ENCINO : Group to Fight FAA on Helicopter Noise

An Encino homeowners group is vowing to fight the Federal Aviation Administration’s recent decision rejecting a proposal to set a mandatory minimum altitude for helicopters flying over populated areas.

On June 8, the FAA denied the request by Homeowners of Encino for a regulation that would have required non-emergency helicopters to observe a 1,000-foot altitude minimum when flying over houses.

“While the FAA acknowledges that a specific community may have some valid complaints about particular helicopter operations and resultant noise, noise issues within a limited geographic region do not warrant the promulgation of a nationwide standard affecting all helicopter operations,” wrote Thomas C. Accardi, the FAA’s director of flight standards service, in the decision.

Local homeowner groups have complained for years about the noise caused by helicopters flying in and out of Van Nuys Airport. Sightseeing and media helicopters have been singled out for criticism, with neighborhood activists calling for media helicopters to pool their coverage.

The homeowners seek a change to an existing FAA flight rule that in fact sets a 1,000 altitude minimum for helicopters but permits them to dip below that level if the pilot believes it is safe to do so.

In his decision, Accardi said he sees no significant safety reason for the rule change, and that the existing flight rule has adequately protected the public up to now. He added that federal agencies are obligated by an executive order to establish only those regulations that “are made necessary by a compelling public need.”

In addition, Accardi said that allowing helicopters to fly at lower altitudes than airplanes makes sense because helicopters can begin at a lower altitude to successfully complete an emergency landing.

Gerald A. Silver, president of Homeowners of Encino, said he is disappointed by the FAA’s decision and added that his group will formally request FAA Administrator David Hinson to reconsider the FAA’s decision within the 30-day period allowed for reconsideration.

But Frank Jensen, president of the Helicopter Assn. International in Washington, D.C., hailed the FAA’s finding as a “good decision.”

“To have [a regulation] solely for noise abatement would be injurious to the industry,” Jensen said.