01-22155. Approval of Noise Compatibility Program; Colorado Springs Airport; Colorado Springs, CO

AGENCY:

Federal Aviation Administration, DOT.

ACTION:

Notice.

SUMMARY:

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by the Director of Aviation for Colorado Springs Airport under the provisions of 49 U.S.C. 47504(b) 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 February 8, 2001, the FAA determined that the noise exposure maps submitted by the Director of Aviation under part 150 were in compliance with applicable requirements. On August 7, 2001, the Associate Administrator for Airports approved the Colorado Springs Airport noise compatibility program. All of the program elements were approved.

EFFECTIVE DATE:

The effective date of the FAA's approval of the Colorado Springs Airport noise compatibility program is August 7, 2001.

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 Colorado Springs Airport, effective August 7, 2001. Under 49 U.S.C. 47504(a) 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. 49 U.S.C. 47503(a)(1) requires such a program to be developed in consultation with interested and affected parties including the state, local 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 of 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 a 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 Denver, Colorado.

The Director of Aviation for Colorado Springs Airport submitted to the FAA the noise exposure maps, descriptions, and other documentation produced during the noise compatibility planning study conducted at Colorado Springs Airport. The Colorado Springs noise exposure maps were determined by FAA to be in compliance with applicable requirements of February 8, 2001. Notice of this determination was published in the Federal Register on February 20, 2001.

The Colorado Springs Airport 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 2002. It was requested that the FAA evaluate and approve this material as a noise compatibility program as described in 49 U.S.C. 47504(a). The FAA began its review of the program on February 8, 2001, and was required by a provision of 49 U.S.C. 47504(b) 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 seven proposed actions for noise mitigation on and off the airport. The FAA completed its review and determined that the procedural and substantive requirements of 49 U.S.C. 47504(b) and FAR 150 have been satisfied. The overall program, therefore, was approved by the the Associated Administrator for Airports effective August 7, 2001. These determinations are set forth in detail in a Record of Approval endorsed by the Associate Administrator for Airports on August 7, 2001. 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 Colorado Springs Airport.

Issued in Renton, Washington, on August 20, 2001.

Lowell H. Johnson,

Manager, Airports Division, Northwest Mountain Region.