[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Proposed Rules]
[Pages 27876-27877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13577]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91 and 150

[Docket No. 2923]


Compatible Land Use Planning Initiative

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for comments.

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SUMMARY: The FAA is seeking new ideas regarding how the agency can 
better influence land use decisions around airports. Noise contours 
around airports will continue to shrink with the elimination of noisier 
Stage 2 airplanes by the year 2000. The FAA now seeks to develop a 
process that will better influence long-term land use planning and 
zoning around airports. This notice solicits suggestions about methods 
the FAA can use to encourage and help State and local governments 
achieve and maintain land use compatibility around airports.

DATES: Comments must be received on or before June 22, 1998.

ADDRESSES: Comments should be mailed in triplicate to: Federal Aviation 
Administration, Office of the Chief Counsel, Attention: Rules Docket 
(AGC-200), Docket No. 29231, 800 Independence Avenue, SW., Washington, 
DC 20591. Comments may also be sent electronically to the Rules Docket 
by using the following Internet address: [email protected]. 
Comments must be marked Docket No. 29231. Comments may be examined in 
the Rules Docket in Room 915G on weekdays between 8:30 a.m. and 5:00 
p.m., except on Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Alan Trickey, Policy and Regulatory Division, AEE-300, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone, (202) 267-3496; facsimile, (202) 267-5594; email, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Aircraft noise is a serious problem for communities around 
airports. Federal, state and local governments have spent several 
billion dollars for the acquisition of land, soundproofing, changes in 
airport operations and airspace, and processing of complaints. The 
airline industry has expended billions more to acquire quieter aircraft 
that reduce noise exposure levels. Although this collective effort has 
resulted in significant progress, additional measures are needed to 
maintain current gains and prevent the development of new noncompatible 
land uses around airports.
    The FAA has been actively engaged in measures to solve the problem 
of aircraft noise since the 1960's. Specifically, the FAA has issued 
regulations phasing out noisier airplanes. The noisiest Stage 1 
airplanes were phased out of commercial operations in the United States 
by 1988. The current phaseout will eliminate large Stage 2 airplanes 
from operations in the contiguous United States by the year 2000. The 
FAA provides grants to airport operators willing to undertake noise 
abatement measures such as the purchase of land and soundproofing of 
residences.
    Based on several studies, the FAA expects noise contours at most 
airports to continue to shrink for several years into the 21st century 
due to the elimination of noisier aircraft. After the completion of the 
Stage 2 phaseout by the year 2000, the FAA anticipates that these 
contours could begin to expand again at some airports primarily due to 
increases in operations. It is essential for local jurisdictions to 
plan ahead to maintain the land use compatibility already achieved near 
airports and to control land uses to prevent new noise-sensitive 
development within an agreed upon protection zone.
    The U.S. Constitution, gives individual States the authority over 
land use, though such authority is often delegated to local 
governments. Some airports are operated by the state or municipal 
governments that have the power to achieve appropriate land use 
controls through zoning and other authorities. But even when 
governmental bodies are themselves airport operators, the noise effects 
of their airports often occur in areas outside their jurisdictions. 
Land use decisions generally reflect the needs of the community, which 
include but are

[[Page 27877]]

not limited to considerations of aviation noise.
    The FAA is charged with the responsibility to maintain a safe and 
efficient national airspace system. The FAA fosters compatible land use 
planning both to facilitate access to airports commensurate with the 
demands of air commerce and to abate the aviation noise effects in the 
airport vicinity. Even though the Federal government lacks the 
authority to zone land, the FAA may use its influence to encourage 
compatible land use in the vicinity of an airport. The agency exerts 
this influence through airport development grant agreements, 
environmental review requirements, grants for airport noise 
compatibility planning, and educational instruments on compatible land 
use planning. The FAA has issued guidelines for land use compatibility 
around airports to assist those responsible for determining land use. 
These guidelines are primarily contained in 14 CFR Part 150 and related 
guidance.
    In January 1995, an FAA-sponsored Study Group on Compatible land 
Use, which was composed of community, airport, and aviation 
representatives, produced a report with recommendations for Federal 
initiatives to promote compatible land use planning and controls around 
airports. The group's recommendations included the following concepts:
     Provide direct Federal funding through the Airport 
Improvement Program (AIP) to non-airport sponsors who have land use 
planning jurisdiction;
     Encourage cooperative agreements between airport sponsors 
and communities;
     Revise FAA regulations in Part 150 or supporting 
guidelines to recognize and publicize successful land use compatibility 
concepts, encourage more effective public participation and encourage 
innovative land-use control techniques;
     Strengthen the linkage between Part 150 noise 
compatibility programs and existing Federal programs that reinforce 
land use planning, such as Federal Housing Administration and 
Department of Veterans Affairs policies not to accept properties in 
high-noise areas for mortgage insurance.
    The FAA has implemented portions of these recommendations. These 
ideas are presented here only to stimulate thought for addition ideas.

Request for Comments

    The FAA is soliciting comments on any concepts that might serve to 
promote compatible land use planning by state and local authorities and 
to discourage development of noncompatible land uses around airports. 
The FAA is particularly interested in bold, innovative, and creative 
options that could be implemented quickly to discourage development of 
noncompatible land uses, as well as long-term solutions. Comments that 
provide a factual basis for the suggestions are particularly helpful. 
The more specific the suggestions for FAA action, the better. 
Ultimately, any process should achieve long-term cost avoidance for all 
levels of government.
    The FAA will review information from public comments and other 
sources to identify methods that might assist State and local 
governments in achieving and maintaining land use compatibility around 
airports.Further action would depend on the nature and scope of the 
methods identified.
    Communications should identify the notice docket number and be 
submitted in triplicate using one of the media specified in the 
ADDRESSES paragraph above. All communications will be filed in the 
docket. The docket is available for public inspection both before and 
after the closing date for receipt of comments.
    The FAA will acknowledge receipt of a comment if the commenter 
includes a self-addressed, stamped postcard with the comment. The 
postcard should be marked ``Comments to Docket No. [29231].'' When the 
comment is received by the FAA, the postcard will be dated, time 
stamped, and returned to the commenter.

    Issued in Washington, D.C. on May 15, 1998.
James D. Erickson,
Director of Environment and Energy.
[FR Doc. 98-13577 Filed 5-20-98; 8:45 am]
BILLING CODE 4910-13-M