Beachwood Canyon Neighborhood Association 

323-462-BCNA (2262) BeachwoodCanyon.org 

Info@BeachwoodCanyon.org 

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November 18, 2011 

Docket Management Facility 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

Re: Docket No. FAA-2010-0188 

Petition for Reconsideration of Docket No. FAA-2010-0188 

We request that our petition be reconsidered based on the following: 

Our petition is not only about "flight restrictions for the purpose of reducing aircraft 

noise in their neighborhood". Our petition raises a safety concern based on the fact that 

helicopters flying lower than 2,000 agl have resulted in two fatal accidents in the Mt. 

Lee area. One accident was the result of not having the time needed to make a 

safe emergency landing and the other was a result of flying into an obstacle at an 

extremely low altitude. Our petition gave a brief overview of the crash in Ferndell of an 

emergency vehicle having mechanical failure but lacking a safe place to land. That crash took 

place on March 23,1998. 

1) We have a significant additional fact that we did not present in the original petition. 

We have just learned that there was another crash in January 14th, 1995. Flying too low 

with very little visibility caused this commuter (dinner flight) helicopter to get caught in 

wires of the 101 Freeway. The pilot and co-pilot perished with the two passengers 

sustaining critical injuries. 

2) Accident Data: 

a) Crash of 1995: According to the NTSB Factual Report, "The available recorded radar 

data showed that the helicopter departed Burbank in a southerly direction and initially 

climbed to 900 feet msl (about 225 feet above the ground). At 1942:35 hours, the helicopter climbed to 1,000 feet msl and maintained that altitude until 1944:12 hours (the 

last radar acquisition target). The available radar data showed that ttie helicopter maintained a southerly course. TTie last radar target was about 7 miles south of Burbank Airport." 
BCNA Petition for Reconsideration ofSFAR 

Novemtter 18, 2011 

Page 2 of 3 

According to the NTSB Brief of Accident, "The helicopter continued southbound until it 

collided with high voltage transmission wires about 150 ft agl. Radar data showed that 

the helicopter did not climb more than 300 ft above the ground after departure." 

b) Crash of 1998: According to the NTSB Full Narrative, "the pilot flew in a south-southeasterly direction past the Burbank Airport while climbing and leveling off between 1,900 

and 2,100 mean sea level (msl)." This path took it over the ridgeline east of Mt. Lee 

where the elevation is 1,400 feet msl. The aircraft was about 600 feet above ground level 

(agl). Although emergency helicopters are exempt from the proposed rule, a nonemergency helicopter in this same environment would not have been permitted to fly at 

such a dangerously low elevation. According to the NTSB Brief of the Accident, Finding 

10 (F) Terrain Conditions - None Suitable: "Factors were the lack of suitable terrain to 

perform a forced landing..." 

c) Sensitive Fire Area: The 1998 crash occured in a landscaped area of Griffith Park but if 

it had come down in a brush area of the park, which is 90% of the total area of the park, 

the fuel in the helicopter could have caused a rapidly spreading, dangerous brush fire 

such as occured on two previous occasions. 

In a 1961 fire in Griffith Park, 814 acres were burned. The fire caused the loss of 8 

homes and damaged 9 more in a neighboring residential area. In a 2007 fire, 817 acres 

were burned. In both cases, this represented approximately 19% of the park. 

Attached is a map of the burn area from the 2007 fire. The following link will illustrate 

the extent of the 2007 Griffith Park fire: 

http://cartifact.com/webmaps/griffithfire/index.shtml 

Conclusion: Both fatal helicopter accidents were the result of them flying too low. One 

was too low to attempt and achieve a safe emergency landing and one ran into an 

obstruction. If helicopters had been flying at a higher altitude, it would have been unlikely that either would have resulted in a fatality. It was a matter of good fortune that 

neither occured in the sensitive brush area of Griffith Park. 

3) Noise: Noise regulation legislation has advanced even further in Congress since 

the time that we originally submitted our petition. Senator Schumer has successfully 

amended the FAA reauthorization bill to include a 2,000-foot minimum altitude agl flight 

rule for Long Island with a one-year limit. There is even less reason now to delay rule 

making for helicopter flights. Regarding 14 CFR 11.73 (2), the fact that there will be 

a one year limit will make the proposed flight rule a priority over other FAA issues. Regarding 14 CFR 11.73 (3), it is no longer a matter of lack of resources to address these 
BCNA Petition for Reconsideration ofSFAR 

Novemtfer 18, 2011 

Page 3 of 3 

issues. The legislation will require that rule making proceed in an expeditious manner. 

4) Our request was NOT to amend an existing flight rule SFAR 50 but rather to initiate a new flight 

rule suited to regulating helicopter flights over an urban area. 

5) Correction: Our name is spelled wrong in your letter of denial, "Beechwood" should be corrected to read ''Beachwood". 

6) Support: Please note that there is considerable and wide-spread support for this proposed rule 

among all neighborhood association, community interest groups, and leaders of various levels of 

government. We will be sending additional letters of support as we receive them. The following 

have expressed support for our petition: 

Argyle Civic Association 

Assemblymember Mike Feuer 

Beachwood Canyon Neighborhood Association 

Congressman Adam Schiff 

County Supervisor Zev Yaroslavsky 

Friends of Griffith Park 

Hollywood Dell Civic Association 

Hollywood Knolls Neighborhood Association 

Hollywoodland Homeowners Association 

Hollywood United Neighborhood Council 

Lake Hollywood Homeowners Association 

Los Angeles Philharmonic Association 

Murray Hill Association 

Van Nuys Airport Citizens Advisory Council 

Respectfully submitted. 

Fran Reichenbach 

President 

George Abrahams 

Tourism Committee Chair 
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APPROPRIATtON S COMMITTE E 

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Dennis E. Roberts 

ADA M B. SCHIFF 

29T H DISTRICT, CAI iroRNiA 

November 22, 2011 

WASHINGTON OFFICE. 

[ ^ 2447 RAYBUB N HOUSE OFFICE BUILDING 

WASHINGTON , DC 20515 

(202)225-4176 

FAX: {2021 225-5828 

DISTRICT OFFICE-

|~j 87 NORTH RAYMON D AVENUE 

Suiic 800 

PASADENA, CA91103 

(626)304-2727 

FAX: (626) 3CM-0572 

E MAI L VIA WEB ADontES AT 

www.hDuse.gov/schiH 

Director of Airspace Services 

Air Traffic Organization 

Federal Aviation Administration 

800 Independence Ave. S.W 

Washington, D.C. 20591 

Petition for Reconsideration of Docket No. FAA-2010-0188 

Dear Mr. Roberts, 

As you know, earlier this year the Federal Aviation Administration's (FAA) Air Traffic 

Organization division rejected the Beachwood Canyon Neighborhood Association's (BCNA) 

request for a minimum altitude of 2,000 feet above ground level for all non-emergency fixed 

wing and helicopter traffic in the Mount Lee area of greater Los Angeles. BCNA has now 

appealed the previous decision and I urge the Air Traffic Organization to reverse their earlier 

decision and establish a minimum altitude of 2,000 feet above the ground. 

The recent and significant increase in the use of non-emergency helicopters in the Mount Lee 

area raises several concerns. First are the obvious safety issues that arise fi^om flying in a 

densely-populated urban community. There have been two fatal helicopter accidents in the last 

15 years within the proposed boundary are, which were the result of flying at a low elevation 

with no safe place to land. Second, residents in and around Mount Lee have had their daily lives 

interrupted by hehcopters that fly so low that they rattle windows and wake residents up in the 

middle of the night. 

Lastly, low-flying helicopters within the proposed boundary area have also greatly disrupted 

some of California's most important cultural institutions. Outdoor performances at the 

Hollywood Bowl and the John Anson Ford Theater have been repeatedly interrupted by 

helicopters, despite visual warning at the Hollywood Bowl and promises fi-om helicopter 

operators in the Los Angeles area to fly finendly. Additionally, helicopter traffic has disturbed 

visitors to Griffith Park and could have devastating effects on the animals that inhabit the nearby 

Los Angeles Zoo. 

Low flying helicopters in the Mount Lee are clearly a threat to public safety, a high quality of 

life for area residents and the enjoyment of visitors* and tourist' to many of Southern 

California's cultural treasures. A minimum altitude of 2,000 feet above ground level for all nonTHIS STATIONERY PRINTED O N PAPEfl MADE OF RECYCLED FIBERS 
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emergency fixed wing and helicopter traffic in the Mount Lee area of greater Los Angeles is 

needed and should be implemented as soon as feasibly possible. I request that the Air Traffic 

Organization division reverse their earlier decision and initiate a process to design and employ a 

minimum altitude of 2,000 feet above the ground in the area. 

incerely, 

Adam B. 

Member of 
CAPITOL OFFICE A g S^Jtllll U C"*'" 

STATE CAPITOL C ^ JUDICIARY COMMITTEE 

SACRAMEN??'CA'9':I49.OO42 Caltfnrn m |I^gtsIatur ^ B?S'G'^7'" 

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DISTRICT OFFICE V^S^ V BUDGET SUBCOMMITTEE #5 ON 

9200 W. SUNSET BLVD., SUITE #1212 ^^^^ / p, ,R, ,p CAppTY 

WEST HOLLYWOOD. CA 90069 ** , J^^ , rc u 

(310)285-5490 MIKE FEUER 

(818) 902-0521 MAJOHITV POUCY LEADER 

FAX (310) 285-5499 ASSEMBLYMEMBER. FORTY-SECOND DISTRICT 

November 21, 2011 

Dennis E. Roberts 

Director of Airspace Services 

Air Traffic Organization 

U.S. Department of Transportation 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington. D.C. 20591 

Dear Mr. Roberts: 

I write in support of Beachwood Canyon Neighborhood Association's petition for a Special Federal 

Aviation Regulation (SFAR) for the Mount Lee area in Hollywood (Los Angeles. California). This district 

contains the Hollywood sign and facilities such as the Hollywood Bowl. As you know, the FAA has 

exclusive authority over this matter and the State of California is preempted from adopting altitude and 

flight path regulations. I therefore am troubled by the initial response from the FAA that the agency will 

not act because of insufficient resources. While I know well the resource constraints currently faced by all 

levels of government, this is a longstanding issue and the current lack of sufficient regulations poses a 

public safety risk, negatively affects the residential community, and diminishes the enjoyment of cultural 

facilities for residents and visitors. 

The matter of helicopter noise and safety is a countywide problem in Los Angeles and regulatory action is 

needed. That is why I was joined by 17 of my colleagues in the California Legislature in sending a letter 

of support for pending legislation, H.R. 2677, The Los Angeles Residential Helicopter Noise Relief Act of 

2011. The degree of support for this legislation-from the County of Los Angeles, local elected officials, 

and community and neighborhood associations-illustrates the depth of concern and widespread support 

for FAA action. 

I urge the FAA to use existing regulatory authority to address these issues in the Mount Lee area by 

approving the revised petition submitted by the Beachwood Canyon Neighborhood Association. I would 

welcome a partnership between the FAA and the constituents I represent, and look fonward to your 

response. 

Mik4 Feuer, 

Assembly member, 42nd District 

CC: Honorable Dianne Felnstein, United States Senator 

Honorable Barbara Boxer, United States Senator 

Honorable Howard Berman, Member of Congress 

Honorable Brad Sherman, Member of Congress 

Honorable Henrv Waxman, Member of Congress 

Honorable Adam Schiff, Member of Congress 

Beachwood Canyon Neighborhood Association 

The 42nd Assembly District includes all or parts of the city o( Los Angeles neighborhoods ot Sherman Oaks. 

Studio City, North Hollywood, Valley Vpllage. Valley Glen, Toluca Lake, Universal City, 

Gnllith Park, West Los Angeles, Brentwood, Bel Air, Holmby Hills, Beverly Glen, Weslwood, Century City, Hollywood. 

Fairlax, Hancock Park, Los Feliz. and the cities of Beverly Hills and West Hollywood. 

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Printed on Recycled Pacer 
BOARD OF SUPERVISORS 

COUNTY OF LOS ANGELES 

B21 KENNETH HAHN HALL o f ADMINISTRATION 

"; ' 500 WESr TEMPLE STREET / LOS ANGELES. CALIFORNIA 90012 

'\ >r •••.;' ;;-•- ; PHONE (213) 974-3533 / FAX [213 ) 625-7360 

. '^^.- r i!. 4. zevi@tioslacounty.gov ' httpJ/zev.lacounty.gov 

ZEV YAROSLAVSKY 

SUPERVISOR THIRD DISTRICT 

November 15, 2011 

Dennis E. Roberts 

Director of Airspace Services 

Air Traffic Organization 

U. S. Department of Transportation 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington. DC 20591 

Dear Mr. Roberts: 

I am writing to you to express my support for the Beachwood Canyon Neighborhood 

Association petition for a Special Federal Aviation Regulation (SFAR) to set a minimum 

altitude of 2,000 feet above ground level for all non-emergency fixed-wing and 

helicopter traffic in the Mount Lee area. 

There have been two fatal helicopter accidents in the last 15 years within the boundary 

specified in the petition. Both accidents were the result of flying at a low elevation and 

with no safe place to land. 

Two of Los Angeles County's culturally important and sensitive to aircraft noise outdoor 

venues, the Hollywood Bowl and the John Anson Ford Theater, are located within the 

boundary specified in the petition. Despite visual signals at the Hollywood Bowl and 

promises from helicopter operators in the Los Angeles area to fly friendly, performances 

of the Los Angeles Philharmonic Orchestra have been disturbed on a regular basis, 

sometimes several times in the same performance. 

Legislation is now moving forward in both houses of Congress that will require the 

Administrator of the Federal Aviation Administration to issue regulations for helicopter 

operations within one year. It is to everyone's advantage that this process begin now. I 

ask that you not dismiss the Beachwood Canyon Neighborhood Association petition and 

that you move it fonward to the njle making phase. 

Sincerely, 

ZEV YAROSLAVSKY! 

Supervl^br, Third District 
: 

Argyle Civic Association 

2018 N. Vine Street, Hollywood, CA 90068 

Fran Reichenbach 

Beachwood Canyon Neighborhood Association 

2751 Westshire Drive 

Los Angeles, CA 90068 

November 15,2011 

Dear Fran: 

The board of directors of the Argyle Civic Association unanimously supports the Beachwood Canyon 

Neighborhood Association petition for a Special Fedoal Aviation Regulation (SFAR) to set a 2,000 foot 

above ground level minimum altitude for all non-emergency fixed-wing and helicopter traffic in the Mt 

Lee area. 

Sincerely, 

George Abrahams 

President. Argyle Civic Association 
October 16, 2011 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue SE 

West Building Ground Floor 

Room Wl 2-140 

Wastilngton, DC 20590 

Re: Petition for Special Federal Aviation Regulation (SFAR) for the Mount Lee Area 

To Whom It May Concern; 

The Hollywood Dell Civic Association, which represents 1,100 residences In the Hollywood Dell, Is 

In complete support of the Beachwood Conyon Association petition for a Special Federal 

Aviation Regulation (SFAR) to set a 2,000-foot above ground level minimum altitude for nonemergency fixed wing and helicopter traffic In the Mt. Lee Area. 

One of the fundamental objectives of the HDCA Is to identify Issues or concerns that affect the 

quality of life In our area. The Hollywood Dell's proximity to the 101 freeway / Cohuenga Pass, 

the Hollywood Bowl, the Hollywood Reservoir and the Hollywood sign, has rendered the airspace 

above our nelghbortiood a heavily used zone for air traffic. Low flying fixed wing and helicopter 

traffic in this area has grown to excessive proportions, creating noise pollution, disrupting the 

peaceful enjoyment of the neighborhood by residents and raising concerns regarding safety. 

Currently there are no regulations In place to define a minimum altitude for non-emergency, 

helicopters used for commuting or tourism businesses. 

Thank you in advance for your support of this very Important matter to our neighborhood. 

PattI Negri 

HDCA President 

Teni Gerger 

HDCA Treasurer 

Justin Walker 

HDCA Vice President 

Alexo lies Skorpelos 

HDCA Secretary 

HDCA P.O. Box 90394 Hollywoo d CA 90093 

www.hollywooddell.co m 
November 8, 2011 

Mr. Berman: 

Whereas, low flying fixed-wing and helicopter traffic in the Mt. Lee Area has grown to 

excessive proportion: and. 

Whereas, low flying fixed-wing and helicopter traffic in the Mt. Lee Area has created 

noise pollution, impacted the peaceful enjoyment and quality of life of individuals, 

increased concerns regarding safety, and is an invasion of privacy with limited 

accountability: and, 

Whereas, there are currently no regulations in place to regulate the minimum altitude of 

non-emergency helicopters using our airspace for the commuting and tourist businesses; 

Now, therefore, be it resolved that the Lake Hollywood Homeowners Association 

supports the Beachwood Canyon Neighborhood Association petition for a Special 

Federal Aviation Regulation (SFAR) to set a 2,000 feet above ground level minimum 

altitude for non-emergency fixed-wing and helicopter traffic in the Mt. Lee Area. 

Respectfully, 

Lake Hollywood Homeowners Association Board 

President: Toby Berkow 

Vice President: Chip Matthews 

Secretary: Tom Workman 

Treasurer: Andy Corrigan 

Member: John Balasz 
Murray Hill Homeowner's Association 1900 Vine Street Los Angeles CA 90066 

October 31, 2011 

Dear, 

The Murray Hill Homeowner's Association supports the efforts to get a Special Federal 

Aviation Regulation (SFAR) to limit helicopter elevation to 2,000 feet above ground level 

(AGL) in our neighborhood. 

Our homeowners believe that the low flying fixed-wing and helicopter traffic in the Mt. 

Lee area has grown to excessive proportions and has certainly impacted our 

community. The low flying fixed-wing and helicopter traffic has created so much noise 

pollution which has impacted the peaceful enjoyment and quality of life of our residents 

and has also increased our concerns regarding safety and privacy. The low flying 

helicopter is an invasion of privacy with limited accountability. 

We would like to see regulations put into place to regulate the minimum altitude of nonemergency helicopters using our airspace for their commuting and tourist businesses. 

Now, therefor, be it resolved that the Murray Hill Homeowner's Association supports the 

Beachwood Canyon Neighborhood Association petition for a Special Federal Aviation 

Regulation (SFAR) to set a 2,000 feet above ground level minimum altitude for nonemergency fixed-wing and helicopter traffic in the Mt. Lee area. Thank you. 

Regards, 

Gretchen Landau 

President 

Murray Hill HOA Board 
Nov 9 - Support promise from HHA 

From: 

"sschw56079@aol.com" <sschw56079@aol.com> 

View contact details 

To: 

beachwoodcanyon@sbcglobal.net 

Dear Fran, 

Thank you and George for your presentation at tonight's meeting. We 

appreciate all the time and hard work you've devoted to the helicopter Issue. 

We voted to support the Berman law and your petition. I'll be writing two 

letters of support from the HHA. Is there a time crunch in getting them out or is 

the time frame of a week all right? 

Sarajane 
Support from the LA Philharmonic Assn. 

From: Leni Boorstin <lboorstin(?laphil. org> 

To: "'ggg@copper.net'" <ggg@copper.net> 

Subject: RE: Beachwood Canyon SFAR petition 

Date: Thu, 17 Nov 2011 17:28:48 -0800 

George, 

You have our support to add our name, Los 

Angeles Philharmonic Association to the 

petition. 

It will take longer to get the letter written 

and signed, but I'll be working on it... 

L 
Support from the Hollywood Knolls 

Re: Just a note to follow up 

From: Eileen Peterson <msepls@aol.com> 

View Contact 

To: beachwoodcanyon@sbcglobal.net 

Cc: Daniel@aol.com 

Hi Fran, 

I don't know who was supposed to call you right after your visit to our HKCC meeting but 

apparently no one did. Happy to report that the members there that night voted unanimously to 

support your efforts. Keep ^ghting the goood fight. We'll be bringing it up at our annual meeting 

this week with Councilmember La Bonge. 

Eileen 
Friends of Griffith Path 

P.O. Box 27573 

Los Angeles. CA 90027-0573 

fnenclsofgriffitripark.org 

Octobers. 2011 

Congressman Howard L.. Berman 

14546 Hamlin Street 

Suite 202 

Van Nuvs.CA 91411 

Re: Support tor HR 2677 and Petition for Special Aviation Regulation (SFAR) for Mount 

Lee .Area 

Congressman Berman. 

Friends of Griffith Park is a non-profit charitable organization, providing advocacy and 

support for the largest wilderness park within any American city's boundaries. 

Friends of GritTith Park solidly supp)orts HR 2677. to direct the FAA to issue regulations 

to reduce helicopter noise pollution over atTecied areas of Los Angeles County. We also 

support the petition for a SFAR for the Mount Lee Area, filed by Beachwood Can\on 

Neighborhood Association. 

Within Griffith Park, there is little doubt that low-fl>ing helicopter traffic represents the 

most intense and frequent source of sonic disturbance. Rea.sons for so much helicopter 

traffic over and near Griffith Park include: 1) helicopter tourism is on a rapid increase in 

the last few years with the Hollywood Sign and the Griffith Observator>' being two major 

LA attractions, and 2) helicopters use Griffith Park as a short-cut from one freeway to 

another. This traffic is not only disturbing to park users seeking passi\e recreation; 

helicopter noise may be impacting some of the animal species in this wilderness area, 

which in turn can ha\e impact on the entire ecosystem. 

As you are aware, the Grifllth Park is designated by planning authorities as a County of 

Los Angeles Significant Ecological Area{SEA). Griffith Park contains various unique 

habitats types, some with rare and endangered plants. The park also has special situation 

species such as bobcats with large territories necessitating free movement capabilities for 

long term sur\ival. 

The rapidly growing problem of human-produced noise has initialed much scientific 

research relating to its aiTects on wildlife over the last couple decades. There is universal 

agreement that noise can affect an animal's behavior and physiology over a wide variety 

of species. 

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When stressed by repeated noise, an animal's reproductive success. energ\' budget, and 

long-time survival is put in jeopardy. The scientific literature documents avoidance and 

abandonment behavior, such as birds being flushed out of nests breaking eggs or 

exposing young to predators when encountering load noises such as aircraft and 

motorcycles. Hearing loss conditions have been demonstrated in some rodents and 

reptile species that have delicate hearing systems which evolved to facilitate their 

survival. Man-made sounds probably atTect animals in many other ways that we have not 

yet recognized. 

The hurtful effects on animal populations does not end at the park's boundaries, as the 

residential areas around Griffith Park are also important zones for providing wildlife 

corridors connecting Griffith Park to other large habitat areas such as the Verdugo 

Mountains and west-lying Santa Monica Mountains. 

Along with impacts on this wilderness area, we echo concerns expressed by others that 

too much low^-tlying helicopter tratTic is seen in close pro.\imity to Mt. Lee's 

communication towers, considered a regional nerve-center for national security as well as 

regional communication. 

We fully understand and support the fact that emergency, law enforcement and military 

activities are totalK exempt from this legislation. 

Sincerelv. 

Gerr\ Hans 

President 

Friends of Griffith Park 

Gcrrvhans51 ty gmail.com 

Cc: Congressman Adam Schiff 
VAN NUYS AIRPORT 

Citizens Advisory Council 

CHAIR 

Ken Miller 

VICE CHAIR 

Don Schultz 

COUNCIL MEMBERS 

David Bernardoni 

Rick Flam 

Bob Frazier 

Harold Lee 

Ron Merkin 

Roger Oeland 

Roger Ortiz 

Laurence Rabe 

DavidRankell 

Elliot Sanders 

Wendy Saunders 

Gerald Silver 

Harold Sxdlivan 

fyqyne Williams 

Octobers, 2011 

Michael A. Lawson, President 

Board of Airport Commissioners 

1 World Way 

Los Angeles, CA 90045-5803 

Dear Commissioner Lawson: 

At tfie October 4. 2011, meeting the Van Nuys Airport Citizen's Advisory Courtcil 

unanimously adopted the following resolution: 

"The Citizen's Advisory Council supports the Special Federal Aviation Regulation 

(SFAR) for the Nflount Lee Area being proposed by the Beachwood Canyon 

Neighborhood Association." 

If you have any questions regarding this communication please contact me. 

Very truly yours, 

(UA f- \\\jut(S) 

Ken Miller, Chair 

Van Nuys Airport Citizens Advisory Council 

cc: Gina Marie Lindsey 

Michael Collins 

Jess Romo 

16461 Sherman Way, Suite 300, Van Nuys, CA 91406 (818) 442-6526