In pursuit of its goal of a mandatory curfew from 10 p.m. to 7 a.m. for all flights, Bob Hope Airport began conducting a Part 161 Study in 2000. Under federal law, if an airport has reason to believe a new noise rule is justified, Part 161 provides a study methodology to examine the reasons why, and to provide a means to persuade the Federal Aviation Administration that a nighttime curfew is necessary. No new rule can be adopted unless the Part 161 Study is successfully completed and is accepted by the FAA.

After nearly nine years of effort and expenditures exceeding $6.5 million, the Authority submitted a Part 161 Study and Application for a Proposed Curfew to the FAA in January 2009.  A supplement to the application was submitted to the FAA in May 2009, and on May 29, 2009, the FAA officially deemed the Study to be complete.

The Study concluded that monetized benefits of a full mandatory curfew amounting to $67 million would outweigh costs to airlines, passengers, cargo carriers and general aviation totaling $48 million. New access restrictions are required to have a positive benefit-cost ratio under Part 161, although achieving a positive ratio is not a guarantee that FAA will approve a proposed measure.

The $67 million in benefits of the proposed curfew are largely based on savings that would occur by a reduced need for residential acoustical treatment near the airport with a curfew in place.

As proposed, the curfew would prohibit all aircraft takeoffs and landings between 10 p.m. and 6:59 a.m. at Bob Hope Airport, and would be enforced by an escalating series of fines for repeated violations.

This is the first application to the FAA for a restriction on newer Stage 3 jets by any U.S. airport since Congress passed the Airport Noise and Capacity Act of 1990, which barred airport imposition of new access restrictions unless approved by the FAA.

The next step is a formal evaluation by the FAA of the proposed restriction, and FAA has said it will issue a determination either approving or disapproving the restriction no later than November 1, 2009.