[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Proposed Rules]
[Pages 27876-27877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13577]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91 and 150
[Docket No. 2923]
Compatible Land Use Planning Initiative
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is seeking new ideas regarding how the agency can
better influence land use decisions around airports. Noise contours
around airports will continue to shrink with the elimination of noisier
Stage 2 airplanes by the year 2000. The FAA now seeks to develop a
process that will better influence long-term land use planning and
zoning around airports. This notice solicits suggestions about methods
the FAA can use to encourage and help State and local governments
achieve and maintain land use compatibility around airports.
DATES: Comments must be received on or before June 22, 1998.
ADDRESSES: Comments should be mailed in triplicate to: Federal Aviation
Administration, Office of the Chief Counsel, Attention: Rules Docket
(AGC-200), Docket No. 29231, 800 Independence Avenue, SW., Washington,
DC 20591. Comments may also be sent electronically to the Rules Docket
by using the following Internet address: 9-nprm-cmts@faa.dot.gov.
Comments must be marked Docket No. 29231. Comments may be examined in
the Rules Docket in Room 915G on weekdays between 8:30 a.m. and 5:00
p.m., except on Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Alan Trickey, Policy and Regulatory Division, AEE-300, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone, (202) 267-3496; facsimile, (202) 267-5594; email,
alan.trickey@faa.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Aircraft noise is a serious problem for communities around
airports. Federal, state and local governments have spent several
billion dollars for the acquisition of land, soundproofing, changes in
airport operations and airspace, and processing of complaints. The
airline industry has expended billions more to acquire quieter aircraft
that reduce noise exposure levels. Although this collective effort has
resulted in significant progress, additional measures are needed to
maintain current gains and prevent the development of new noncompatible
land uses around airports.
The FAA has been actively engaged in measures to solve the problem
of aircraft noise since the 1960's. Specifically, the FAA has issued
regulations phasing out noisier airplanes. The noisiest Stage 1
airplanes were phased out of commercial operations in the United States
by 1988. The current phaseout will eliminate large Stage 2 airplanes
from operations in the contiguous United States by the year 2000. The
FAA provides grants to airport operators willing to undertake noise
abatement measures such as the purchase of land and soundproofing of
residences.
Based on several studies, the FAA expects noise contours at most
airports to continue to shrink for several years into the 21st century
due to the elimination of noisier aircraft. After the completion of the
Stage 2 phaseout by the year 2000, the FAA anticipates that these
contours could begin to expand again at some airports primarily due to
increases in operations. It is essential for local jurisdictions to
plan ahead to maintain the land use compatibility already achieved near
airports and to control land uses to prevent new noise-sensitive
development within an agreed upon protection zone.
The U.S. Constitution, gives individual States the authority over
land use, though such authority is often delegated to local
governments. Some airports are operated by the state or municipal
governments that have the power to achieve appropriate land use
controls through zoning and other authorities. But even when
governmental bodies are themselves airport operators, the noise effects
of their airports often occur in areas outside their jurisdictions.
Land use decisions generally reflect the needs of the community, which
include but are
[[Page 27877]]
not limited to considerations of aviation noise.
The FAA is charged with the responsibility to maintain a safe and
efficient national airspace system. The FAA fosters compatible land use
planning both to facilitate access to airports commensurate with the
demands of air commerce and to abate the aviation noise effects in the
airport vicinity. Even though the Federal government lacks the
authority to zone land, the FAA may use its influence to encourage
compatible land use in the vicinity of an airport. The agency exerts
this influence through airport development grant agreements,
environmental review requirements, grants for airport noise
compatibility planning, and educational instruments on compatible land
use planning. The FAA has issued guidelines for land use compatibility
around airports to assist those responsible for determining land use.
These guidelines are primarily contained in 14 CFR Part 150 and related
guidance.
In January 1995, an FAA-sponsored Study Group on Compatible land
Use, which was composed of community, airport, and aviation
representatives, produced a report with recommendations for Federal
initiatives to promote compatible land use planning and controls around
airports. The group's recommendations included the following concepts:
Provide direct Federal funding through the Airport
Improvement Program (AIP) to non-airport sponsors who have land use
planning jurisdiction;
Encourage cooperative agreements between airport sponsors
and communities;
Revise FAA regulations in Part 150 or supporting
guidelines to recognize and publicize successful land use compatibility
concepts, encourage more effective public participation and encourage
innovative land-use control techniques;
Strengthen the linkage between Part 150 noise
compatibility programs and existing Federal programs that reinforce
land use planning, such as Federal Housing Administration and
Department of Veterans Affairs policies not to accept properties in
high-noise areas for mortgage insurance.
The FAA has implemented portions of these recommendations. These
ideas are presented here only to stimulate thought for addition ideas.
Request for Comments
The FAA is soliciting comments on any concepts that might serve to
promote compatible land use planning by state and local authorities and
to discourage development of noncompatible land uses around airports.
The FAA is particularly interested in bold, innovative, and creative
options that could be implemented quickly to discourage development of
noncompatible land uses, as well as long-term solutions. Comments that
provide a factual basis for the suggestions are particularly helpful.
The more specific the suggestions for FAA action, the better.
Ultimately, any process should achieve long-term cost avoidance for all
levels of government.
The FAA will review information from public comments and other
sources to identify methods that might assist State and local
governments in achieving and maintaining land use compatibility around
airports.Further action would depend on the nature and scope of the
methods identified.
Communications should identify the notice docket number and be
submitted in triplicate using one of the media specified in the
ADDRESSES paragraph above. All communications will be filed in the
docket. The docket is available for public inspection both before and
after the closing date for receipt of comments.
The FAA will acknowledge receipt of a comment if the commenter
includes a self-addressed, stamped postcard with the comment. The
postcard should be marked ``Comments to Docket No. [29231].'' When the
comment is received by the FAA, the postcard will be dated, time
stamped, and returned to the commenter.
Issued in Washington, D.C. on May 15, 1998.
James D. Erickson,
Director of Environment and Energy.
[FR Doc. 98-13577 Filed 5-20-98; 8:45 am]
BILLING CODE 4910-13-M
