EXHIBIT 1 CLASS "B" INTERVENORS PROPOSED VARIANCE CONDITIONS
I. Completion Of A Plan To Reduce The Size Of The Noise Impact Area
A. The LA Dept. of Airports shall prepare a plan to reduce the size of the noise impact area pursuant to California Code of Regulations title 21, Sec. 5050 (the "Noise Impact Area Reduction Plan").
B. The LA Dept. of Airports shall complete its Noise Impact Area Reduction Plan within twelve (12) months after the effective date of this variance.
C. The LA Dept. of Airports's Noise Impact Area Reduction Plan may form a part of, and be prepared together with, the LA Dept. of Airport's Part 150 Study and/or the noise compatibility program, subject to the time limit set forth in condition B above.
D. The LA Dept. of Airport's Noise Impact Area Reduction Plan shall include the following items:
D1. A detailed analysis of the current and projected sources of aircraft noise at the Airport, including:
D1a. The types of aircraft operating at the Airport;
D1b. The time of day of operations by each aircraft type; and
D1c. Whether the aircraft are Stage 2 or Stage 3.
D2. Consideration of all possible noise abatement measures;
D3. A cost-benefit analysis of all noise abatement measures considered;
D4. A statement as to how much reduction in the size of the noise impact area could be expected from each noise abatement measure;
D5. A statement as to why each noise abatement measure considered is or is not recommended for inclusion in the Noise Impact Area Reduction Plan;
D6. Consideration of all possible noise mitigation measures;
D7. A cost-benefit analysis of all noise mitigation measures considered;
D8. A statement as to how much reduction in the size of the noise impact area could be expected from each noise mitigation measure;
D9. A statement as to why each noise mitigation measure considered is or is not recommended for inclusion in the Noise Impact Area Reduction Plan; and
D10. A detailed statement explaining how the LA Dept. of Airports intends to implement the Noise Impact Area Reduction Plan, including:
D10a. A timetable for the implementation each noise abatement measure;
D10b. A timetable for the implementation each noise mitigation measure; and
D10c. A timetable for seeking any necessary FAA approvals.
E. It would be in the best interests of the LA Dept. of Airports, the residents of Los Angeles and those persons who work in the noise impact area for the LA Dept. of Airports to include the approved Noise Impact Area Reduction Plan in its Part 150 Study and/or noise compatibility program. Accordingly, we urge the LA Dept. of Airports:
E1. Not to submit its Part 150 Study and/or- noise compatibility program to the FAA until CalTrans has approved the LA Dept. of Airports's Noise Impact Area Reduction Plan; and
E2. To include the approved Noise Impact Area Reduction Plan in the Part 150 Study and/or noise compatibility program it submits to the FAA.
F. The variance shall expire on the sooner of:
F1. Thirteen months from the effective date of this variance, or
F2. Thirty days after the date on which the LA Dept. of Airports files an application for a new variance as provided in Condition Hr below.
G. The LA Dept. of Airports may request a reasonable extension of the variance upon a showing that it is not possible for the LA Dept. of Airports to complete the Noise Impact Area Reduction Plan within the original term of the variance. Any such request for an extension must include the following information:
G1. A time certain by which the LA Dept. of Airports will complete its Noise Impact Area Reduction Plan; and
G2. A representation as to whether the Class "B" Intervenors support or oppose the extension.
H. As part of its application for a new noise variance, the LA Dept. of Airports shall submit the following material:
H1. A copy of the Noise Impact Area Reduction Plan;
H2. A copy of the noise compatibility program;
H3. A copy of Part 150 Study;
H4. Copies of all studies, reports and other material upon which the LA Dept. of Airports or its consultant relied in preparing, re viewing and/or approving the Noise Impact Area Reduction Plan, the Part 150 Study or the noise compatibility program.
I. CalTrans shall make reasonable provision for an accelerated hearing schedule on the LA Dept. of Airports's application for a variance, giving due regard to the interests of potential interveners and the need of all parties for discovery.
II. Enforcement Of Noise Rules
A. The LA Dept. of Airports shall develop and implement a plan to require anyone operating aircraft at the Airport to provide the LA Dept. of Airports a log of operations setting forth aircraft type, time of operation, gross take-off weight and any other information required to allow the LA Dept. of Airports to determine whether each operation complied with the LA Dept. of Airports's noise rules.
B. The LA Dept. of Airports shall develop and implement a plan to enforce its noise rules. The plan shall include, but not necessarily be limited to:
B1. Procedures to review on a daily basis operation logs to ensure that each operation complied with the LA Dept. of Airports's noise rules;
B2. Procedures for investigating possible noise rule violations, including record keeping for tracking the investigation;
B3. Standards for determining when a potential violation should be referred to the LA City Attorney for resolution or when a potential violation can be resolved by staff; and
B4. A requirement that all records and other material obtained or generated by the LA Dept. of Airports during an investigation of a potential violation be retained for at least 60 months after the investigation is closed.
C. The LA Dept. of Airports shall make the operation logs and other materials relating to the investigation and enforcement of its noise rules available upon request to the California Department of Transportation and to the Class "B" Intervenors.
III. Accurate Determination Of The Noise Impact Area
A. The LA Dept. of Airports shall include in its quarterly noise reports sufficient information to allow Los Angeles County and Cal Trans to determine whether the report, including the calculation of the size of the noise impact area, complies with the California Air port Noise Regulations. This disclosure should include:
A1. A complete and accurate statement of how the LA Department of Airports determined the location of the noise impact boundary, including a description of all data used in that process; and
A2. If the LA Dept. of Airports uses computer generated contours to assist in locating the noise impact boundary, the LA Dept. of Airports must disclose:
A2a. What computer program was used;
A2b. The input data that the LA Dept. of Airports or its consult ants entered into the computer program to enable it to generate the contour; and
A2c. Why the LA Dept. of Airports or its consultants selected that particular data set.
B. The LA Dept. of Airports transmit the Quarterly Noise Reports
C. As part of its Quarterly Noise Reports, the LA Dept. of Air ports must indicate what it has done in the previous quarter in each of the following areas:
C1. Enforcement of the LA Dept. of Airports's noise rules;
C2. School and residential acoustic insulation;
C3. Responses to complaints regarding noise;
C4. Attending meetings, conferences or seminars regarding noise abatement measures;
C5. Attending meetings, conferences or seminars regarding noise abatement measures;
C6. Study of new noise abatement measures;
C7. Study of new noise mitigation measures;
C8. Implementation of new noise abatement measures;
C9. Implementation of new noise mitigation measures;
C10. Applications or requests for federal funding or approval of new noise abatement measures; and
1C1. Applications or requests for federal funding or approval of new noise mitigation measures.
IV. Additional Requirements
A. The LA Dept. of Airports complete a Part 150 Study, acceptable to the FAA within the life of this variance.
B. The LA Dept. of Airports complete a Master Plan, acceptable to the community within the life of this variance.
C. The LA Dept. of Airports undertake a Part 161 Study to implement a 7:00 a.m. curfew on helicopter operations.
D. The LA Dept. of Airports begin rigorous enforcement of its 12,500 lb. weight limit on air taxis and charters.
E. The LA Dept. of Airports develop and effective telephone/fax noise complaint reporting system that includes follow up to both residents and the aircraft operators.
F. The LA Dept. of Airports begin a program to phase out Stage 2 jets from the airport within a five year period.
G. The LA Dept. of Airports place in effect a non-addition rule to preclude additional Stage 2 aircraft from joining the fleet.
H. The LA Dept. of Airports develop a plan to review all leases that come up for renewal to include a provision that excludes additional helicopters from joining the fleet.
I. The LA Dept. of Airports begin a program to implement hush kit installation on all aircraft operating at VNY.
J. The LA Dept. of Airports enter into agreements with the FAA tower and helicopter operators to preclude the use of the Basin arrival and departure route and to implement greater use of the Stagg St. route for helicopters. 5