[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Notices]
[Pages 52787-52788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26293]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Manchester Airport, Manchester, NH; FAA Approval of Noise
Compatibility Program
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by the Manchester
Airport Authority under the provisions of Title I of the Aviation
Safety and Noise Abatement Act of 1979 (Public Law 96-193) and 14 CFR
Part 150. These findings are made in recognition of the description of
federal and non-federal responsibilities in Senate Report No. 96-52
(1980). On February 6, 1998, the FAA determined that the noise exposure
maps submitted by the Manchester Airport Authority under Part 150 were
in compliance with applicable requirements. On August 5, 1998, the
Associate Administrator approved the Manchester Airport noise
compatibility program. All of the 15 measures were approved.
EFFECTIVE DATE: The effective date of the FAA's approval of the
Manchester Airport noise compatibility program is August 5, 1998.
FOR FURTHER INFORMATION CONTACT:
John C. Silva, Federal Aviation Administration, New England Region,
Airports Division, 12 New England Executive Park, Burlington,
Massachusetts 01803, Telephone (781) 238-7602.
Documents reflecting this FAA action may be obtained from the same
individual.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the Manchester Airport noise compatibility
program, effective August 5, 1998.
Under Section 104(a) of the Aviation Safety and Noise Abatement Act
of 1979 (hereinafter the Act), an airport operator who has previously
submitted a noise exposure map may submit to the FAA a 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
[[Page 52788]]
agencies, airport users, and FAA personnel.
Each airport noise compatibility program developed in accordance
with Federal Aviation Regulation (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 as
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 a FAA implementing action. A request for Federal
action or approval to implement specific noise compatibility measures
may be required, and a 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. Where Federal funding is sought, requests for project grants must
be submitted to the FAA Regional Office in Burlington, Massachusetts.
The Manchester Airport Authority submitted to the FAA, in January
1997, noise exposure maps, descriptions, and other documentation
produced during the noise compatibility planning study. The Manchester
Airport noise exposure maps were determined by FAA to be in compliance
with applicable requirements on February 6, 1998. Notice of this
determination was published in the Federal Register on February 27,
1998.
The Manchester study contains a proposed noise compatibility
program comprised of actions designed for implementation by airport
management and adjacent jurisdictions from the date of study completion
to beyond the year 2000. It was requested that the FAA evaluate and
approve this material as a noise compatibility program as described in
Section 104(b) of the Act. The FAA began its review of the program on
February 26, 1998, and was required by a provision of the Act to
approve or disapprove the program within 180 days (other than the use
of new flight procedures for noise control). Failure to approve or
disapprove such a program within the 180-day period shall be deemed to
be an approval of such a program.
The submitted program contained 15 proposed actions for noise
mitigation 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. The overall program, therefore,
was approved by the Assistant Administrator effective August 5, 1998.
Approval was granted for all 15 program elements: preferential
runway use measures, noise abatement departure procedures, rezoning,
establishment/amendment of noise overlay districts, amendment of
existing land use plans, sound insulation, expansion of building codes,
enactment of noise disclosure regulations, continuation of the Part 150
public involvement program, distribution of a noise abatement brochure,
installation of airport noise abatement signs, and nose compatibility
program review and update.
FAA's determinations are set forth in detail in a Record of
Approval endorsed by the Associate Administrator on August 5, 1998. 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 airport manager's office, Suite 300, 1
Airport Drive, Manchester, New Hampshire.
Issued in Burlington, Massachusetts on September 11, 1998.
Vincent A. Scarano,
Manager, Airports Division, New England Region.
[FR Doc. 98-26293 Filed 9-30-98; 8:45 am]
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