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The LAX Master Plan is a strategic framework for future development of Los Angeles International Airport (LAX). This LAX Master Plan modernizes the runway and taxiway system, redevelops the terminal area, improves access to the airport, and enhances passenger safety, security, and convenience.
In considering the impacts of the program,
LAWA worked in partnership with the LAX Coalition for Economic, Environmental and Educational Justice (LAX Coalition) to develop a program to ensure that communities impacted by the LAX Master Plan Program also receive benefits as a result of the implementation of the Program.
Over a period of 10 months, LAWA and the Coalition met regularly to resolve these concerns and negotiate a Community Benefits Agreement (CBA).
The CBA details the various proposals of mitigation and benefit, including a
commitment to prepare a study justifying to the Federal Aviation Administration (FAA) the need for a proposed noise rule that would limit certain aircraft departures over the city from midnight to 6:30 a.m.
LAWA must prepare this study according to requirements specified in the U.S. Code of Federal Regulations, Title 14, Part 161. The regulation is referred to as Federal Aviation Regulation (FAR) Part 161.
What is FAR Part 161?
Aiport Noise and Capacity Act. On November 5, 1991, the federal government enacted the Airport Noise and Capacity Act of 1991. This act called for the FAA to develop a national
aviation noise policy with accompanying regulations to implement two provisions of the Act. The first required the phased elimination ...through 2003. The FAA implemented this by amending FAR Part 91. The second provision of the Act significantly limits LAWA´s and other airport proprietors´ authority to impose noise and use restrictions at their airports. The FAA implemented this provision through a new regulation,
Part 161, described below. Together, the Part 91 amendments and Part 161 establish the required national noise policy.
FAR Part 161. FAR Part 161, Notice and Approval of Airport Noise and Access Restrictions, sets forth definitions of several key terms that determine the scope of the regulation. Part 161 requires that airport proprietors examine the impacts of a proposed noise or access restriction within an "airport noise study area". That area must include all property that lies
within the 65 dB DNL (or, for California airports, CNEL) noise exposure contour. Second, in determining whether land use around an airports is compatible with airport noise, an airport proprietor must use the land use compatibility guidelines that appear in FAR Part 150.
The regulations distinguish among three types of noise and access restrictions: negotiated agreements, restrictions on the operation of older, noisier aircraft, referred to as Stage 2 aircraft, and restrictions on the operation of newer, quieter aircraft, referred to as Stage 3 aircraft.
The procedures for enacting each, and the FAA´s scrutiny of each, are different. Since the proposed restriction of nighttime operations at LAX would affect Stage 3 aircraft, the highest level of review and approval is involved.
Restrictions on Stage 3 Aircraft. The Noise Act imposes substantial impediments to local restrictions on Stage 3 aircraft. The process has three principal elements:
collecting data and analysis to justify the restriction and to explain its environmental and economic impact
notifying the public and allowing time for comment on the proposed restriction
submission of the restriction for FAA review and approval.
The proprietor must collect substantial evidence to prove that:
the proposed restriction is reasonable, nonarbitrary, and nondiscriminatory
the proposed restriction would not create an undue burden on interstate or foreign commerce
the proposed restriction would maintain safe and efficient use of navigable airspace
the proposed restriction would not conflict with any existing federal statute or regulation
the applicant has provided adequate opportunity for public comment
the proposed restriction does not create an undue burden on the national aviation system.
The foundation for the analytical requirements is that an airport proprietor must prove that the benefits of the restriction outweigh the costs. The noise benefits must be decreases in noise exposure above DNL 65 dB in areas with noise sensitive land uses. The costs must be expressed in financial terms; little guidance has been given as to the exact nature of such an evaluation.
What are the Goals of the Part 161 Study?
Goal of LAX Part 161. The Goal of the LAX Part 161 Study is to prohibit the east departure of all aircraft, with certain exemptions, between the hours of 12:00 a.m (Midnight) to 6:30 a.m when LAX is in Over Ocean&ndhsh;Operations or when it remains in Westerly Operations during these hours. Several categories of aircraft will be exempt from the restriction, including: military aircraft; medical/mercy flights; and government owned/operated aircraft involved in law enforcement, fire/rescue operations, or other emergency operations.
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