[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Notices]
[Pages 58454-58455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29127]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program, Indianapolis
International Airport, Indianapolis, Indiana
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
Indianapolis Airport Authority under the provisions of Title I of the
Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 96-193) and 14
CFR part 150. These findings are made in recognition of the description
of Federal and nonfederal responsibilities in Senate Report No. 96-52
(1980). On April 15, 1998, the FAA determined that the noise exposure
maps submitted by the Indianapolis Airport Authority under part 150
were in compliance with applicable requirements. On October 9, 1998,
the Associate Administrator for Airports approved the Indianapolis
International Airport noise compatibility program. Thirty-eight of
forty-eight of the recommendations of the program were wholly or
partially approved, two were withdrawn, three were disapproved for
purposes of part 150, and five recommendations required no FAA action.
EFFECTIVE DATE: The effective date of the FAA's approval of the
Indianapolis International Airport noise compatibility program is
October 9, 1998.
INFORMATION CONTACT:
Prescott C. Snyder, Airport Environmental Program Manager, 2300 East
Devon Avenue, Des Plaines, Illinois 60018. Telephone Number (847) 294-
7538/FAX Number (847) 294-7046. 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 the noise compatibility program for
Indianapolis International Airport, effective October 9, 1998.
Under section 104(a) of the Aviation Safety and Noise Abatement Act
of 1979 (hereinafter referred to as ``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
noncompatible land uses and prevention of additional noncompatible 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 noncompatible land uses around the airport
and preventing the introduction of additional noncompatible 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, Sec. 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. Where federal funding is sought, requests for
project grants must be submitted to the FAA Chicago Airports District
Office in Des Plaines, Illinois.
Indianapolis Airport Authority submitted to the FAA on February 18,
1998, the noise exposure maps, descriptions, and other documentation
produced during the noise compatibility planning study conducted from
November 1996 through February 1998.
[[Page 58455]]
The Indianapolis International Airport noise exposure maps were
determined by FAA to be in compliance with applicable requirements on
April 15, 1998. Notice of this determination was published in the
Federal Register on April 23, 1998.
The Indianapolis International Airport study contains a proposed
noise compatibility program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions from
the date of study completion to the year 2002. 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 April 15, 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 program within the 180-day period shall be
deemed to be an approval of such program.
The submitted program contained forty-eight proposed measures for
noise mitigation. 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 Associate Administrator for Airports effective October 9, 1998.
Outright or partial approval was granted to thirty-eight of forty-
eight specific program measures. Seventeen of nineteen of the noise
abatement measures (including four submeasures under NA-4), seventeen
of twenty-five land use measures and all four of the program management
measures where wholly or partially approved.
The other ten measures not approved consisted of two land use
measures that were withdrawn by the Airport Authority, three land use
measures that were disapproved by FAA for purposes of part 150, and
five measures that required no FAA action. Three of the five measures
requiring no FAA action were land use measures already completed. The
other two were noise abatement measures incorporating flight
procedures, which were deferred pending additional FAA review before
approval or disapproval. This deferral of flight procedures is allowed
under section 104(b) of the Aviation Safety and Noise Abatement Act of
1979.
These determinations are set forth in detail in a Record of
Approval endorsed by the Associate Administrator of Airports on October
9, 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 administrative offices of the
Indianapolis Airport Authority.
Issued in Des Plaines, Illinois on October 22, 1998.
Pene' A Beversdorf,
Acting Manager, Chicago Airports District Office FAA, Great Lakes
Region,
[FR Doc. 98-29127 Filed 10-29-98; 8:45 am]
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