noise, lower flight altitudes and increased air traffic.  As the LaGuardia-bound arrivals flying over Fairfield County increase under the FAA's plan, there is almost nothing that residents will be able to do to change those flight patterns.  Increased airplane traffic and noise will become a fact of life in our area.  The FAA has unilateral authority to change altitudes, directions and frequency of airplane approaches over our homes.
 
Action

In response to the above, the Committee believes that the FAA's proposed plan will expand airplane traffic, increase airplane noise and be detrimental to the quality of life in Fairfield County.  Therefore, we are calling on the FAA to stop consideration of the Integrated Airspace Alternative plan.  Instead, the FAA should make improvements to the existing air routes by exploring less intrusive alternatives, including consideration of the impact of noise and other environmental factors in their “purpose and need” statement.

The Committee also calls on our elected representatives in Washington, DC to withhold funding for the FAA's Integrated Airspace Alternative, to prevent implementation of the proposed changes and to require the FAA to examine alternatives that are less intrusive and damaging to Fairfield County.

Signed,
New Canaan FAA Advisory Committee

Jim Beall, resident        
Kit Devereaux, New Canaan Town Council          
Paul Giusti, Chairman, New Canaan selectman  
Guy Brossy, resident/private pilot
Fred Gabriele, sesident/corporate pilot
John Hetherington, CT State representative