CAA: GA News, "Voluntary noise curfew takes flight in Livermore"

["Stephen Irwin" <stepheni@xxxxxxxxx>]

Tuesday, January 15, 2002 

Voluntary noise curfew takes flight in Livermore
Airport officials ask pilots to refrain from using the facility between
10 p.m. and 6 a.m. to cut noise pollution 
By Bonita Brewer
THE CONTRA COSTA (CA) TIMES 


LIVERMORE -- Pilots are being asked to refrain from using the Livermore
Municipal Airport between 10 p.m. and 6 a.m., but the Airport Advisory
Commission says it will be hard-pressed to seek anything but voluntary
compliance.

In response to noise complaints, the commission agreed Monday to ask
pilots and local businesses not to use the airport for the late-night
delivery of goods -- especially those using jets.

But the commission noted that because the airport is not legally
classified as "noise-sensitive," based on sound studies in nearby
residential areas, an actual curfew would not be allowed by the Federal
Aviation Administration.

"If (the late-night jet-noise problem) continues to happen, there's not
a lot the airport can do about it," said Commissioner Steve Picha. "I
think people think we have more control over it than we really do."

Airport Manager Leander Hauri, however, said it would be possible to ask
the FAA for permission to restrict Class 2 aircraft, generally
consisting of older, noisy planes, including certain types of Learjets.

But he said an actual curfew would not be permitted, and the FAA might
not even accept Class 2 limit.

"We certainly could try, but we operate on grant funding as a public-use
airport and are supposed to stay open to any and all users," Hauri said.
"If we try to limit one type, (pilots) could come back and say we were
discriminating.

"It might be a long shot, so let's hope this (voluntary program) works."

Hauri told commissioners a voluntary program has worked well at some
other airports, specifically citing the Westchester County Airport in
New York.

Commissioners said they hope to avoid having to seek the imposition of
restrictions.

"I'm in favor of this (voluntary program)," said Chairman Dave
Dominguez. "It's proactive and at the same time it indicates to the
public there's very little we can do."

Commissioner Lance Oelke said some businesses might require late-night
cargo deliveries. And, although it was suggested that publishing the
names of offending businesses might help get more to comply to voluntary
regulations, Oelke said he couldn't support threatening companies as a
way to pressure changes.

"The airport's been here for quite some time," he said. "The noise
problem has been established by people moving to the area."

Commissioners noted that even airports with curfews have trouble
enforcing them. They cited a federal judge's ruling last year that
ordered San Jose International Airport to allow Oracle chief executive
Larry Ellison to fly his private jet in and out of the airport late at
night. The judge called the city's curfew law "unreasonably
discriminatory," but declined to strike it down altogether.


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