5873-84 Urge USDOT to refuse exemtion of aircraft noise

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RESOLUTION 5873-84 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling A Resolution urging the. U.S. Department of Transportation"and the Federal Administration to refuse to consider any current or future petition for exemption of the noise level on aircraft, and declaring an emergency. WHEREAS, in December 1976, the F.A.A. issued Subpart E of Part.. 91 of the Federal Aviation Regulations (14CFR91) which prescribes noise limits for U.S. registered civil subsonic aircraft with maximum weights over 75,000 pounds and holding standard airworthiness certificates. These requirements prohibit domestic operation: in the United States of affected aircraft after specified dates, with full compliance by January 1, 1985;and, WHEREAS, i.n November 1980,`the F_:A.A. issued a fanal.rul~, wh"ich'adapted Title III of the Aviation Safety and Noise Abatement Act of 1979, to extend these same noise compliance to all operators of said aircraft in the Uhited States, whether U.S. or foreign-registered. This rule also provided for exemptions to extend the compliance deadline for two-engine airplanes to January 1, 1985 (for over 100 seats) or to January 1, 1988 (for 100 or fewer seats) as protection for essential air,servicei.to small co'mmunii;es;an~, WHEREAS, Surplus aircraft, have been acquired by small carriers, charter operators and operators in other countries at "bargain" prices with full knowledge that the aircraft would be non-compliant on January 1, 1985;and, NOW THEREFORE, BE IT RESOLVED by the Council of the' City of Lakewood,State of Ohio, that: Section 1. The Council of the City of Lakewood strongly urges that the U.S. Department of Transportation and the Federal Aviation Administration refuse to grant any exemption to the cease-operation date of January 1, 1985 for aircraft that does not comply with Federal Aviation Regulations, Section 2. The 01erk of 6ouriicl is directed to forward.a Certified Copy of this Resolution to Senators John Glenn, Howard Metzenbaum; Congressman Feighan, Department of Transportation, and The Federal Aviation Administration. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section 4. This Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety, and welfare of the Municipality and the inhabitants therof, such emergency existing for the further reason that the people residing near U.S.,airports have been noise-.impacted by these aircrafts for many years and any exemption would prolong that agony for several more years; therfore, this Resolution shall take effect and be inforced immediately from and after its passage and. approval by the Mayor. Adopted: PRES. ENT Approve ~ ~ YOR