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California city council formally bans touch-and-go landings despite warnings from aviation groups

Photo from the City of Torrance GovernmentThe Torrance City Council formally banned touch-and-go landings at the Zamperini Field Airport (TOA) in a 5-1 vote during a meeting on Jan. 23. The subject will return for a second reading and formal adoption on Tuesday and if adopted, it would go into effect on March 8. The City Council has long discussed the possibility of banning touch-and-go operations and restricting back taxis and low approaches, previously voting to adopt the ban in a unanimous 5-0 vote on Oct. 17. The recent vote, with one abstention, amplifies concerns voiced by citizens over increased flight activity and noise, while concern from aviation groups has fallen on deaf ears. The AOPA has continued to speak out, sharing how concerning the new action, as well as past actions, were on operations, and what it could mean for safety. Another concern is the authority the Torrance City Council has to ban such operations and possible conflicts with FAA authority.RELATED STORY:California city council bans touch-and-go landings at airport, aviation groups question legal authority "Substantial air safety issues are implicated when state or local governments attempt to regulate the operation of aircraft," the AOPA said in a letter to Torrance City attorney Patrick Sullivan. "The general balance between Federal and state authority in the context of aviation regulation is well established. The Federal Aviation Administration has the exclusive authority to regulate aviation safety and the efficient use of the airspace by aircraft. Attempts by state and local governments to regulate in those fields are preempted." A letter from the AOPA, GAMA, NATA, NBAA and FAA officials on Sept. 8, 2023 shared initial concerns, letting the City Council know they had no legal authority to continue with the planned restrictions. "The City cannot regulate an aircraft in flight that is compliant with federal law and regulations, even for noise abatement purposes," the letter said. The letter also opposed the implementation of airport landing gees, the phaseout of leaded gas within one year (without an available unleaded alternative), the enforcement of early left turn violations, and a ban on training operations on weekends and recognized holidays. Attached to the letter was correspondence with the FAA, reiterating that state and local governments do not have the proper authority to regulate the airspace. "Enforcement of the provision would be at odds with various court opinions," the FAA said. "As noted, state and local governments lack the authority to regulate airspace use, management and efficiency; air traffic control; and aircraft noise at its source. Federal courts have found that a navigable airspace free from inconsistent state and local restrictions is essential to the maintenance of a safe and sound air transportation system." Flight activity increased by over 55 percent in the last two years, according to Take Back Torrance Airport. A coalition of concerned citizens stressed that there was no attempt being made to shut down the airport, but rather address issues in recent years as a result of increased traffic and finding solutions to the pressing issues. A group of roughly 1,000 citizens signed a petition in 2022, demanding the Council take action on the pollution, safety and noise issues created by the current airport operations. The Coalition for Torrance Airport Reform wanted to end flight training over residential areas, reduce airport operations to 2010-2022 averages, improve the enforcement of noise violations, eliminate lead from airport fuel and improve management. Locals argued that the airport had been overtaken by flight schools, increasing the noise and pollution. The opposition argues that flight patterns have changed and with that change, the city stopped enforcing a 70-year-old law that made early turns over residential areas a noise violation. The residents alleged that most of the increased traffic comes from flight schools performing touch-and-go training loops over residential areas, reportedly conflicting with helicopter arrival and departure routes. During a meeting in July 2023, the city voted to modify touch and go operational hours to only Monday to Friday from 10 a.m. to 6 p.m. and to not allow touch and goes on city-observed holidays. At the Jan. 23 meeting the City Council approved Ordinance No. 3929 to prohibit touch-and-go operations entirely and continue the time restrictions for taxi-backs and low approaches. In addition, the Council reviewed the feasibility of conducting a Land Use Study to evaluate TOA for its "highest and best use," but opted against initiating a study at this time. The city acknowledged TOA's significance in the community and said the current focus was to enhance the equilibrium of airport operations and work towards a peaceful coexistence between locals and airport users. Starting Feb. 1, a landing fee is charged to any individual or entity landing at TOA. The Landing fee is $3.00 per 1,000 pounds for all aircraft weights with a minimum $6.00 charge per landing and includes both fixed-wing and rotary-wing aircraft. Military, public safety and medical operations are exempt from landing fees. Landings on private helipads operated and maintained by a leaseholder to a lease with the City of Torrance are also exempt from fees. The city underwent a noise study in 2023, beginning in September and finishing in December. The results of the study will be shared at the Tuesday meeting. Staff are researching the feasibility of phasing out leaded gas, hoping to provide an update to the Council within the year. This update will include options for providers to sell FAA-approved unleaded gas. TOA staff are communicating with flight schools to discuss signatories of the approved voluntary Letter of Agreement between the City of Torrance and the schools. The community webinar with the FAA, initially scheduled for early 2024, has been canceled. Many of these motions were voted on in the July 25th council meeting to help alleviate noise around the airport. Other initiatives include implementing landing fees for all transient aircraft and flight schools with fleets of three or more, enforcing Resolution 77-215 to allow a maximum of six flight schools and sending a letter of cooperation to the FAA regarding concerns around the operations at TOA.Many communities across the country are fighting back against noise from airport operations, pushing for bans on certain types of aircraft or operations. Naples Airport has battled with locals for years, conducting its first noise study in decades in 2023 and conducting a relocation feasibility study in October to find a possible new home for the airport amidst noise complaints and growth restrictions. As airport operations grow, so do the nearby communities. Some residential areas are built around a preexisting airport or airstrip and to some, the sound of planes flying low overhead is not the neighborly welcome they were seeking.RELATED STORIES:Naples Airport considers relocation due to noise complaints, growth restrictionsNaples airport conducting first noise study in over 20 yearsEast Hampton Airport seeks compromise after long battle with communityThe East Hampton Town Airport (JPX) has endured an ongoing battle between locals and pilots, with the town fighting for control over the airport to cut down on traffic and noise, and an attempted closure to reopen as a private facility days later. The town was later held in civil contempt for violating a temporary restraining order that directed the town against converting the airport and imposing flight restrictions. The judge found that the town had acted beyond its legal abilities. The Torrance proposal conflicts with FAA authority over airport operations like takeoffs, landings, touch and go's, stop and go's and low approaches. The AOPA argues that the FAA has sole jurisdiction over these flight operations and as a result, would be the sole entity able to ban such practices. The city will meet Tuesday to officially adopt the ordinance banning touch-and-go operations and restricting back-taxi and low approaches and if approved, it will go into effect on March, 8.
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