[Federal Register Volume 61, Number 53 (Monday, March 18, 1996)]
[Notices]
[Pages 11079-11081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6400]



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[[Page 11080]]



DEPARTMENT OF TRANSPORTATION

Pease International Tradeport, Portsmouth, NH; FAA Approval of 
Noise Compatibility Program

agency: Federal Aviation Administration, DOT.

action: Noise.

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Summary: The Federal Aviation Administration (FAA) announces its 
findings in the noise compatibility program submitted by the Pease 
Development Authority 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 non-federal responsibilities in Senate Report No. 96-52 
(1980). On August 14, 1995, the FAA determined that the noise exposure 
maps submitted by the Pease Development Authority under Part 150 were 
in compliance with applicable requirements. On February 9, 1996, the 
Associate Administrator approved the Pease International Tradeport 
noise compatibility program. Out of the 23 proposed program elements, 
22 were approved and one was partially approved.

effective date: The effective date of the FAA's approval of the Pease 
International Tradeport noise compatibility program is February 9, 
1996.

for further information contact: John C. Silva, Federal Aviation 
Administration, New England Region, Airports Division, 12 New England 
Executive Park, Burlington, Massachusetts 01803, telephone: (617) 238-
7602.
    Documents reflecting this FAA action may be obtained from the same 
individual.

supplementary information: This notice announces that the FAA has given 
its overall approval to the Pease International Tradeport noise 
compatibility program, effective February 9, 1996.
    Under Section 104(a) of the Aviation Safety and Noise Abatement Act 
of 1979 (hereinafter 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 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 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 airspace and air traffic control systems, or adversely 
affecting other powers and responsibilities of the Administrator as 
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 under the Airport and Airway Improvement Act of 
1982. Where Federal funding is sought, request for project grants must 
be submitted to the FAA Regional Office in Burlington, Massachusetts.
    The Pease Development Authority submitted to the FAA, on August 1, 
1995, noise exposure maps, descriptions, and other documentation 
produced during the noise compatibility planning study conducted from 
May 1991 to June 1995. The Pease International Tradeport noise exposure 
maps were determined by FAA to be in compliance with applicable 
requirements on August 14, 1995. Notice of this determination was 
published in the Federal Register on August 22, 1995.
    The Pease study contains a proposed noise compatibility program 
comprised of actions designed for implementation by airport management 
and adjacent jurisdictions from the date of study completion to 
approximately 2010. 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 August 
14, 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 a program within the 180-day period shall be deemed to be an 
approval of such a program.
    The submitted program contained 23 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 Assistant Administrator effective February 9, 1996.
    Approval was granted for 22 specific program elements: preferential 
runway use, flight track changes, descent profiles, support for 
navigational aid improvements, run-up areas, a noise barriers, noise-
sensitive location of flight line structures, voluntary aircraft 
nighttime use restriction, updating the study to examine mandatory 
access restrictions in accordance with FAR Part 161, land acquisition, 
sound insulation, a sales assurance program, recommendations for 
construction standards and guidance, subdivision and site review 
regulations, and master planning, and administrative elements which 
include noise monitoring, pilot education, a citizen complaint 
mechanism, a community participation program, and a public outreach 
program.
    One program element was partially approved and partially 
disapproved:

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continuing restrictions on aircraft run-ups.
    FAA's determinations are set forth in detail in a Record of 
Approval endorsed by the Associate Administrator on February 9, 1996. 
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 office of the Pease Development 
Authority, Pease International Tradeport, Portsmouth, New Hampshire.

    Issued in Burlington, Massachusetts on March 5, 1996.
Bradley A. Davis,
Acting Manager, Airports Division, New England Region.
[FR Doc. 96-6400 Filed 3-15-96; 8:45 am]
BILLING CODE 4910-13-M