[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Notices]
[Pages 59129-59130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29682]


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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration


Approval of Noise Compatibility Program, Chattanooga Metropolitan 
(Lovell Field) Airport, Chattanooga, TN

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 
Chattanooga Metropolitan (Lovell Field) Airport 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 nonfederal 
responsibilities in Senate Report No. 96-52 (1980). On March 27, 1996, 
the FAA determined that the noise exposure maps submitted by the 
Chattanooga Metropolitan Airport Authority under Part 150 were in 
compliance with applicable requirements. On September 23, 1996, the 
Administrator approved the Chattanooga Metropolitan (Lovell Field) 
Airport nose compatibility program. All of the recommendations of the 
program were approved in full or in part.

EFFECTIVE DATE: The effective date of the FAA's approval of the 
Chattanooga Metropolitan (Lovell Field) Airport noise compatibility 
program is September 23, 1996.

FOR FURTHER INFORMATION CONTACT:
Jerry O. Bowers, Federal Aviation Administration. Memphis Airports 
District Office, 2851 Directors Cove, Suite 3, Memphis, Tennessee 
38131-0301; Telephone 901-544-3495. Documents reflecting this FAA 
action may be reviewed at this same location.

SUPPLEMENTAL INFORMATION: This notice announces that the FAA has given 
its overall approval to the noise compatibility program for Chattanooga 
Metropolitan (Lovell Field) Airport, effective September 23, 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 and the Act and is limited to the following 
determinations:

[[Page 59130]]

    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 Memphis, Tennessee.
    The Chattanooga Metropolitan (Lovell Field) Airport Authority 
submitted to the FAA on February 13, 1996, the noise exposure maps, 
descriptions, and other documentation produced during the FAR Part 150 
supplemental noise compatibility planning study conducted from November 
1992 through October 1995. The Chattanooga Metropolitan (Lovell Field) 
Airport noise exposure maps were determined by FAA to be in compliance 
with applicable requirements on March 27, 1996. Notice of this 
determination was published in the Federal Register on April 8, 1996.
    The Chattanooga Metropolitan (Lovell Field) Airport FAR Part 150 
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 1997. 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 27, 
1996, and was required by 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 an approval of such a 
program.
    The submitted program contained 15 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 September 23, 1996.
    Approval for Part 150 was granted, in total or in part, for all of 
the proposed measures. Land Use measures include soundproofing, land 
acquisition voluntary within the DNL 65, voluntary acquisition 
immediately outside the DNL 65 if partial acquisition of a community/
subdivision would disrupt community cohesion or produce other 
detrimental environmental results and construction of a sound barrier 
in which a significant number of homeowners opt to remain in the area 
of land acquisition in the Pine Grove Estates-Portview Hills 
subdivision.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on September 23, 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 
Chattanooga Metropolitan Airport Authority.

    Issued in Memphis, Tennessee, November 13, 1996.
LaVerne F. Reid,
Manager, Memphis Airports District Office.
[FR Doc. 96-29682 Filed 11-19-96; 8:45 am]
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