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What is a FAR Part 161 Study?
A Federal Aviation Regulations (FAR) Part 161 Study (Notice and Approval of Airport Noise and Access Restrictions) is a comprehensive analysis that airports must follow when proposing any noise or operational access restrictions on aircraft. The Study process must include: (1) public notification; (2) opportunity for public input; (3) scientific study of the noise environment; (4) a benefit-cost analysis of the proposed restriction and (5) a federally determined documentation process.
The FAR Part 161 Study being conducted at Los Angeles International Airport (LAX) seeks to restrict easterly takeoffs between the hours of midnight and 6:30 a.m. whenever LAX is in Over Ocean-Operations or when it remains in Westerly Operations during these hours.
Furthermore, Part 161 requires that an airport proprietor study the impacts of a proposed noise or access restriction within a specific area. That area must include all property that lies within the zone that shows average noise levels exceeding 65 decibels. In determining whether land uses around the airport will benefit from the proposed rule, land uses must be evaluated using compatibility guidelines defined in FAR Part 150.
Only when the FAA has approved the Part 161 Study, can the airport implement the proposed restriction.
Who will conduct the FAR Part 161 Study at LAX and what will be involved?
Los Angeles World Airports (LAWA) is responsible for conducting the FAR Part 161 Study at LAX. LAWA has contracted with the premier consulting firm in the field of airport noise studies, Harris Miller Miller & Hanson Inc., (HMMH). HMMH is the only consulting firm to have successfully conducted a FAR Part 161 Study that was approved by the Federal Aviation Administration (FAA), the federal agency responsible for the coordination of all domestic airport operations.
In addition, there are several subcontractors to help with certain parts of the study. Subcontractors involved in a FAR Part 161 study include professionals who perform: air traffic control analyses, economic benefit-cost analyses, land use planning, and public outreach. The study began in the Summer of 2005 and should last approximately three years.
Why is conducting a FAR Part 161 Study important?
The FAR Part 161 study is important because it will determine if LAX can reduce certain specified flights and their resulting noise levels in communities designated in the study zone near the airport. The FAR Part 161 Study being conducted at LAX would restrict easterly departures between the hours of midnight and 6:30 a.m. daily as part of the Community Benefits Agreement (CBA).
The Part 161 Study is a process required by the FAA in order for an airport to implement a proposed restriction, should the findings of the study indicate that the restriction is feasible and fulfills mandated guidelines.
The process of proposing a new restriction has three principal elements:
Collecting data and providing analyses to justify the restriction and to explain its environmental and economic impact
Notifying the public and allowing time for comment on the proposed restriction
Submitting the restriction and its related documentation for FAA review and approval
What is the goal of the FAR Part 161 Study?
The goal of the FAR Part 161 Study at LAX is to evaluate proposed restrictions on eastbound departures between the hours of midnight and 6:30 a.m. daily. The restriction, if approved by the FAA, would reduce aircraft noise impacting communities surrounding LAX between the specified time period, excluding those aircraft exempted from the restriction (for example, military aircraft; medical/mercy flights; and government owned/operated aircraft involved in law enforcement,
fire/rescue operations, or other emergency operations).
Another significant goal of the study will be to maintain an open dialogue with the public, including public education forums, community meetings, and various opportunities to obtain public feedback regarding the restrictions.
The study also requires that LAWA collect substantial evidence to support that:
The proposed restriction is reasonable, non-arbitrary, 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
Los Angeles World Airports has provided adequate opportunity for public comment
The proposed restriction does not create an undue burden on the national aviation system.
How will the study affect noise at LAX?
There are numerous factors that influence noise levels over communities, such as the age of the aircraft, the types of engines they have and the power settings that are used, the flight altitude, and wind and weather patterns.
Once the study is completed, including the public comment period, an application will be submitted to the FAA requesting approval of the LAX proposed restriction. If the proposed restriction is approved by the FAA, LAWA will be able to implement the proposed restriction. This means the noise produced by easterly departures between the hours of midnight and 6:30 a.m., when other aircraft are able to take off and land over the ocean,
daily would be reduced by limiting the number of flights that take off over communities east of the airport. The study targets noise caused by all flights and aims to reduce the number of flights that affect nearby communities during early morning hours.
What impact will the study have on night flights at the airport?
The proposed restrictions, if approved, will limit and reduce eastbound departures between the hours of midnight and 6:30 a.m. The exemptions to this restriction will include: emergency aircraft on fire and rescue missions, military and national security operations, law enforcement and other government owned or operated aircraft, and medical/mercy operations.
If violations occur, penalties, which may include fines and additional sanctions, could be imposed on the violating airlines.
What are the benefits of the study to the affected communities?
An FAA-approved study will provide communities with some late night noise relief by reducing the number of aircraft departing from LAX to the east over communities. This means residents will not be as frequently disturbed by noise from these takeoffs between midnight and 6:30 a.m. The current number of annual flight disturbances would be expected to decrease.
What role will community residents play in the study?
Community residents will have the opportunity to provide testimony regarding the impacts of nighttime flights and communicate opinions regarding the proposed restrictions. More importantly, because this study is being conducted largely for the benefit of the community, resident participation is extremely important to the success of the study. Public comment provides necessary evidence of the impacts of noise on affected communities.
This evidence will be weighed into the impact reports used to make recommended restriction
What roles will Los Angeles World Airports (LAWA) and the Federal Aviation Administration (FAA) play in this study?
LAWA is responsible for conducting the study and implementing the restriction, if approved. The FAA maintains the ultimate authority to approve any proposed restrictions.
In order for LAWA to submit the proposed restriction for FAA review, Part 161 requires that the study must first comply with the three main elements:
Collection of data to justify the restriction
Public notification and allowance for public comment
Submittal of the proposed restriction to the FAA for review and approval.
The final authority to approve or deny the findings rests with the FAA, which has up to 180 days to review the application. If the FAA deems that the findings are relevant and meet the six statutory conditions established in the Airport Noise and Capacity Act of 1990, Study may be approved. If approved, the rule would take effect upon enactment of any airport rules and regulations by the Board of Airport Commissioners and any enabling ordinances by the Los Angeles City Council.
What are the penalties for violations?
The penalties for violations of the proposed restriction will be determined as part of the Part 161 Study. Any such proposed penalties are subject to approval of the FAA.
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LAX Airport 
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