[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Notices]
[Pages 52490-52492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25603]


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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration


Approval of Noise Compatibility Program; Kahului Airport, 
Kahului, Maui, Hawaii

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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[[Page 52491]]

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the Noise Compatibility Program submitted by the State of 
Hawaii, Department of Transportation 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 March 4, 1996 the FAA determined that the noise 
exposure maps submitted by the State of Hawaii, Department of 
Transportation under Part 150 were in compliance with applicable 
requirements. On August 30, 1996, the Associate Administrator for 
Airports approved the Kahului Airport Noise Compatibility Program. All 
eight (8) of the program elements were approved. One (1) element was 
approved for study only and one (1) element was approved as a voluntary 
measure.

EFFECTIVE DATE: The effective date of the FAA's approval of the Kahului 
Airport noise compatibility program is August 30, 1996.

FOR FURTHER INFORMATION CONTACT:
David J. Welhouse, Airport Planner, Honolulu Airports District Office, 
Federal Aviation Administration, Box 50244, Honolulu, Hawaii 96850-
0001, Telephone: (808) 541-1243; street address: 30 Ala Moana Blvd., 
Room 7116. Documents reflecting this FAA action may be reviewed at this 
location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the Noise Compatibility Program for the Kahului 
Airport, effective August 30, 1996.
    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 of 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 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 FAA Airports District Office in Honolulu, Hawaii.
    The State of Hawaii, Department of Transportation submitted to the 
FAA on October 26, 1995, the Noise Exposure Maps, descriptions, and 
other documentation produced during the noise compatibility planning 
study conducted from January 1994 through September 1995. The Kahului 
Airport noise exposure maps were determined by FAA to be in compliance 
with applicable requirements on March 4, 1996. Notice of this 
determination was published in the Federal Register on March 18, 1996.
    The Kahului 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 to 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 
March 4, 1996 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 eight (8) 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 August 30, 1996.
    All eight (8) of the program elements were approved. One (1) 
element was approved for study only and one (1) element was approved as 
a voluntary measure. Approved program measure include: Purchase private 
properties within the 75 DNL contour; Provide sound attenuation for 
residences within the 60 to 75 DNL contours; Monitor development 
proposals in the Kahului Airport environs; Install and operate a noise 
monitoring system; and annually monitor aircraft noise levels and 
operations at Kahului Airport. Approved for study was the measure to 
formalize the informal runway use program. The clarification of an 
informal runway use program was approved as a voluntary measure.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Associate Administrator for Airports on August 
30, 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 administrative offices of the 
State of Hawaii.


[[Page 52492]]


    Issued in Hawthorne, California on September 23, 1996.
Herman C. Bliss,
Manager, Airports Division, AWP-600, Western-Pacific Region.
[FR Doc. 96-25603 Filed 10-4-96; 8:45 am]
BILLING CODE 4910-13-M