[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Notices]
[Pages 46328-46329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22070]



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DEPARTMENT OF TRANSPORTATION

FAA Approval of Noise Compatibility Program; Fort Worth Spinks 
Airport; Fort Worth, TX

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 
Fort Worth 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 13, 1995, the FAA determined that the noise exposure maps 
submitted by the city of Fort Worth under Part 150 were in compliance 
with applicable requirements. On August 11, 1995, the Administrator 
approved the Fort Worth Spinks Airport noise compatibility program. All 
of the recommendations of the program were approved. No program 
elements relating to mandatory new or revised flight procedures for 
noise abatement were proposed by the city of Fort Worth.

EFFECTIVE DATE: The effective date of the FAA's approval of the Fort 
Worth Spinks Airport noise compatibility program is August 11, 1995.

FOR FURTHER INFORMATION CONTACT:
Mike Nicely, DOT/FAA, Texas Airport Development Office, 2601 Meacham 
Boulevard, Fort Worth, Texas 76193-0653, (817) 222-5606. 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 Fort Worth 
Spinks Airport, effective August 11, 1995
    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 non-
compatible land uses and prevention of additional non-compatible 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 non-compatible land uses around the airport 
and preventing the introduction of additional non-compatible 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 

[[Page 46329]]
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 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 Federal Aviation Administration, Texas Airport 
Development Office, 2601 Meacham Boulevard, Fort Worth, Texas 76193-
0650.
    The city of Fort Worth submitted to the FAA on February 3, 1994, 
the noise exposure maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from November 
1991 through January 1995. The Fort Worth Spinks Airport noise exposure 
maps were determined by FAA to be in compliance with applicable 
requirements on February 13, 1995. Notice of this determination was 
published in the Federal Register on March 6, 1995.
    The Fort Worth Spinks 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 beyond the year 1998. 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 February 13, 1995, 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 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 the Act 
and FAR Part 150 have been satisfied. The overall program, therefore, 
was approved by the Administrator effective August 11, 1995.
    Outright approval was granted for all of the specific program 
elements. The following is a listing of the approved actions on and off 
the airport:
    a. Modify arrival and departure flight tracks (approved as 
voluntary);
    b. Voluntary use of noise abatement departure and arrival 
procedures for aircraft weighing over 12,500 Pounds (approved as 
voluntary);
    c. Maintain current zoning ordinance;
    d. Amend and expand the land use plan for noise compatibility;
    e. Assign a noise abatement officer for noise program management 
for all three city of Fort Worth airports;
    f. Continue public involvement program;
    g. Conduct noise review and update as required.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on August 11, 1995. 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 Fort Worth Department of Aviation Offices.

    Issued in Fort Worth, Texas on August 22, 1995.
Otis T. Welch,
Manager, Texas Airport Development Office.
[FR Doc. 95-22070 Filed 9-5-95; 8:45 am]
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