[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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