[Federal Register Volume 62, Number 103 (Thursday, May 29, 1997)]
[Notices]
[Pages 29181-29182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14090]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program, DeKalb-Peachtree
Airport, Atlanta, GA
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 DeKalb County
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
October 3, 1996 the FAA determined that the noise exposure maps
submitted by DeKalb County under Part 150 were in compliance with
applicable requirements. On April 25, 1997, the Administrator approved
the DeKalb County noise compatibility program. Most of the
recommendations of the program were approved.
EFFECTIVE DATE: The effective date of the FAA's approval of the DeKalb-
Peachtree Airport noise compatibility program is April 25, 1997.
FOR FURTHER INFORMATION CONTACT:
Atlanta Airports District Office, Campus Building, Attn: Ms. Lee Kyker,
1701 Columbia Ave., Suite 2-260, College Park, GA 30337-2747, Phone:
(404) 305-7149.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the noise compatibility program for the DeKalb-
Peachtree Airport, effective April 26, 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 communities, government 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 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 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
[[Page 29182]]
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
Atlanta, Georgia.
DeKalb County submitted to the FAA on July 22, 1996 the noise
exposure maps, descriptions, and other documentation produced during
the noise compatibility planning study update conducted from May 1996
through September 1996. The DeKalb-Peachtree Airport noise exposure
maps were determined to be in compliance with applicable requirements
on October 29, 1996. Notice of this determination was published in the
Federal Register on November 6, 1996.
The DeKalb-Peachtree 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 the year 2001. 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 October 29, 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 of such program.
The submitted program contained eleven noise abatement actions and
seven land use measures 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 April 25, 1997.
Outright approval was granted for seven of the eleven noise
abatement actions and all seven of the land use measures. No action is
required at this time on noise abatement Action #2 concerning Standard
Instrument Departures Buford 1, 2, & 3. Due to air traffic efficiency
and workload, ATCT has recommended alterations to flight patterns
modeled in the NCP. These alterations would need to be modeled to
determine their noise mitigation benefits. Noise abatement action #4
concerning charted visual flight procedures arrival routes is
disapproved due to the increased workload it would create on the
Atlanta Approach control while providing just minimal benefits. For
purposes of Part 150, pursuit of funding for the cost benefit analysis
of stage 2 night time use aircraft restrictions as an add-on to the
Part 150 study is disapproved. With full implementation of the land use
measures in this NCP, the sponsor will accomplish 100 percent
mitigation within the DNL 65dB contour. Construction of a designated
maintenance runup area on the west side of Runway 2R/20L is disapproved
for purposes of Part 150 pending submission of additional information
to make an informed analysis. Approved noise abatement actions include
a runway use program, VFR departure routes, noise abatement pamphlet,
airfield signage, automatic terminal advisory service, letter to
airmen, and an annual review of the effectiveness of the noise
compatibility program implementation. Approved land use measures
include a voluntary land acquisition program in the 75, 70-74 and 65-69
Ldn contours, voluntary sound attenuation program, environmental review
process, informal building code revision, and incorporation of finding
and recommendations of the FAR Part 150 Noise Compatibility Study in
the DeKalb County Comprehensive Plan.
These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on April 25, 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 DeKalb County.
Issued in College Park, Georgia, May 21, 1997.
Dell Jernigan,
Manager, Atlanta Airports District Office.
[FR Doc. 97-14090 Filed 5-28-97; 8:45 am]
BILLING CODE 4910-13-M
