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Aviation Conspiracy: It's Time To Change 1990 Air****t Curfew Law!!!

by "Bill Mulcahy" <rockaway@[EMAIL PROTECTED] > May 21, 2007 at 09:22 AM

The graphic (website) version of this newsletter can be accessed at:
http://pages.prodigy.net/rockaway/newsletter429.htm

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 air****t
flight 
tracking system at many major U.S. air****ts 
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@[EMAIL PROTECTED]
's Time To Change 1990 Air****t Curfew Law!!!

---------------------------------------------------------------------
As Bill Sees It: (Editorial): Its Time For A Change In 1990 Anti Air****t 
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 air****ts putting a curfew on their own air****ts,
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 air****ts. 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 trans****tation 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 air****ts!!! 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 air****t 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" "Air****t? 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 Trans****tation. I suppose we will

have to find out what the Secretary of Trans****tation 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 air****t 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 Air****t 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 air****t officials. But Walker said several issues make it 
impossible to limit the hours of flights. In particular, a 1990 federal
law 
requires air****ts 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 do***ent 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 Wa****ngton 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


         @[EMAIL PROTECTED]
                                    Im****tant 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
Air****t 
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 
air****t officials.

But Walker said several issues make it impossible to limit the hours of 
flights. In particular, a 1990 federal law requires air****ts 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 air****t has successfully met the federal 
requirements to restrict aviation space, Walker said. As a result, the 
air****t 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 air****t, 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 air****t, Meadows said.

Air****ts 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 Air****t Noise Re****t, a national newsletter, 
agreed that air****ts cannot put mandatory restrictions to curb noise.



But she said other air****ts 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, 
air****t 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 air****t.

"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 air****t," 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 ****fting winds force the air****t 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 do***ent 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 
re****ted.

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 re****t 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 Wa****ngton.

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

"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 Wa****ngton 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 Air****t 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 Air****t can 
increase, the committee re****ted.

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 leader****p in opposing this plan," Rep. 
Hetherington said.

Rep. Shays can be contacted at rep.shays@[EMAIL PROTECTED]
 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 Air****t, 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 Air****t 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 Air****t 
requires air traffic patterns for LaGuardia-bound aircraft to be ****fted 
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 Air****t
already 
exceed their projected demand for the year 2011 and the use of Stewart 
Air****t 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 air****t delays.  This less costly approach is rejected

by the FAA because setting these fees is outside their jurisdiction.  The 
use of Stewart Air****t 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 Air****t and Westchester

County Air****t, 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 Wa****ngton, 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/cor****ate pilot
John Hetherington, CT State representative
 




 1 Posts in Topic:
Aviation Conspiracy: It's Time To Change 1990 Airport Curfew Law
"Bill Mulcahy"   2007-05-21 09:22:22 

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