[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Notices]
[Pages 52787-52788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26293]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Manchester Airport, Manchester, NH; FAA Approval of Noise 
Compatibility Program

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 Manchester 
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 non-federal responsibilities in Senate Report No. 96-52 
(1980). On February 6, 1998, the FAA determined that the noise exposure 
maps submitted by the Manchester Airport Authority under Part 150 were 
in compliance with applicable requirements. On August 5, 1998, the 
Associate Administrator approved the Manchester Airport noise 
compatibility program. All of the 15 measures were approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the 
Manchester Airport noise compatibility program is August 5, 1998.

FOR FURTHER INFORMATION CONTACT:
John C. Silva, Federal Aviation Administration, New England Region, 
Airports Division, 12 New England Executive Park, Burlington, 
Massachusetts 01803, Telephone (781) 238-7602.
    Documents reflecting this FAA action may be obtained from the same 
individual.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the Manchester Airport noise compatibility 
program, effective August 5, 1998.
    Under Section 104(a) of the Aviation Safety and Noise Abatement Act 
of 1979 (hereinafter 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 non-compatible 
land uses and prevention of additional non-compatible 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

[[Page 52788]]

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 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 non-compatible land uses around the airport 
and preventing the introduction of additional non-compatible 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 as 
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 a FAA implementing action. A request for Federal 
action or approval to implement specific noise compatibility measures 
may be required, and a 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 under the Airport and Airway Improvement Act of 
1982. Where Federal funding is sought, requests for project grants must 
be submitted to the FAA Regional Office in Burlington, Massachusetts.
    The Manchester Airport Authority submitted to the FAA, in January 
1997, noise exposure maps, descriptions, and other documentation 
produced during the noise compatibility planning study. The Manchester 
Airport noise exposure maps were determined by FAA to be in compliance 
with applicable requirements on February 6, 1998. Notice of this 
determination was published in the Federal Register on February 27, 
1998.
    The Manchester study contains a proposed noise compatibility 
program comprised of actions designed for implementation by airport 
management and adjacent jurisdictions from the date of study completion 
to beyond 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 
February 26, 1998, 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 a program within the 180-day period shall be deemed to 
be 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 Assistant Administrator effective August 5, 1998.
    Approval was granted for all 15 program elements: preferential 
runway use measures, noise abatement departure procedures, rezoning, 
establishment/amendment of noise overlay districts, amendment of 
existing land use plans, sound insulation, expansion of building codes, 
enactment of noise disclosure regulations, continuation of the Part 150 
public involvement program, distribution of a noise abatement brochure, 
installation of airport noise abatement signs, and nose compatibility 
program review and update.
    FAA's determinations are set forth in detail in a Record of 
Approval endorsed by the Associate Administrator on August 5, 1998. 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 airport manager's office, Suite 300, 1 
Airport Drive, Manchester, New Hampshire.

    Issued in Burlington, Massachusetts on September 11, 1998.
Vincent A. Scarano,
Manager, Airports Division, New England Region.
[FR Doc. 98-26293 Filed 9-30-98; 8:45 am]
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