[Federal Register Volume 64, Number 242 (Friday, December 17, 1999)]
[Notices]
[Pages 70755-70756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32776]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program Amendment, Baton Rouge 
Metropolitan Airport, Baton Rouge, LA

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the amendment to the noise compatibility program submitted 
by the city of Baton Rouge, Louisiana under the provisions of Title 49, 
USC, Chapter 475 and 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 March 31, 1992, 
the FAA determined that the noise exposure maps submitted by the city 
of Baton Rouge, Louisiana under Part 150 were in compliance with 
applicable requirements. On September 22, 1992, the Administrator 
approved the noise compatibility program. On December 1, 1999, an 
amendment to the program was approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the 
amendment to the Baton Rouge Metropolitan Airport noise compatibility 
program is December 1, 1999.

FOR FURTHER INFORMATION CONTACT: Mike Saupp, Department of 
Transportation, Federal Aviation Administration, 2601 Meacham 
Boulevard, Fort Worth, Texas, 76137, (817) 222-5645. 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 amendment to the noise compatibility 
program for Baton Rouge Metropolitan Airport, effective December 1, 
1999.
    Under Title 49 USC, Section 47504 (Hereinafter referred to as 
``Title 49''), 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 within the area 
covered by the noise exposure maps. Title 49 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 Title 49 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

[[Page 70756]]

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 Division Office in Fort Worth, Texas.
    On June 10, 1999, the FAA accepted from the city of Baton Rouge, 
Louisiana a proposed amendment to the previously approved noise 
compatibility plan. Notice of this acceptance was published in the 
Federal Register on June 17, 1999.
    The amendment to the noise compatibility program adds an action 
element to purchase a noise navigation easement on certain noise-
impacted properties from willing property owners. It was requested that 
the FAA evaluate and approve this material as an amendment noise 
compatibility program as described in Title 49. The FAA began its 
review of the program on June 10, 1999, and was required by a provision 
of the Act to approve or disapprove the program amendment within 180 
days. Failure to approve or disapprove such a program amendment within 
the 180-day period shall be deemed to be an approval of such program.
    The submitted program amendment contained one proposed action for 
noise mitigation off the airport. The FAA completed its review and 
determined that the procedural and substantive requirements of Title 49 
and FAR Part 150 have been satisfied. The amendment to the program, 
therefore, was approved by the Administrator effective December 1, 
1999.
    This determination is set forth in detail in a Record of Approval 
endorsed by the Administrator on December 1, 1999. The Record of 
Approval, as well as other evaluation materials and the documents 
comprising the submittal, are available at the FAA office listed above 
and at the administrative offices of the city of Baton Rouge, 
Louisiana's Aviation Department.

    Issued in Fort Worth, Texas, December 7, 1999.
Naomi L. Saunders,
Manager, Airports Division.
[FR Doc. 99-32776 Filed 12-16-99; 8:45 am]
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