City Can Curb Airport Noise Now, Toughen Controls Later

The Federal Aviation Administration has issued a legal opinion that Los Angeles can restrict noisier aircraft from using Van Nuys Airport now and still adopt stricter rules later.

The opinion, released Thursday by Rep. Brad Sherman (D-Sherman Oaks), was sought after City Council members said they were uncertain about the limits of their authority to regulate air traffic.

After a decade of debate, hundreds of people in November packed a council hearing to argue the pros and cons of a proposal to limit noisy planes--primarily private jets.

But the council postponed action, in part out of concerns that the federal government would prevent the council from making changes later.

A federal rule adopted in 1990 prohibits noise and access restrictions at airports. However, since the restrictions at Van Nuys were proposed prior to the federal rule, new controls could still be imposed, the FAA had said in earlier opinions.

In the latest opinion, dated Tuesday, FAA Chief Counsel Nicholas G. Garaufis said that any new controls adopted by the city now could still be strengthened later.

The National Business Aviation Assn., which represents owners of private jets, has warned it is likely to challenge rules restricting private jets.

The Los Angeles Board of Airport Commissioners in July approved a plan to phase out noisy private jets at Van Nuys over the next 11 years. The plan would exempt about 50 so-called Stage 2 jets--primarily those built before 1985.

Airport businesses argue the rules would adversely impact the economic stability of the airport. But some homeowners say the proposal should apply to all noisy aircraft and require a phase-out over a shorter time. Gerald Silver, president of the Stop the Noise homeowner coalition, called the proposed rules “weak, watered-down and ineffective.”

Some council members have said they may favor approving the proposed rules in order to at least get some restrictions on the books, then toughen them later. Others say they may reject the proposal and order the airport commission to come back with a stronger proposal.

Sherman said in a statement the opinion from the FAA “gives those of us fighting airport noise more options.”

Van Nuys is the busiest general aviation airport in the country. The number of private jets based there has risen sharply, driven by demand from corporate customers, wealthy individuals and the entertainment industry.