[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30960]
[[Page Unknown]]
[Federal Register: December 16, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program for Modesto City-County
Airport, Modesto, CA
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 City of
Modesto, Modesto, California 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 February 26, 1993, the FAA determined that the
noise exposure maps submitted by the County under Part 150 were in
compliance with applicable requirements. On November 22, 1994, the
Assistant Administrator for Airports approved the Modesto City-County
Airport noise compatibility program. Fourteen (14) of the proposed
action elements were approved, one (1) element was disapproved.
EFFECTIVE DATE: The effective date of the FAA's approval of the Modesto
City-County Airport noise compatibility program is November 22, 1994.
FOR FURTHER INFORMATION CONTACT: John L. Pfeifer, Manager, Airports
District Office, SFO-600, Federal Aviation Administration, 831 Mitten
Road, Burlingame, California 94010. 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 the Modesto
City-County Airport, effective November 22, 1994.
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 local communities, government agencies,
airport users, and FAA personnel.
Each airport noise compatibility program developed in accordance
with Federal Aviation Regulations (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 type 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, Sec. 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, request for project grants must
be submitted to the Airports District Office at the location identified
in ``FOR FURTHER INFORMATION CONTACT'' clause above.
The City of Modesto submitted to the FAA on June 29, 1992, the
Noise Exposure Maps, descriptions, and other documentation produced
during the noise compatibility planning study conducted from January
1991, through June 1992. The Modesto City-County Airport noise exposure
maps were determined by FAA to be in compliance with applicable
requirements on February 26, 1993.
The Modesto City-County Airport Study contains proposed noise
compatibility program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions from
the date of study completion to (or beyond) 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 November 22, 1994, 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-
days period shall be deemed to be an approval of such a program.
The submitted program contained sixteen (16) 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 Part 150 have been satisfied. The overall program,
therefore, was approved by the Associate Administrator for Airports
effective November 22, 1994.
Outright approval was granted for fourteen (14) of the specific
program elements. One (1) element was approved in part and disapproved
in part. One element was a no action required at this time because it
related to flight procedures. The approved elements included existing
flight track policies, existing runway use program, evaluating noise-
monitoring system, public information program, encouraging specific
plans, consistent off airport improvement, zoning and disclosure to
buyers.
These determinations are set forth in detail in a Record of
Approval endorsed by the Assistant Administrator for Airports on
November 22, 1994. 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 at the administrative offices of
Modesto.
Interested persons are invited to comment on the proposed program
with specific reference to these factors. All comments, other than
those properly addressed to local land use authorities, will be
considered by the FAA to the extent practicable. Copies of the Noise
Exposure Maps, the FAA's evaluation of the maps, and the proposed Noise
Compatibility Program are available for examination at the following
locations:
Federal Aviation Administration, 800 Independence Avenue, SW., Room
617, Washington, DC 20591;
Federal Aviation Administration, Western-Pacific Region, Airports
Division, 15000 Aviation Boulevard, Room 3E24, Hawthorne, California,
Mail: P.O. Box 92007, Worldway Postal Center, Los Angeles, California
90009;
Mr. Howard L. Cook, Airport Manager, Modesto City-County Airport, 617
Airport Way, Modesto, California 95354-3916.
Questions may be directed to the individual named above under the
heading, FOR FURTHER INFORMATION CONTACT.
Issued in Hawthorne, California on November 29, 1994.
Robert C. Bloom,
Acting Manager, Airports Division, AWP-600, Western-Pacific Region.
[FR Doc. 94-30960 Filed 12-15-94; 8:45 am]
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