U.S. Department ofTransportation Federal Aviation Administration 800 Independence Ave .•S.W. Washington. D.C. 20591

April 21, 2008 

### EXHIBIT 

# I ../-/81 

# 7q Mr. Robert Trimborn Airport Manager Santa Monica Municipal Airport 3223 Donald Douglas Loop S. Santa Monica, CA 90405

RE: Santa Monica Municipal Airport

- City Ban on Category C and DAircraft

Dear Mr. Trimborn:

You have advised aeronautical users ofSanta Monica Municipal Airport (SMO) by letter, dated April 14, 2008, that pursuant to aMarch 25, 2008 City Ordinance, Category C and D aircraft operations are prohibited at SMO effective as ofThursday April 24. Your letter further advises that operators of those aircraft will be subject to misdemeanor prosecutions, fines and possible jail sentences for violating the Ordinance. We have discussed this matter with the airport and with the Santa Monica City Council on anumber ofoccasions and, as you know, the subject ofthe legality ofthe Ordinance is now part ofan on-going FAA proceeding. While we have not yet concluded that proceeding, our initial view, as we have previously communicated to you, isthat the City's ban on operation ofthese aircraft is unlawful. Accordingly, itisour view that the Ordinance cannot be allowed to go into effect, particularly while the FAA's proceeding isongoing.

The legality ofthe ban on Category C and D aircraft at SMO isbefore the FAA pursuant to aNotice of Investigation under 14C.F.R. Part 16. OnMarch 26, 2008, one day after the City adopted the new Ordinance imposing the ban, the FAA moved to expedite the Part 16proceedings, which until that time were stayed bythe parties' attempts atnegotiation. Presently, we are near to completing the initial determination but the administrative process may extend for some additional time

SMO maintains that Category C and D aircraft presently represent approximately 9,000 aircraft operations or 7%oftotal annual aircraft operations. SMO is animportant general aviation reliever for Los Angeles International Airport (LAX) in aregional airspace and airport system that is already taxed in terms ofavailable airports. Furthermore, Category C and D aircraft operations have been landing and taking-off safely from SMO for over twenty years. There isno emergency requiring an immediate ban, and there is no basis for achange inthe status quo that would barthese operations.

Your enforcement ofthe Ordinance on April 24, 2008, can only be interpreted as an attempt to divest the FAA ofitsjurisdiction over its administrative process to which the City, as afederally obligated airport, must adhere. Moreover, your attempted enforcement ofthe City's Ordinance also suggests a complete disregard forthe FAA's authority and responsibility as the final arbiter ofaviation safety in the National Air Transportation System.

### The FAA cannot countenance enforcement ofthe Ordinance under these circumstances while the

administrative proceeding isunderway. Therefore, the FAA requests that, by close ofbusiness Tuesday April 22, 2008, you withdraw your letter tothe aeronautical users and assure the FAA and those users inwriting that the City will refrain from enforcing the ban on Category C and D aircraft operations pending the outcome ofthe Part 16administrative proceeding. Please provide this office with acopy ofyour withdrawal letter by close ofbusiness Tuesday April 22, 2008.

Should the City fail tocomply with this request, the FAA will issue acease and desist order requiring the City not to enforce the Ordinance inorder topreserve the status quo. Inthe event that, for whatever reason, the City does not comply with an FAA cease and desist order, we will pursue appropriate remedies through allmeans available.

Sincerely,

~~ 

### Acting Director Office ofAirport Safety and Standards