[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Pages 29530-29531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14551]



Federal Aviation Administration

[Docket No. FAA-2009-0546]

Notice of Proposed Airport Access Restriction and Opportunity for 
Public Comment

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice; Request for comment.


SUMMARY: The Airport Noise and Capacity Act of 1990 (hereinafter 
referred to as ``the Act'' or ``ANCA'') provides notice, review, and 
approval requirements for airports seeking to impose noise or access 
restrictions on Stage 3 aircraft operations that become effective after 
October 1, 1990. 49 U.S.C. 47521 et seq.
    The Federal Aviation Administration (FAA) announces that it has 
determined the application for an airport noise and access restriction 
submitted by the Burbank Glendale Pasadena Airport Authority (BGPAA) 
for Bob Hope Airport (BUR) under the provisions of 49 U.S.C. 47524 of 
the ANCA, and 14 CFR part 161, to be complete. The BGPAA application 
seeks approval to implement a mandatory nighttime curfew at Bob Hope 
Airport. While the determination of completeness is not an approval or 
disapproval of the proposed airport access restriction, the 
determination of completeness does trigger the start of FAA's 180-day 
review period. The FAA will approve or disapprove the proposed noise 
and access restriction on or before November 1, 2009.

DATES: Effective Date: The effective date of the start of FAA's review 
of the application for a mandatory noise and access restriction at BUR 
is May 5, 2009. The public comment period ends 30 days from date 
published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Victoria L. Catlett, Planning and 
Environmental Division, APP-400, 800 Independence Avenue, SW., 
Washington, DC 20591. E-mail address: [email protected]. Telephone 
number 202-267-8770.

ADDRESSES: You may submit written comments, identified by docket number 
FAA-2009-0546, by any of the following methods:
    Federal eRulemaking Portal: Go to http://regulations.gov and follow 
the online instructions for sending your comments electronically.
    Mail: Send comments by mail to Docket Operations, U.S. Department 
of Transportation, M-30, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590-0001. Persons wishing to receive confirmation of 
receipt of their written submission should include a self-addressed 
stamped postcard.
    Hand Delivery: Deliver comments to Docket Operations in Room W12-
140 on the ground floor of the West Building at 1200 New Jersey Avenue, 
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Facsimile: Fax comments to the docket operations personnel at 202-
    Reviewing the docket: To read background documents or comments 
received, go to http://www.regulations.gov at any time and follow the 
online instructions for accessing the docket; or go to Docket 
Operations in Room W12-140 on the ground floor of the West Building at 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On February 3, 2009, FAA received BGPAA's 
initial request for approval of a full, mandatory night-time curfew at 
Bob Hope Airport as described in the attached application. The 
application states ``Pursuant to FAR Part 161.311(d) the Authority is 
seeking a full, mandatory night-time curfew as described in the 
attached application. The Authority is not seeking any other 
alternative restriction.''
    On March 5, 2009, FAA determined that the application was complete 
except for the environmental documentation provided in support of a 
categorical exclusion under the National Environmental Policy Act 
(NEPA). By letter dated March 9, 2009, BGPAA stated its intent to 
supplement and resubmit the application. On May 5, 2009, FAA received 
BGPAA's supplemented application. On May 29, 2009, FAA determined 
BGPAA's application to be complete. Pursuant to 14 CFR 
161.313(c)(4)(ii), the FAA's 180-day review period starts on the date 
of receipt of the last supplement to the application (May 5, 2009).
    Pursuant to 14 CFR 161.317, the FAA may approve or disapprove, in 
whole or in part, the proposed restriction or any alternative 
restriction, submitted by the BGPAA for FAA approval or disapproval. 
This notice also announces the availability of the proposed airport 
access restriction for public review and comment directly to the FAA 
for 30 days from the date this notice is published in the Federal 
    FAA Action Under Part 161 Subpart D. The FAA will review and render 
a decision on the restriction as a whole, including its impacts on 
aircraft operations that are not classified as Stage 3, at the time it 
issues its decision to approve or disapprove the application for a full 
nighttime curfew submitted under Subpart D of part 161. This review 
will include a determination on how the restriction proposal addresses 
other applicable Federal law and BUR's grant assurances.
    The FAA's detailed evaluation will be conducted under the 
provisions of 14 CFR part 161, Sec.  161.317. The FAA may only approve 
a restriction that demonstrates by substantial evidence supporting each 
of the six statutory conditions for approval, contained in the Act and 
published in 14 CFR part 161, section 161.305. These six statutory 
conditions of approval are: Condition 1: The restriction is reasonable, 
nonarbitrary, and nondiscriminatory; Condition 2: The restriction does 
not create an undue burden or interstate or foreign commerce; Condition 
3: The proposed restriction maintains safe and efficient use of the 
navigable airspace; Condition 4: The proposed restriction does not 
conflict with any existing Federal statute or regulation; Condition 5: 
The applicant has provided adequate opportunity for public comment on 
the proposed restriction; and Condition 6: The proposed restriction 
does not create an undue burden on the national aviation system.
    Interested persons are invited to comment directly to the FAA on 
the proposed restriction application. The Authority's application is 
available on the BGPAA Web site at: http://www.burbankairport.com/. 
Your comments should relate to the factors that Part 161 requires an 
airport sponsor to address in its application for restriction approval. 
All relevant comments received within the public comment period will be 
considered by the FAA to the extent practicable before FAA makes its 
final decision on the application.
    Questions may be directed to the individual named above under the 

[[Page 29531]]

    Issued in Washington, DC, on June 5, 2009.
Catherine M. Lang,
Acting Associate Administrator for Airports.
[FR Doc. E9-14551 Filed 6-19-09; 8:45 am]