STOP THENOISE

Courts rule Nuisance is a State Matter
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Mass Nuisance Lawsuit Settled
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Misinformation
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The Leffler Box 
 

STN is currently working with some folk in New Smyrna Beach, FL. It seems that the Orlando FSDO approved an aerobatic practice box without performing an Environmental Impact Assessment as required by FAA Order 8700.1 Chapter 48. The box is referred to as The Leffler Box as it is located over and near a private airfield named Leffler.

I say over and near because this box has a footprint that is a square with 2 nautical miles on a side. An aerobatic contest box is only one kilometer on a side. With a footprint of 4 square nautical miles, this box is 13.7 times the size of a competition box.

Now the good people of New Smyrna Beach have been reporting excessive noise from this aerobatics box to the local FSDO for years. The standard response has been that the box is perfectly legal, live with it or move. When STN was contacted last year about this, our first reaction was to ask "How could the box waiver application have been approved in the presence of all those complaints?" After all, the required environmental impact assessment should have included the many complaints from folks below or within earshot of the box. Well it turns out that there was no environmental assessment performed.

According to one resident, the FSDO manager claimed that an environmental assessment had been made and that no problems were found. Yet the person performing the assessment contacted neither this resident, her neighbors or the local government.

The resident filed a FOIA request to obtain a copy of the current box waiver. The FAA provided a copy that was incomplete. The waiver contained no inspector's field notes, no environmental assessment, and no page of special provisions which were referred to in the approved waiver. That the waiver is incomplete is of great concern. Either the FSDO did not deliver all of the material in response to the FOIA request, or the FSDO did not follow FAA procedures in approving the waiver application and preparing the waiver. Either of these is very serious. A second FOIA request has been filed to obtain the missing materials.

Further correspondence with the FSDO manager led to an admission that an Environmental Impact Assessment had not been performed. The reason given was that 'FAA Order 1050.1E Paragraph 312b provides that a categorical exclusion is appropriate for “Authorizations and waivers for infrequent or one-time actions, such as an airshow or aviation-related exposition, to include an aerobatic practice box or aerobatic contest box per FAA Order 8700.1, Chapter 48…” ' The FSDO manager is claiming that a 4 square mile aerobatics box established for a two year period qualifies for a categorical exclusion from environmental review because it is of an infrequent or one-time nature. Such a man should not be employed in any position of responsibility. Mr. Jeff Weller, the FAA's National Air Show Coordinator,  has stated that the categorical exclusion may only be sought for events lasting ten days or less. Mr. Weller should know - he writes the procedures.

If all this were not bad enough, pilots are using the box illegally. Before using the box a pilot is supposed to go through the waiver -holder to get permission and to notify Air Traffic Control so that a NOTAM (notice to airmen) can be issued warning other pilots of the aerobatics in the area. Calls to ATC indicated that they are aware of aerobatic flight but are not always receiving the required calls to activate the box thereby creating a serious safety hazard.

So why is this waiver still in effect? The waiver is incomplete. No environmental assessment was performed. Property owners are complaining. Uncontrolled and unauthorized use of the box is occurring. Any one of these should be sufficient reason to cancel the waiver. Yet FAA stubbornly refuses to do its job for the American people. FAA chooses to protect its pilot pals from the American people.

This box expires on 31 July 2007. It is likely that someone will apply for a new waiver. Even if FAA continues to drag its feet in canceling the current waiver, chances for a new waiver do not look very good if the people of New Smyrna Beach stand their ground.