To: Parties Interested in Airport Noise

From: Gerald A. Silver
      Pres. Homeowners of Encino (HOME)
      National Helicopter Noise Coalition (NHNC)
      Stop the Noise! Coalition (STN)

Subject: FAA'S AUTHORITY CHALLENGED BY ISLIP AIRPORT

The town of Islip in Suffolk County, NY has seen fit to challenge the heavy
hand of the FAA. It appears that the Islip [MacArthur Airport], placed a
landing curfew on aircraft long before ANCA was placed in effect [Oct. 1, 1990].

Islip then decided to put some teeth in their ordinance. The town council
then established a $50,000 fee when planes landed after curfew hours.

Naturally the FAA complained, but Islip held to their guns. The town is now
awaiting a "clear, unequivocal determination of the FAA's position on this
specific ordinance since [it] would clearly weigh heavily in any course of
action upon which the town may embark.

The moral of this news story is that local communities can STAND UP TO THE
DICTATORIAL AND OVER-REACHING HAND OF THE FAA.

Maybe it is time that other communities stand up to the FAA, and assert
their "proprietor rights", granted to local airports by Congress.

If you want to contact the Town of Islip: http://www.co.suffolk.ny.us/islip.html

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Community News
 
Suffolk Life Newspapers 2001 - November 7, 2001
 
MacArthur Fines Are Focus Of Proposal
 
By Lena Pennino November 07, 2001

The town of Islip and the Federal Aviation Administration are in discussions
to "resolve" a dispute involving the town charging a $50,000 fee when planes
land at MacArthur Airport after designated hours.
 
On September 10, the town board unanimously passed a proposal to levy the
hefty late fees, in response to frequent resident complaints about planes
landing or leaving between 11 p.m. and 6:30 a.m., which violates local noise
restrictions.

"The town has an ongoing commitment to keep MacArthur Airport as a good
neighbor," the resolution stated. It was passed "to promote an environment
free from unreasonably loud, disturbing and unnecessary early morning and
late evening noise deemed to be detrimental to the life, health, welfare,
safety and good order of the people," according to the town document.

The $50,000 fee would be charged on a case-by-case basis. The town could
waive the fees of planes landing late because of operating problems and
hazardous weather conditions.

In the aftermath of the September 11 attacks, this late fee has yet to be
charged. Town attorney Vincent Messina, Jr. is unaware that any planes have
violated the town policy since the ordinance was passed. According to a
letter sent by an FAA official, the FAA wants to ensure that the fees are
never charged and hints that the airport could lose federal funding if
charges are levied.

A spokesperson for the FAA insisted that because "airports accept federal
funding [they] must assure unfettered access to the airport at any time,"
stated FAA representative Jim Peters. "There is no such thing as a
deterrent. All airports are open 24 hours a day."

Across the country, the FAA has seen this "same movement restrict access to
airports at certain hours."

Deputy associate administrator of the FAA, Paul Galis asked the town for a
"commitment" to "rescind or permanently not enforce" the noise ordinance.
The FAA official claimed that the fee is "prohibited." In 1990, Congress
passed an Airport Noise and Capacity Act. Along with trying to manage the
increasing noise of airports, the act recognized that airports with
"inconsistent restrictions on aviation could impede the national air
transportation systems."

Instead of each airport establishing its own restrictions, Congress wished
to bring the airport rules into a national uniformity, while considering the
local people in the country-wide response. For example, since the 1990 act,
airlines have been replacing their older jets with planes that have quieter
engines. The FAA also is redesigning its airspace.

Since the Airport Noise and Capacity Act was passed, Islip has claimed
immunity because their local noise airport restrictions were in place before
the national act was passed, hence the town's restrictions are grandfathered
in. But Galis disagrees that the new fee is part of the grandfathered
restrictions.

The town maintains that the ordinance is in "full effect." Islip town
"believes their actions are legal and proper to protect the health, welfare
and safety of the public," stated Messina.

The town is awaiting a "clear, unequivocal determination of the FAA's
position on this specific ordinance since [it] would clearly weigh heavily
in any course of action upon which the town may embark," stated Messina.
 
©Suffolk Life Newspapers 2001