[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Notices]
[Pages 58454-58455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29127]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program, Indianapolis 
International Airport, Indianapolis, Indiana

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 
Indianapolis Airport Authority 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 nonfederal responsibilities in Senate Report No. 96-52 
(1980). On April 15, 1998, the FAA determined that the noise exposure 
maps submitted by the Indianapolis Airport Authority under part 150 
were in compliance with applicable requirements. On October 9, 1998, 
the Associate Administrator for Airports approved the Indianapolis 
International Airport noise compatibility program. Thirty-eight of 
forty-eight of the recommendations of the program were wholly or 
partially approved, two were withdrawn, three were disapproved for 
purposes of part 150, and five recommendations required no FAA action.

EFFECTIVE DATE: The effective date of the FAA's approval of the 
Indianapolis International Airport noise compatibility program is 
October 9, 1998.

INFORMATION CONTACT:
Prescott C. Snyder, Airport Environmental Program Manager, 2300 East 
Devon Avenue, Des Plaines, Illinois 60018. Telephone Number (847) 294-
7538/FAX Number (847) 294-7046. 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 
Indianapolis International Airport, effective October 9, 1998.
    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:
    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, Sec. 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. Where federal funding is sought, requests for 
project grants must be submitted to the FAA Chicago Airports District 
Office in Des Plaines, Illinois.
    Indianapolis Airport Authority submitted to the FAA on February 18, 
1998, the noise exposure maps, descriptions, and other documentation 
produced during the noise compatibility planning study conducted from 
November 1996 through February 1998.

[[Page 58455]]

The Indianapolis International Airport noise exposure maps were 
determined by FAA to be in compliance with applicable requirements on 
April 15, 1998. Notice of this determination was published in the 
Federal Register on April 23, 1998.
    The Indianapolis International Airport 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 to the year 2002. 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 April 15, 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 program within the 180-day period shall be 
deemed to be an approval of such program.
    The submitted program contained forty-eight proposed measures for 
noise mitigation. 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 Associate Administrator for Airports effective October 9, 1998.
    Outright or partial approval was granted to thirty-eight of forty-
eight specific program measures. Seventeen of nineteen of the noise 
abatement measures (including four submeasures under NA-4), seventeen 
of twenty-five land use measures and all four of the program management 
measures where wholly or partially approved.
    The other ten measures not approved consisted of two land use 
measures that were withdrawn by the Airport Authority, three land use 
measures that were disapproved by FAA for purposes of part 150, and 
five measures that required no FAA action. Three of the five measures 
requiring no FAA action were land use measures already completed. The 
other two were noise abatement measures incorporating flight 
procedures, which were deferred pending additional FAA review before 
approval or disapproval. This deferral of flight procedures is allowed 
under section 104(b) of the Aviation Safety and Noise Abatement Act of 
1979.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Associate Administrator of Airports on October 
9, 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 administrative offices of the 
Indianapolis Airport Authority.

    Issued in Des Plaines, Illinois on October 22, 1998.
Pene' A Beversdorf,
Acting Manager, Chicago Airports District Office FAA, Great Lakes 
Region,
[FR Doc. 98-29127 Filed 10-29-98; 8:45 am]
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