CONTRACT 3503 Other3503 ..
BEFORE THE DEPARTMENT OF TRANSPORTATION
OF THE STATE OF CALIFORNIA
Regarding Variance Application of.
CITY OF LOS ANGELES,
DEPARTMENT OF AIRPORTS
FOR LOS ANGELES INTERNATIONAL AIRPORT (LAX).
Case No. L2004060244
STIPULATION REGARDING VARIANCE
Whereas,
1. In February 2004, the City of Los Angeles Department of Airports, also known as Los
Angeles World Airports ( "LAWA "), requested from the California Department of
Transportation ( "Caltrans ") a variance for Los Angeles International Airport ( "LAX ")
from the Noise Standards contained in California Code of Regulations ( "CCR "), title
21, subchapter 6. The County of Los Angeles, the City of Inglewood, the City of E1
Segundo, Mike Stevens and the Los Angeles International Airport Area Advisory
Committee ( "LAXAAC ") are intervenors and/or hearing requesters in the variance
proceeding.
2. LAX currently operates under a variance issued February 21, 2001.
3. LAWA, the County of Los Angeles, the City of Inglewood, the City of El Segundo,
Mike Stevens and LAXAAC (collectively, "the parties ") have determined that a
hearing in this proceeding can be avoided if Caltrans adopts a variance for LAX
consisting of the terms and conditions contained in this stipulation. The parties
further acknowledge and agree that the terms and conditions contained in this
stipulation are reasonable and will advance the purposes of subchapter 6 of title 21 of
the California Code of Regulations.
4. This variance does not impose any easement requirement over and above or different
from the requirements set forth in the Noise Standards, including, but not limited to,
title 21, section 5014, of the California Code of Regulations.
Now, therefore, the parties stipulate that Caltrans should grant the application of the City
of Los Angeles Department of Airports for a variance for LAX, subject to the following
terms and conditions:
The variance granted herein shall be for a period of three years from the effective date
of this order.
2. LAX shall continue to implement its Aircraft Noise Mitigation Program ( "ANMP ").
LAX, with the assistance of the affected jurisdictions, shall update the entire ANMP
from time to time to ensure that it reasonably represents the mitigation and funding
programs that are in place, being implemented, or proposed for future implementation.
The ANMP shall be designed to ultimately fund the mitigation of all incompatible
land uses within the noise impact boundary as defined in the state noise standards.
LAX shall use its best efforts to complete the acoustic treatment portion of the total
ANMP for all affected jurisdictions within ten years from the effective date of this
decision, although local programs may progress more or less quickly, based on the
capabilities of those affected jurisdictions. LAX shall use its best efforts to continue
to streamline its supplemental funding program application processes in order to
accelerate the disbursement of funds to local jurisdictions participating in the program.
3. LAX, with the assistance of the affected local jurisdictions, shall prepare an annual
update of the numbers and tabular information within the ANMP that show the total
annual funding available to each jurisdiction and the annual performance of each
jurisdiction in its efforts to achieve the mitigation of incompatible land uses. In the
event that a jurisdiction is unable or unwilling to assist LAX in updating this
information, LAX shall proceed using the best information available and shall
document the use of estimated information in the update. LAX shall include this
updated information with its second quarter "quarterly report" information that it
sends to the County of Los Angeles pursuant to the reporting requirements within the
state noise standards.
4. LAX shall continue in full force and effect, the implementation and enforcement of
the following existing noise abatement policies' to the extent of its authority:
a. No turns before the shoreline;
b. Over -ocean operations between 0000 and 0630, weather permitting;
1 These policies are articulated in the section of the LAX Rules and Regulations entitled "Aircraft Noise Abatement
Operating Procedures and Restrictions" dated December 4, 2000.
2
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C. Helicopter noise mitigation policies;
d. Preferential runway use policies;
Southwest buffer zone policies; and
f. Maintenance run -up curfew between 2300 and 0600.
5. To facilitate compliance with its "no turns before the shoreline" policy, LAX shall use
its best efforts to reduce the number of early turns by continuing to work with the
Federal Aviation Administration ( "FAA ") and pilots to address the various causes for
early turns. These efforts include, but are not limited to, those currently underway to
define the shoreline for north and south complex departures using specific radials
from the Santa Monica very high frequency omnidirectional range navigation aid
( "VOR ").
6. Within 45 days after the end of each calendar quarter year, LAX shall provide the
information to the County of Los Angeles that it needs to prepare its Quarterly
Reports of Noise Monitoring. LAX shall include a brief report regarding the
implementation of each of the conditions to this variance decision with the noise
monitoring information forwarded each quarter. With its second calendar quarter
information, LAX shall additionally include the information as described in Condition
3 above.
7. Concurrent with its submittal to Caltrans of any proposed new or modified noise
monitoring plan or system pursuant to title 21, CCR, section 5033, LAX shall provide
the County with a copy of its submittal for review and consideration. LAX shall
cooperate with the County in any reasonable request of the County for review or audit
of LAX's noise monitoring system for compliance with the requirements of the state
noise standards, consistent with section 21669.4(b) of the California Public Utilities
Code.
8. LAX shall include in each quarterly report tabular data and graphical illustrations
describing and comparing the level and type of usage for each runway at LAX during
the quarter. Specifically, the report shall include: (a) the average number of arrivals
and departures conducted daily in each direction on each runway during all hours and
during nighttime hours (10 pm - 7 am); and (b) the percentage of arrivals and
departures conducted on each runway in each direction during all hours and nighttime
hours (10 pm - 7 am). When and if such data becomes available, LAX shall also
include in its quarterly reports the average number of arrivals and departures
conducted daily by aircraft type (e.g., Boeing 747) or similar classification on each
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runway during all hours and during nighttime hours (10 pm - 7 am). Data used to
calculate the average numbers referenced above shall be retained for at least three
years and shall be made available to the public upon request. LAX shall also provide
the runway usage data contained in its quarterly reports to the FAA for the FAA's use
in monitoring air traffic runway usage that could potentially result in a shift in noise.
9. LAX shall continue to conduct nightly monitoring with respect to its maintenance run-
up curfew (2300 - 0600). LAX shall maintain records of its monitoring and
enforcement activities. LAX shall include in each quarterly report information
regarding monitoring and enforcement activities undertaken during the quarter.
Specifically, the report shall include: (a) a brief description of LAX's curfew
monitoring efforts; (b) the time, date and location of each curfew violation as well as
the company performing the maintenance run -up; and (c) follow -up and/or
enforcement actions taken by LAX in response to curfew violations.
10. This variance decision excuses LAX from meeting the requirement that there be no
noise impact area based upon the airport noise standards identified in title 21, CCR,
section 5012 for the term of the variance. However, in the event that LAX violates
any of the above terms or conditions, such conduct shall constitute a cause for the
termination or further conditioning of this variance. Also, pursuant to Public Utilities
Code sections 21699.2(a) and 21669.4(b) and title 21, CCR, section 5022, it's the
function of the county wherein the airport is located to enforce the state noise
regulations.
11. If and when the Airbus A380 commences operations at LAX, and the FAA updates its
integrated noise model to include data for the Airbus A380, LAX shall make available
noise measurement and model data for the A3 80 at LAX.
Dated u e ((' 1 2005 THE CITY OF LOS ANGELES
DEPARTMENT OF AIRPORTS
LOS ANGELES WORLD AIRPORTS
By:
M. Lynn l�
Deputy Ci
rd
ttorney
55U3.,.�
Dated `� iL 52005 THE CITY OF EL SEGUNDO
By:
Osa L. Armi
SHUTE, MIHALY & WEINBERGER LLP
Attorneys for the City of El Segundo
Dated �-, 2005 THE CITY OF INGLEWOOD
By: VO cc,�,I',�1. ��� c_ ►,tea neaa,c�
Barbara E. Lichman
CHEVALIER, ALLEN & LICHMAN, LLP
Attorneys for the City of Inglewood
Dated , 2005 THE COUNTY OF LOS ANGELES
By.
T o J. Fau hn n
Principal Dep ty Cou Counsel
Dated , 2005 MIKE STEVENS
Ey:
Mike Stevens
Dated /.Z ail 2005 LOS ANGELES INTERNATIONAL
-1 AIRPORT AREA ADVISORY COMMITTEE
B
Ja enton
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IT IS SO ORDERED this z- I day of 1 ;v , 2005
�
California Department of Transportation
This variance shall become effective , 2005.
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