[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66397-66398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29397]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Final FAA Decision on Proposed Airport Access 
Restriction

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

ACTION: Notice.

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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 
disapproved 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. The FAA determined that the application 
does not provide substantial evidence the restriction meets the six 
statutory conditions for approval under ANCA and part 161. The FAA's 
decision was issued October 30, 2009.

DATES: Effective Date: The effective date of the FAA's decision on the 
application for a mandatory noise and access restriction at BUR is 
October 30, 2009. The FAA found the application was completed on May 5, 
2009 (74 FR 29530). The FAA opened a docket for public comment (FAA-
2009-0546). The FAA received nearly 150 separate comments, which were 
considered during the FAA's evaluation of the BGPAA application.

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.

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 [BGPAA] is not seeking any other alternative 
restriction.'' On March 5, 2009, FAA determined that the application 
was complete except for the

[[Page 66398]]

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).
    The FAA may only approve a restriction that demonstrates, by 
substantial evidence, each of the six statutory conditions have been 
met. 14 CFR part 161, Sec.  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. The FAA evaluated 
BGPAA's application under the provisions of 14 CFR 161.317 and 
determined the application satisfies the requirements under Condition 4 
and Condition 5. However, the application does not satisfy the 
requirements under Condition 1, Condition 2, Condition, 3, or Condition 
6.
    This notice also announces the availability of the FAA's final 
agency order disapproving the airport access restriction at http://www.faa.gov/airports/.
    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Washington DC on December 4, 2009.
Benito DeLeon,
Director, Office of Airport Planning and Programming.
[FR Doc. E9-29397 Filed 12-14-09; 8:45 am]
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