[Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
[Notices]
[Pages 24153-24154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11487]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; Boise Air Terminal,
Boise, ID
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 Airport
Director of the Boise Air Terminal 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 non-Federal responsibilities in Senate
Report No. 96-52 (1980). On September 18, 1996, the FAA determined that
the noise exposure maps submitted by the Airport Director under Part
150 were in compliance with applicable requirements. On Marcy 17, 1997,
the Associate Administrator for Airports approved the Boise Air
Terminal noise compatibility program. Twenty of the twenty-three
program measures were approved. Two were disapproved for purposes of
Part 150 because they permit continued noncompatible development in an
established noise contour, even though they are at lower densities. One
measure was partially approved because it contains a zoning segment
that is not related to reducing or preventing noncompatible land uses.
EFFECTIVE DATE: The effective date of the FAA's approval of the Boise
Air Terminal noise compatibility program is March 17, 1997.
FOR FURTHER INFORMATION CONTACT: Dennis G. Ossenkop; Federal Aviation
Administration; Northwest Mountain Region; Airports Division, ANM-611;
1601 Lind Avenue, SW., Renton, Washington, 98055-4056. 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 Boise Air
Terminal, effective March 17, 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 a program to be developed in
consultation with interested and affected parties including the state,
local communities, governmental 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 judgement for that
of the airport proprietor with respect to which measures should be
recommended for action. The FAA's approval or disapproval for 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
[[Page 24154]]
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 limitation 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 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 FAA Airports District Office in
Seattle, Washington.
The City of Boise submitted to the FAA the noise exposure maps,
descriptions, and other documentation produced during the noise
compatibility planning study conducted at the Boise Air Terminal. The
Boise Air Terminal noise exposure maps were determined by FAA to be in
compliance with applicable requirements on September 18, 1996. Notice
of this determination was published in the Federal Register on
September 26, 1996.
The Boise Air Terminal noise compatibility program 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 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 18, 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 shall be deemed to be an approval fo such program.
The submitted program contained 23 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 150 have been satisfied. The overall program, therefore, was
approved by the Associate Administrator for Airports effective March
17, 1997.
These determinations are set forth in detail in a Record of
Approval endorsed by the Associate Administrator for Airports on March
17, 1997. 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
Boise Air Terminal.
Issued in Renton, Washington, on April 18, 1997.
Lowell H. Johnson,
Manager, Airports Division, Northwest Mountain Region.
[FR Doc. 97-11487 Filed 5-1-97; 8:45 am]
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