[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Notices]
[Pages 12276-12277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5422]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
FAA Approval of Noise Compatibility Program; Fort Worth Alliance
Airport; Fort Worth, TX
AGENCY: Federal Aviation Administration.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by the city of
Fort Worth 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 nonfederal responsibilities in Senate Report No. 96-52 (1980). On
August 11, 1994, the FAA determined that the noise exposure maps
submitted by the city of Fort Worth under Part 150 were in compliance
with applicable requirements. On February 7, 1995, the Administrator
approved the Fort Worth Alliance Airport noise compatibility program.
All of the recommendations of the program elements relating to new or
revised flight procedures for noise [[Page 12277]] abatement were
proposed by the city of Fort Worth.
EFFECTIVE DATE: The effective date of the FAA's approval of the Fort
Worth Alliance Airport noise compatibility program is February 7, 1995.
FOR FURTHER INFORMATION CONTACT: Mike Nicely, DOT/FAA, Texas Airport
Development Office, 2601 Meacham Boulevard, Fort Worth, Texas 76193-
0653, (817) 222-5606. 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 Fort Worth
Alliance Airport, effective February 7, 1995.
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 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, 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 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. Where federal funding is sought, requests for project grants must
be submitted to the Federal Aviation Administration, Texas Airport
Development Office, 2601 Meacham Boulevard, Fort Worth, Texas 76193-
0650.
The city of Fort Worth submitted to the FAA on August 4, 1994, the
noise exposure maps, descriptions, and other documentation produced
during the noise compatibility planning study conducted from November
1991 through July 1994. The Fort Worth Alliance Airport noise exposure
maps were determined by the FAA to be in compliance with applicable
requirements on August 11, 1994. Notice of this determination was
published in the Federal Register on August 18, 1994.
The Fort Worth Alliance 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 beyond the year 1998. 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 August 11, 1994, 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 eleven 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 Administrator effective February 7, 1995.
Outright approval was granted for all of the specific program
elements. The following is a listing of the approved actions on and off
the airport:
a. Maintain the existing flight track configuration and
utilization;
b. Request pilots of airline aircraft to adhere to FAA noise
abatement departure procedures;
c. Establish noise overlay zoning district for the airport vicinity
as an amendment to the existing airport development zone ordinance;
d. Revise land use plan for noise compatibility;
e. Purchase noise sensitive sites--fee simple;
f. Where fee simple acquisition cannot be achieved, obtain
avigation easement and where feasible, soundproofing existing eligible
structures within the 65DNL;
g. Enact noise disclosure regulations to inform prospective buyers
of potential noise exposure;
h. Assign a noise abatement officer for noise program management
for all three city of Fort Worth airports;
i. Continue public involvement program;
j. Implement a periodic noise monitoring program; and
k. Conduct noise review and update as required.
These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on February 7, 1995. 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 Fort Worth Department of Aviation Offices.
Issued in Fort Worth, Texas on February 20, 1995.
Otis T. Welch,
Manager, Texas Airport Development Office.
[FR Doc. 95-5422 Filed 3-3-95; 8:45 am]
BILLING CODE 4910-13-M
