LAWA is pursuing a phaseout of noisier aircraft operating at VNY in a separate process that parallels the Part 161 Study. This phaseout takes advantage of a provision of Part 161 that exempts or “grandfathers� certain restrictions.

Basis for Grandfathered Phaseout

As discussed in the overview of Part 161, the regulation does not apply to restrictions on Stage 2 aircraft operations proposed before October 2, 1990. This so-called “grandfather� provision is important at VNY, because on June 13, 1990, the Board of Airport Commissioners adopted Resolution 17154 which proposed, in part, a staged phaseout of noisier aircraft, based on departure noise levels published in FAA Advisory Circular (AC) 36-3, according to the following schedule:

• January 1, 1991: No aircraft may arrive or departure the airport whose AC 36-3 takeoff noise level equals or exceeds 85 dBA.
• January 1, 1993: No aircraft may arrive or departure the airport whose AC 36-3 takeoff noise level equals or exceeds 83 dBA.
• January 1, 1996: No aircraft may arrive or departure the airport whose AC 36-3 takeoff noise level equals or exceeds 80 dBA.
• January 1, 1998: No aircraft may arrive or departure the airport whose AC 36-3 takeoff noise level equals or exceeds 77 dBA.

Because this regulation was proposed over five months before the October 1990 grandfather provision cutoff, LAWA may implement this regulation without undertaking a Part 161 study and related notice, as long as the regulation as adopted is no more stringent than the original proposal.

Resolution 17154 also proposed two additional noise regulations:

• The VNY “non-addition ruleâ€�
• Extension of the existing 11 pm – 7 am curfew on noisier departures to 10 pm to 7 am.

These two rules are summarized on the VNY Noise Management website.

At its meeting on April 17, 2006, the Board readopted Resolution 17154 regarding the seven-year phaseout of noisier aircraft. It also directed the Executive Director and City Attorney to report on three items:

• A plan for pursuing the grandfathered phaseout independent of the Part 161 Study.
• The status of the Part 161 Study.
• The status of noise regulations adopted in Resolution 17154.

Based on the staff report, which is available here, the Board directed staff to pursue the grandfathered phaseout in parallel with the Part 161 Study.