BAC SP #2 Misc 0002

To Lori Fleming • Brian Wilson • Debi Wagner • Javier Tordable ' Jeff Harbaugh ' Jimmy Matta ' Larry Cape ' Nekya Johnson ' Sofia Aragon Rose Clark • She • JC Harris Copy Good afternoon, b My comments are particular to the agenda item in this packet authored by JC Harris regarding capping flights at Sea-Tac and, further, requesting that citizens write their local elected officials to force the Port of Seattle to comply. While this seems like a simple "ask," there are several legal obstacles that makes this '’ask" very difficult. 1. The first is Article 1, Section 8, Clause 3 of the US Constitution, which states that the US Congress shall have power "to regulate commerce with foreign nations, and among the several states, and with the Indian Tribes;" and forms the basis of much of the regulatory powers of the federal government. According to FAA regulations (see Order below), capping flights would be a violation of the Commerce clause. 2. FAA Order 5190.6B, Chapter 13. Airport Noise and Access Restrictions, promulgated on 9/30/2009 on page 13-2 reads as follows: "2. Airport sponsors are primarily responsible for planning and irnplementing action designed to reduce the effect of noise on residents of the surrounding area. Such actions include optimal site location, improvements in airport design, noise abatement ground procedures, land acquisition, and restrictions on airport use that…
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