[Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
[Notices]
[Pages 24153-24154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11487]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Boise Air Terminal, 
Boise, ID

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 Airport 
Director of the Boise Air Terminal under the provisions of Title I of 
the Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 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 September 18, 1996, the FAA determined that 
the noise exposure maps submitted by the Airport Director under Part 
150 were in compliance with applicable requirements. On Marcy 17, 1997, 
the Associate Administrator for Airports approved the Boise Air 
Terminal noise compatibility program. Twenty of the twenty-three 
program measures were approved. Two were disapproved for purposes of 
Part 150 because they permit continued noncompatible development in an 
established noise contour, even though they are at lower densities. One 
measure was partially approved because it contains a zoning segment 
that is not related to reducing or preventing noncompatible land uses.

EFFECTIVE DATE: The effective date of the FAA's approval of the Boise 
Air Terminal noise compatibility program is March 17, 1997.

FOR FURTHER INFORMATION CONTACT: Dennis G. Ossenkop; Federal Aviation 
Administration; Northwest Mountain Region; Airports Division, ANM-611; 
1601 Lind Avenue, SW., Renton, Washington, 98055-4056. Documents 
reflecting this FAA action may be reviewed at this same location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the noise compatibility program for Boise Air 
Terminal, effective March 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 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 a program to be developed in 
consultation with interested and affected parties including the state, 
local communities, governmental 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 judgement for that 
of the airport proprietor with respect to which measures should be 
recommended for action. The FAA's approval or disapproval for 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

[[Page 24154]]

     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 limitation 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 
Seattle, Washington.
    The City of Boise submitted to the FAA the noise exposure maps, 
descriptions, and other documentation produced during the noise 
compatibility planning study conducted at the Boise Air Terminal. The 
Boise Air Terminal noise exposure maps were determined by FAA to be in 
compliance with applicable requirements on September 18, 1996. Notice 
of this determination was published in the Federal Register on 
September 26, 1996.
    The Boise Air Terminal noise compatibility program 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 2000. 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 September 18, 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 fo such 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 150 have been satisfied. The overall program, therefore, was 
approved by the Associate Administrator for Airports effective March 
17, 1997.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Associate Administrator for Airports on March 
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 
Boise Air Terminal.

    Issued in Renton, Washington, on April 18, 1997.
Lowell H. Johnson,
Manager, Airports Division, Northwest Mountain Region.
[FR Doc. 97-11487 Filed 5-1-97; 8:45 am]
BILLING CODE 4910-13-M