[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Notices]
[Pages 26608-26609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12652]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program Springfield-Beckley
Municipal Airport Springfield, OH
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
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SUMMARY: Federal Aviation Administration (FAA) announces its findings
on the noise compatibility program submitted by the city of
Springfield, Ohio, 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, 1995, the FAA determined that the noise exposure
maps submitted by the city of Springfield, Ohio, under Part 150 were in
compliance with applicable requirements. On March 18, 1997, the
Associate Administrator for airports approved the Springfield-Beckley
Municipal Airport noise compatibility program. Twenty six of the twenty
seven recommendations of the program were approved.
EFFECTIVE DATE: The effective date of the FAA's approval of the
Springfield-Beckley Municipal Airport noise compatibility program is
March 18, 1997.
FOR FURTHER INFORMATION CONTACT:
Lawrence C. King, Federal Aviation Administration, Detroit Airports
District Office, Willow Run Airport, East, 8820 Beck Road, Belleville,
Michigan 48111, 313-487-7293. 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
Springfield-Beckley Municipal Airport, effective March 18, 1997.
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 the 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 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, request for project grants must
be submitted to the FAA Detroit Airports District Office in Belleville,
Michigan.
[[Page 26609]]
The city of Springfield, Ohio, submitted to the FAA on July 5,
1994, noise exposure maps, descriptions, and other documentation
produced during the noise compatibility planning study conducted from
September 24, 1993, through December 5, 1995. The Springfield-Beckley
Municipal Airport noise exposure maps were determined by the FAA to be
in compliance with applicable requirements on August 11, 1995. Notice
of this determination was published in the Federal Register on August
28, 1995.
The Springfield-Beckley Municipal 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 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 September 19, 1996, 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 would have been deemed to be an approval of such program.
The submitted program contained twenty seven (27) 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 Associate Administrator for Airports
effective March 18, 1997.
Outright approval was granted for twenty six of the twenty seven
specific program elements. Land Use Management Element LU-8, ``Adopt
Large Lot Zoning Policy'', was disapproved for purposes of Part 150
unless accompanied by adequate sound insulation during construction.
Residential development, even at lower density, is incompatible with
Part 150's purpose to prevent the introduction of non-compatible land
uses. The prevention of such development is highly preferred to
allowing it, even when accompanied by sound insulation.
Seven (7) of the twenty seven measures submitted are listed as
``Noise Abatement Measures''. The seven measures were approved which
relate to civilian and military aircraft runups and aircraft flight
procedures to mitigate aircraft noise impacts. Thirteen (13 of the
twenty seven measures are listed as ``Land Use Management Measures''.
Twelve of the thirteen measures were approved. Two of the measures
relate to voluntary acquisition of homes in noise sensitive areas; one
measure relates to purchasing avigation easements for homes within the
DNL 65 dBA noise contour; one measure relates to incorporating land use
policies for the Noise Compatibility Plan into local comprehensive
plans; one measure will discourage the extension of sanitary sewer
systems to residential areas impacted by noise; one measure recommends
adopting plan review guidelines for subdivision, rezoning special use,
conditional use, and variance applications; one measure recommends
adopting joint airport zoning in the airport environs; two measures
involve rezoning noise sensitive areas as commercial; one measure
recommends informal fair disclosure; one measure recommends revising
building code regulations to require sound insulation measures for
development within noise contours; and one measure recommends that plat
notes should state that the property lies within a high noise area.
Seven (7) of the twenty seven measures are listed as ``Program
Management Measures''. All seven measures were approved. Two of the
measures concern active participation by the Ohio Air National Guard
unit located at the airport in noise abatement procedures; one measure
concerns notification of local operators of noise abatement procedures
at the airport; one measure concerns the public availability of noise
exposure maps; and three measures concern the periodic review and
update of the approved Noise Compatibility Program.
These determinations are set forth in detail in a Record of
Approval endorsed by the Associate Administrator for Airports on March
18, 1997. The Record of Approval, as well as other evaluation materials
and documents which comprised the submittal to the FAA, are available
for review at the following locations:
Federal Aviation Administration, 800 Independence Avenue, S.W., Room
617, Washington, D.C. 20591
Federal Aviation Administration, Detroit Airports District Office,
Willow Run Airport, East, 8820 Beck Road, Belleville, Michigan 48111
Mr. Matthew J. Kridler, Manager, City of Springfield, Springfield City
Hall, 76 East High Street, Springfield, OH 45502
Questions may be directed to the individual named above under the
heading, FOR FURTHER INFORMATION CONTACT.
Issued in Belleville, Michigan, April 18, 1997.
Robert H. Allen,
Assistant Manager, Detroit Airports District Office, Great Lakes
Region.
[FR Doc. 97-12652 Filed 5-13-97; 8:45 am]
BILLING CODE 4910-13-M
