"Approval of Revision No. 1 to the Approved Noise Compatibility Program for Bob Hope Airport, Burbank, CA"

Wednesday, August 18, 2004

Approval of Revision No. 1 to the Approved Noise Compatibility Program
for Bob Hope Airport, Burbank, CA
The Federal Register


EFFECTIVE DATE: The effective date of the FAA's approval of Revision No.
1 to the Approved Noise Compatibility Program for Bob Hope Airport is
August 4, 2004.

FOR FURTHER INFORMATION CONTACT: David B. Kessler, AICP, Acting
Supervisor, Planning Section/Environmental Protection Specialist,
AWP-611, Airports Division, Western-Pacific Region, Federal Aviation
Administration. Mailing Address: P.O. Box 92007, Los Angeles, California
90009-2007, Street Address: 15000 Aviation Boulevard, Hawthorne,
California 90261. Telephone: 310/725-3615. Documents reflecting this FAA
action may be reviewed at this same location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to Revision No. 1 to the Approved Noise
Compatibility Program for Bob Hope Airport (formerly known as
Burbank-Glendale-Pasadena Airport), effective August 4, 2004. Under
section 104(a) of the Aviation Safety and Noise Abatement Act of 1979,
as amended (herein after referred to as the "Act") (recodified as 49
U.S.C. 47504), an airport operator who has previously submitted a Noise
Exposure Map may submit to the FAA as Noise Compatibility Program which
sets forth the measures taken or proposed by the airport operator for
the reduction of existing non-compatible land uses and prevention of
additional non-compatible land uses within the area covered by the Noise
Exposure Maps. The Act requires such programs to be developed in
consultation with interested and affected parties including local
communities, government agencies, airport users, and FAA personnel.

Each airport noise compatibility program developed in accordance with
Federal Aviation Regulations (FAR) Part 150 is a local program, not a
Federal program. The FAA does not substitute its judgment for that of
the airport proprietor with respect to which measures should be
recommended for action. The FAA's approval or disapproval of FAR
Part 150 program recommendations is measured according to the standards
expressed in Part 150 and the Act and is limited to the following
determinations:

a. The Noise Compatibility Program was developed in accordance with the
provisions and procedures of FAR Part 150;

b. Program measures are reasonably consistent with achieving the goals
of reducing existing non-compatible land uses around the airport and
preventing the introduction of additional non-compatible land uses;

c. Program measures would not create an undue burden on interstate or
foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the Federal Government; and

d. Program measures relating to the use of flight procedures can be
implemented within the period covered by the program without derogating
safety, adversely affecting the efficient use and management of the
navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator
prescribed by law.

Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in FAR Part 150, section
150.5. Approval is not a determination concerning the acceptability of
land uses under Federal, State, or local law. Approval does not by
itself constitute an FAA implementing action. A request for Federal
action or approval to implement specific noise compatibility measures
may be required, and an FAA decision on the request may require an
environmental assessment of the proposed action. Approval does not
constitute a commitment by the FAA to financially assist in the
implementation of the program nor a determination that all measures
covered by the program are eligible for grant-in-aid funding from the
FAA under the Airport and Airway Improvement Act of 1982, as amended.
Where federal funding is sought, requests for project grants must be
submitted to the FAA's Airports Division Office in Hawthorne,
California.

The Burbank-Glendale-Pasadena Airport Authority submitted to the FAA on
December 23, 1998, the Noise Exposure Maps, descriptions, and other
documentation produced during the noise compatibility planning study
conducted from May 1997 to November 1999. The Noise Exposure Maps for
Bob Hope Airport (formerly known as Burbank-Glendale-Pasadena Airport)
were determined by FAA to be in compliance with applicable requirements
on January 31, 2000. Notice of this determination was published in the
Federal Register on February 14, 2000.

The Bob Hope Airport study contained a proposed noise compatibility
program comprised of actions designed for phased implementation by
airport management and adjacent jurisdictions. It was requested that the
FAA evaluate and approve this material as a Noise Compatibility Program
as described in 49 U.S.C. 47504 (formerly section 104(b) of the Act).
The FAA began its review of the program on May 31, 2000, and was
required by a provision of the Act to approve or disapprove the program
within 180 days (other than the use of new or modified flight procedures
for noise control). Failure to approve or disapprove such program within
the 180-day period shall be deemed to be an approval of such program.
FAA approved the program on November 27, 2000. Notice of this FAA's
approval was published in the Federal Register on December 21, 2000.

Revision No. 1 to the approved NCP was submitted by the
Burbank-Glendale-Pasadena Airport Authority on January 20, 2004. The FAA
began its review of the revision to the approved program on March 11,
2004, and was required by a provision of the Act to approve or
disapprove the program within 180 days (other than the use of new or
modified flight procedures for noise control). Failure to approve or
disapprove such program within the 180-day period shall be deemed to be
an approval of such program.

The submitted revision to the approved program contained one proposed
action for noise abatement, noise mitigation, land use planning and
program management on and off the airport. The FAA completed its review
and determined that the procedural and substantive requirements of the
Act and FAR Part 150 have been satisfied. Revision No. 1 to the approved
program was approved, by the Associate Administrator for Airports,
effective August 4, 2004.

Outright approval was granted for the new Land Use Planning Measure No.
7. "Provision for retention of property located in the northwest
quadrant of the Airport within the 2003 65 CNEL noise exposure contour."

The determination is set forth in detail in the Record of Approval
signed by the Associate Administrator for Airports on August 4, 2004.
The Record of Approval, as well as other evaluation materials and the
documents comprising the submittal, are available for review at the FAA
office listed above and at the administrative offices of the
Burbank-Glendale-Pasadena Airport Authority. The Record of Approval also
will be available on-line at:
http://www.faa.gov/arp/environmental/14cfr150/index14.cfm.

Issued in Hawthorne, California on August 5, 2004.

Mia Paredes Ratcliff,
Acting Manager, Airports Division, Western-Pacific Region


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