04-6386. Noise Exposure Map Notice; Westover Metropolitan Airport; Chicopee, MA

AGENCY:

Federal Aviation Administration, DOT.

ACTION:

Notice.

SUMMARY:

The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps for Westover Metropolitan Airport, as submitted by the Westover Metropolitan Development Corporation 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, are in compliance with applicable requirements.

EFFECTIVE DATE:

The effective date of the FAA's determination on the noise exposure maps is March 4, 2004.

FOR FURTHER INFORMATION CONTACT:

John C. Silva, Federal Aviation Administration, New England Region, Airports Division, ANE-600, 12 New England Executive Park, Burlington, Massachusetts 01803.

SUPPLEMENTARY INFORMATION:

This notice announces that the FAA finds that the noise exposure maps submitted for Westover Metropolitan Airport are in compliance with applicable requirements of part 150, effective March 4, 2004.

Under section 103 of Title I of the Aviation Safety and Noise Abatement Act of 1979 (hereinafter referred to as “the Act”), an airport operator may submit to the FAA noise exposure maps that meet applicable regulations and that depict non-compatible land uses as of the date of submission of such maps, a description of projected aircraft operations, and the ways in which such operations will affect such maps. The Act requires such maps to be developed in consultation with interested and affected parties in the local community, government agencies, and persons using the airport.

An airport operator who has submitted such noise exposure maps that are found by FAA to be in compliance with the requirements of Federal Aviation Regulation (FAR) part 150, promulgated pursuant to Title I of the Act, may submit a noise compatibility program for FAA approval that sets forth the measures the operator has taken, or proposes, for the introduction of additional non-compatible uses.

The FAA has completed its review of the noise exposure map and related descriptions submitted by the Westover Metropolitan Development Corporation. The specific maps under consideration were Figure 4-1, “2003 Noise Exposure Map”, and Figure 4-2, “2008 Noise Exposure Map” in the submission. The FAA has determined that these maps for Westover Metropolitan Airport are in compliance with applicable requirements. This determination is effective on March 4, 2004.

FAA's determination on an airport operator's noise exposure maps is limited to a finding that the maps were developed in accordance with the procedures contained in appendix A of FAR part 150. Such determination does not constitute approval of the applicant's data, information or plans, or a commitment to approve a noise compatibility program or to fund the implementation of that program.

If questions arise concerning the precise relationship of specific properties to noise exposure contours depicted on a noise exposure map submitted under Section 103 of the Act, it should be noted that the FAA is not involved in any way in determining the relative locations of specific properties with regard to the depicted noise contours, or in interpreting the noise exposure maps to resolve questions concerning, for example, which properties should be covered by the provisions of section 1077 of the Act. These functions are inseparable from the ultimate land use control and planning responsibilities of local government.These local responsibilities are not changed in any way under part 150 or through FAA's review of a noise exposure map. Therefore, the responsibility for the detailed overlaying of noise exposure contours onto the map depicting properties on the surface rests exclusively with the airport operator that submitted the map or with those public agencies and planning agencies with which consultation is required under section 103 of the Act. The FAA has relied on the certification by the airport operator, under § 150.21 of FAR part 150, that the statutorily required consultation has been accomplished.

Copies of the noise exposure maps and of the FAA's evaluation of the maps are available for examination at the following locations:

Westover Metropolitan Development Corporation, Westover Metropolitan Airport, 255 Padgette Street, Chicopee, Massachusetts 01022.

Federal Aviation Administration, New England Region, Airports Division, ANE-600, 16 New England Executive Park, Burlington, Massachusetts 01803.

Questions may be directed to the individual named above under the heading FOR FURTHER INFORMATION CONTACT.

Issued in Burlington, Massachusetts, on March 4, 2004.

Vincent A. Scarano,

Manager, Airports Division.