(Sponsored by Homeowners of Encino)

HINSON DENIES HOMEOWNERS OF ENCINO'S PETITION FOR HELICOPTER MINIMUM ALTITUDE RULE CHANGE-- RECONSIDERATION FILED WITH PRESIDENT BILL CLINTON

By Gerald A. Silver, President

Homeowners of Encino, PO Box 260205, Encino, CA 91426

On October 31, 1996, David Hinson, FAA Administrator, denied a petition for reconsideration filed by Homeowners of Encino that would establish a 1000' minimum altitude for helicopters flying over congested areas. Homeowners of Encino's petition for reconsideration was filed after the FAA denied the original petition that would protect communities from low flying helicopters.

The petition was denied in a ruling that lacked substance and depth, said Gerald A. Silver, President of Homeowners of Encino. Silver condemned the slow and inadequate response of the FAA to his petition. Homeowners of Encino has since filed a motion for reconsideration with President Bill Clinton on December 3, 1996. This reopens the issue and brings the matter before the President of the United States.

Silver believes the denial deserves a reconsideration by President Clinton and merits the issuance of an Executive Order, mandating that the FAA issue a regulation establishing a 1000 ft. minimum altitude for helicopters operating over congested areas with exemptions for any municipal, county, state or federal authority operating a helicopter for emergency services, rescue operations, police or fire protection.

"In denying Homeowners of Encino's petition, the FAA has consistently taken a narrow view of the helicopter noise and safety problem", said Silver. It rejected the group's argument, suggesting that low flying helicopters are a local problem that requires a local, rather than national solution. This decision fails to recognize the vast number of residents, from Hawaii to New York, who are impacted daily by helicopter noise and safety problems, said Silver.

By taking an atomistic view of the issue, the FAA ignored the broad and significant impacts of low flying helicopters over populated areas. In effect the FAA did not see the forest for the trees. Had the FAA viewed the problem as a national issue, impacting millions of Americans from Manhattan to Hawaii, it would have granted the petitioner's request.

The hundreds of letters from government officials, private citizens and representatives of homeowner assns. from across the country attest to the compelling public necessity for establishing helicopter minimum altitudes. Homeowners of Encino made available to the FAA a petition that included over 2000 signatures of individuals greatly disturbed by low flying helicopters. In addition, the docket contained hundreds of letters from individuals from both rural as well as urban areas that support the proposed rule change. These citizens, municipalities, and community organizations represent a compelling argument for seeking relief from low flying helicopters.

The petition filed by Homeowners of Encino is supported by Congressmen Beilenson, Berman, Waxman, Los Angeles Mayor Richard Riordan, and dozens of elected officials, municipalities and homeowner associations.

Silver said Hinson failed to perform a reasoned determination of the facts and issues in his petition. Mr. Hinson's denial was conclusionary and lacked the paper trail, documentation and specific facts that would allow a reasonable person to assess the costs and benefits of the proposed rule change.

"It is painfully obvious that Mr. Hinson avoided the FAA's mandated responsibility to do a careful assessment, and instead responded with a pro-industry denial. No considered reasoning, logic or determinations were evident in the denial," said Silver.

The issue of helicopter noise, safety, and minimum altitudes is of vital interest and concern to a large segment of the population. The FAA did not conduct hearings on the subject of the petition, nor did it seek important comment from the National Transportation Safety Board. Mr. Hinson relied upon a few self serving objection letters received during the comment period from helicopter operators, continued Silver.

He said that without a rule change specifying minimum altitudes, the public is unprotected from the noise and safety hazards of low flying helicopters. At the present time, there are no minimum altitudes for helicopters. Pilots can fly at any altitude they deem safe, regardless of the noise and other environmental impacts on residents.

Homeowners of Encino encourages elected officials, individuals and organizations to write letters in support of the petition for reconsideration. Letters should be addressed to: President Bill Clinton, Attn. Sue J. Smith, Director, Legislative Affairs Office, Agency Liaison, Room 6, OEOB, White House, Washington, DC 20500. Fax 202-456-2461.

All letters, faxes and comments should refer to Docket No. 27371.

Silver asks that a massive amount of letters, faxes and phone calls be made to President Clinton, [ or E-mail president@whitehouse.gov ] in order to send the message that the rights and concerns of those on the ground matter as much as those of media or sight seeing helicopters.

Homeowners of Encino is a sponsor of the Stop the Noise! Coalition and the National Helicopter Noise Coalition.

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