BGPAA- FAA Application for Mandatory Nighttime Curfew

Action: The Burbank Glendale Pasadena Airport Authority (BGPAA) has applied to the Federal Aviation Administration (FAA) to impose an airport noise and access restriction by establishing a mandatory nighttime curfew at Bob Hope Airport which would extend from 10:00pm through 6:59am daily. The application is under review by the FAA, which must issue its determination on or before November 1, 2009.

BGPAA position: BGPAA states that its goal is to “eliminate or to significantly reduce nighttime aviation-related noise at the airport, now and in the future, to provide meaningful nighttime noise relief to the communities it serves. 

TIACA’s view: Because of the discriminatory nature of the proposed curfew, because it is not a reasonable action in light of all factors, and because of its potential adverse impact on the national airspace and aviation system, TIACA urges the FAA to reject BGPAA’s application for a nighttime curfew. We believe that a continuation of the current voluntary curfew is a better way to balance the interests of the many stakeholders affected by this application, meet the statutory requirements facing the FAA, and comply with the ICAO balanced approach guidelines endorsed by the United States. 

Background: 

The proposed curfew fails to meet the statutory conditions which FAA must use to conduct its evaluation 

As detailed in the Federal Register notice in which FAA announced its review of the BGPAA position, the FAA must base its review of BGPAA’s proposal on six statutory conditions (the conditions are specified in the Federal Register notice and are published in 14 CFR part 161, section 161.305). As discussed below, TIACA believes the proposed curfew fails to meet the nondiscriminatory and reasonableness standards set by Condition 1. It also would jeopardize efficient use of navigable airspace, as required by Condition 3, and could contribute to an undue burden on the national aviation system (Condition 6). 

The only aircraft currently operating at Burbank during the proposed curfew period of 10:00pm through 6:59am are all-cargo carriers. Imposing the curfew would therefore have a discriminatory effect on all-cargo operations, which would be inconsistent with Condition 1 of the six statutory conditions requiring that any restriction be “reasonable, nonarbitrary, and nondiscriminatory”.  

In addition to discriminating against all-cargo operators, TIACA also believes that the proposed curfew fails to meet the reasonableness standard also required of Condition 1. It should be noted that there are many legitimate and compelling reasons for operating aircraft during overnight hours. These include overall fleet and flight structure; infrastructure constraints; timing efficiencies; and customer needs with respect to dropoff and delivery. 

BGPAA contends that the few operators affected by the curfew would simply shift their operations to nearby airports. TIACA believes that the current nighttime operations at Burbank could not be easily shifted elsewhere, and any shifts would have significant economic and environmental consequences, as has been amply detailed by the submissions made by those operators, that are already part of the public record related to this application. 

Furthermore, BGPAA notes that it has achieved a 95% compliance rate through its voluntary efforts to restrict flights during overnight hours. Additionally, all aircraft flying into Burbank are “Stage III” and are therefore quieter than most other aircraft. TIACA believes that this impressive achievement is a strong indication of the reasonableness and effectiveness of the current, voluntary, approach – and that continuation of this approach is a preferable outcome to imposing a nighttime curfew. Those few airlines that currently operate during overnight hours do so for compelling reasons but, because they are such a small component of Burbank’s daily activity, contribute only marginally to the airport’s noise and traffic. However, they do contribute significant jobs, rents, and taxes to the airport and surrounding community, and the cargo shipped supplies many local businesses. Furthermore, because these activities take place during relatively low-traffic hours, deliveries can be made more efficiently, contributing to the overall economic and environmental health of the area. 

If FAA were to approve a curfew at Burbank, it would set a damaging precedent that might affect its pending reviews of similar applications, and might also prompt initiatives by other airport authorities for comparably restrictive actions. This could result in a lengthy cycle of reviews by the FAA and, if some of the applications were approved, a confusing patchwork of nighttime restrictions at various airports that would force significant reconfigurations in existing airline schedules. This could have substantial impacts on the many businesses depending on airfreight for their shipments, lead to inefficiencies in airspace usage and, potentially, place undue burdens on the airports that accept additional, displaced, flights. 

BGPAA’s proposed curfew would not adhere to ICAO’s “balanced approach” 

TIACA strongly supports the “balanced approach” guidelines developed by the International Civil Aviation Organization (ICAO) to address airport noise management issues. The U.S. government played a key leadership role in developing these guidelines, which were adopted in 2001 and reaffirmed in 2007. Under the guidelines, once an airport noise problem has been identified, four options should be reviewed with the goal of addressing the problem in the most cost-effective manner: reduction at the source (that is, quieter aircraft); land-use planning and management (to minimize the population affected by airport noise); noise abatement procedures to limit noise during aircraft takeoff, approach and landing; and operating restrictions, which should only be pursued when the other three elements have been fully explored.  

BGPAA has proposed a 9-hour daily curfew to limit airport noise, but has not fully considered alternative options that might minimize noise impacts and have less severe consequences. TIACA believes that a continuation of the current voluntary curfew approach, local sound abatement program, and encouragement of airline measures to pursue noise abatement would better address Burbank’s noise issues without imposing adverse consequences on the economic interests that are tied to Burbank’s overnight flights.