[Federal Register Volume 62, Number 25 (Thursday, February 6, 1997)]
[Notices]
[Pages 5665-5666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2962]


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DEPARTMENT OF TRANSPORTATION

Approval of Noise Compatibility Program, McGhee Tyson Airport, 
Knoxville, 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 
Metropolitan Knoxville Airport Authority under the provision 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 April 28, 1993, the FAA determined that the noise 
exposure maps submitted by the Metropolitan Knoxville Airport Authority 
under Part 150 were in compliance with applicable requirements. On 
January 17, 1997, the Administrator approved the McGhee Tyson Airport 
noise compatibility program. All of the recommendations of the program 
were approved in full or in part. The noise compatibility program 
updates the original noise compatibility program, approved May 5, 1989, 
for McGhee Tyson Airport.

EFFECTIVE DATE: The effective date of the FAA's approval of the McGhee 
Tyson Airport noise compatibility program is January 17, 1997.

FOR FURTHER INFORMATION CONTACT:
Peggy S. Kelley, Federal Aviation Administration, Memphis Airports 
District Office, 2851 Directors Cove, Suite 3, Memphis, Tennessee 
38131-0301; Telephone 901-544-3495, Ext. 19. Documents reflecting the 
FAA action may be reviewed at the same location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the noise compatibility program for McGhee 
Tyson Airport, effective January 17, 1997.
    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

[[Page 5666]]

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:
    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 Metropolitan Knoxville Airport Authority submitted to the FAA 
on July 5, 1995, the noise exposure maps, descriptions, and other 
documentation produced during the FAR Part 150 supplemental noise 
compatibility planning study conducted from October 1994 through June 
1995. The McGhee Tyson Airport noise exposure maps were determined by 
FAA to be in compliance with applicable requirements on October 12, 
1995. Notice of this determination was published in the Federal 
Register on October 26, 1995.
    The McGhee Tyson Airport 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 2000. It was requested that the FAA evaluate 
and approved 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 July 22, 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 two noise abatement measures, 13 
land use measures and an amendment to a previously approved land use 
measure; and three program management actions. 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 January 17, 
1997.
    Approval for Part 150 was granted, in total or in part, for both of 
the proposed operational (noise abatement) measures. The operational 
procedures will require an environmental decision before implementation 
by FAA. Approval was granted for all the land use and implementation 
actions. Land Use measures include establishing an airport influence 
area; airport noise overlay zoning for land use compatibility; amend 
subdivision regulations to require dedication of aviation easements; 
local building code amendments for sound insulation; promote fair 
disclosure; acquisition of homes within the 65 DNL; acquisition of 
underdeveloped residential-zoned land within the 65 DNL contour; sound 
insulation; and aviation easements. An amendment to a previously 
approved measure for purchase assurance or sound insulation extended 
this mitigation to the remaining homes in the neighborhood. These 
determinations are set forth in detail in a Record of Approval endorsed 
by the Administrator on January 17, 1997. 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 Metropolitan Knoxville Airport 
Authority.

    Issued in Memphis, Tennessee, January 30, 1997.
Wayne R. Miles,
Assistant Manager, Memphis Airports District Office.
[FR Doc. 97-2962 Filed 2-5-97; 8:45 am]
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