[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Notices]
[Pages 48727-48728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23579]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. 28683]
Policy on Funding of Combined Part 150 and Part 161 Studies and
Analyses
AGENCY: Federal Aviation Administration, DOT.
ACTION: Policy statement.
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SUMMARY: This document states the Federal Aviation Administration (FAA)
policy concerning the analysis of proposed airport noise and access
restrictions under the requirements of 14 CFR part 161 and the
eligibility of such analysis for Federal funding when combined with
airport noise compatibility planning under 14 CFR part 150.
DATES: This policy is effective September 16, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. William W. Albee, Policy and Regulatory Division (AEE-300), Office
of Environment and Energy, telephone (202) 267-3553, facsimile (202)
267-5594; or Ms. Lynne Sparks Pickard, Community and Environmental
Needs Division (APP-600), Office of Airport Planning and Programming,
telephone (202) 267-3263, facsimile (202) 267-8821. The address for
both contacts is FAA, 800 Independence Avenue, SW, Washington, DC
20591.
SUPPLEMENTARY INFORMATION:
Background
Title 14 CFR part 150 (part 150), issued as an interim rule in 1981
and a final rule in 1985, implements the former Aviation Safety and
Noise Abatement Act of 1979 (49 U.S.C. 47501 through 47509, hereinafter
referred to as ASNA). Part 150 promotes comprehensive noise evaluation
and mitigation and is the primary program under which the FAA supports
local airport noise compatibility planning and projects. Part 150 is a
voluntary program that allows airport operators to prepare noise
exposure maps and to recommend
[[Page 48728]]
measures in a noise compatibility program to reduce noise and non-
compatible land uses. Airport operators may submit airport noise
compatibility programs to the FAA for approval under criteria
established by ASNA and part 150. The FAA is authorized to provide
Airport Improvement Program (AIP) funding for airport noise
compatibility planning (i.e., the preparation of the noise exposure
maps and the noise compatibility program) and for noise projects (i.e.,
measures approved by the FAA in a noise compatibility program).
Title 14 CFR part 161 (part 161), issued as a final rule September
25, 1991, implements the Airport Noise and Capacity Act (49 U.S.C.
47521 through 47533, hereinafter referred to as ANCA), enacted in 1990.
Part 161 contains requirements governing airport noise and access
restrictions (also called ``use restrictions,'' or simply
``restrictions''). Part 161 requires analysis and public notice of
noise and access restrictions proposed to be adopted by airport
operators. Sections 161.211 and 161.321 allow airport operators the
option of integrating a part 161 analysis for a proposed restriction on
Stage 2 and Stage 3 aircraft, respectively, with a part 150 planning
study. In the preamble to part 161, FAA states that ``the part 150
option does make Federal financial assistance available to airport
operators to analyze a proposed restriction.'' This statement
recognizes that a part 161 analysis is eligible for AIP funding if
included within the scope of a part 150 planning study. A part 161
analysis is not otherwise eligible for Federal funding.
In 1995, an airport first proposed to include a part 161 analysis
of proposed use restrictions a part of an update to its part 150 study.
The FAA Associated Administrator for Airports issued a letter on
December 14, 1995, to explain when a part 161 analysis may be eligible
for AIP funding through optional use of part 150. This letter has been
misinterpreted by some parties as announcing a change in FAA policy
concerning imposition of airport noise and access restrictions. The FAA
is issuing this policy statement to clarify its position.
Notice of FAA Policy
Accordingly, the FAA is formally notifying airport operators,
airport users, and all other interested persons of the FAA policy
concerning the eligibility of analysis of restrictions under part 161
for Federal funding, when accomplished in conjunction with preparation
of an airport noise compatibility program under part 150.
Policy Statement
The FAA has continuously, consistently, and actively encouraged a
balanced approach to address noise problems and discouraged
unreasonable and unwarranted airport use restrictions. That policy
remains unchanged. A restriction should be considered only as a last
resort when all other mitigation measures are inadequate to
satisfactorily address the problem and a restriction is the only
remaining option that could provide noise relief. With limited
statutory exceptions, all airport use restriction proposals must comply
with the requirements of part 161, including a rigorous analysis.
When an airport operator decides to propose an airport noise and
access restriction subject to the requirements of part 161, the FAA
encourages that airport operator to integrate its part 161 analysis
into a comprehensive part 150 study which first analyzes in detail
nonrestrictive measures to mitigate noise, and then analyzes the
proposed restriction as a last resort to address a noise problem not
mitigated by the other measures.
For Stage 2 restrictions, which are not subject to FAA approval
under part 161, the FAA strongly encourages airport operators who have
elected to integrate a part 161 analysis into a part 150 study to await
the FAA's determinations under part 150 before adopting a Stage 2
restriction. The FAA's part 150 determinations may provide valuable
insight to the airport operator regarding the proposed restriction's
consistency with existing laws and the position of the FAA with respect
to the restriction. This encouragement was explicitly stated in the
preamble to part 161 (see 56 FR 48669, September 25, 1991).
Federal funding through the AIP conforms to the legal
authorizations established by ASNA and supports the FAA's objectives
under ANCA. In order to be eligible for AIP funding, a part 161
analysis must be prepared within the comprehensive noise planning
framework established by part 150. A part 161 analysis may be eligible
as airport noise compatibility planning if it is included within the
scope of work of a part 150 planning study. Alternatively, a part 161
analysis may be eligible as a noise project if it meets the following
three conditions: (1) it is recommended in the airport operator's part
150 program as further study necessary to address a noise compatibility
problem beyond the scope of the initial part 150 study; (2) it meets
part 150 approval criteria and is approved under part 150 for further
study; and (3) the part 161 analysis is integrated into a part 150
update following the same procedures prescribed for an initial study in
Sec. 161.211 for a Stage 2 restriction proposal or Sec. 161.321 for a
Stage 3 restriction proposal.
AIP funding of a part 161 analysis when integrated with a part 150
planning study in no way represents an FAA endorsement of a restriction
or of any results of such an analysis. AIP funding supports the FAA's
interest in a rigorous part 161 analysis, when an airport operator has
determined to prepare such an analysis; supports the concept of
comprehensive and balanced noise planning and mitigation, with
restrictions as last resort measures; and supports the issuance of part
150 determinations as a facet of FAA guidance on Stage 2 restriction
proposals.
The above eligibility criteria do not guarantee AIP funding. If a
proposed noise or access restriction would, on its face, violate
existing law or be inconsistent with other powers and duties of the FAA
Administrator, it would not be funded for study in connection with a
part 150 study. Additionally, all AIP funding decisions are subject to
an established priority system and to practical limitations on the
amounts of money available during the fiscal year.
Issued in Washington, DC on September 6, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-23579 Filed 9-13-96; 8:45 am]
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