On October 30 the FAA rejected the Burbank-Glendale-Pasadena Airport Authority’s application for a nighttime noise curfew. The airport spent more than $7 million applying for permission to restrict nighttime operations under FAR Part 161, submitting a completed application on May 29. Burbank Airport had to meet six statutory conditions mandated by the Airport Noise and Capacity Act and federal law for the FAA to approve the curfew; it met only two, according to the agency. The two conditions were: showing that the proposed curfew didn’t conflict with existing U.S. laws and regulations; and that plenty of opportunity was provided for public comment.
The FAA did agree that “there is substantial evidence that a current or future noise problem exists and that the proposal would relieve the noise problem.” But the curfew doesn’t meet the requirement to be “reasonable, non-arbitrary and nondiscriminatory” because “there is not substantial evidence that other available remedies are infeasible or would be less cost-effective.” The airport did not show that its plan does not create an undue burden on interstate or foreign commerce; is not inconsistent with maintaining the safe and efficient use of the navigable airspace; and does not create an undue burden on the national aviation system.
More In Airports
