[Federal Register Volume 65, Number 134 (Wednesday, July 12, 2000)]
[Notices]
[Pages 43070-43071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17611]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


T.F. Green Airport, Warwick, Rhode Island; 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 Rhode 
Island Airport Corporation 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 December 22, 1999, the FAA determined that 
the noise exposure maps submitted by the Rhode Island Airport 
Corporation under Part 150 were in compliance with applicable 
requirements. On June 15, 2000, the Acting Associate Administrator 
approved the T.F. Green Airport noise compatibility program. Of the 47 
proposed program elements, 40 were approved and the remaining 7 were 
acknowledged as needing no FAA approval.

EFFECTIVE DATES: The effective date of the FAA's approval of the T.F. 
Green Airport noise compatibility program is June 15, 2000.

FOR FURTHER INFORMATION CONTACT: John C. Silva, Federal Aviation 
Administration, New England Region,

[[Page 43071]]

Airports Division, 12 New England Executive Park, Burlington, 
Massachusetts 01803, Telephone (617) 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 T.F. Green Airport noise compatibility 
program, effective June 15, 2000.
    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 
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 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 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 Rhode Island Airport Corporation submitted to the FAA, on 
November 4, 1999, noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from March 1998 to November 1999. The T.F. Green Airport 
noise exposure maps were determined by FAA to be in compliance with 
applicable requirements on December 22, 1999. Notice of this 
determination was published in the Federal Register on January 5, 2000.
    The T.F. Green 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 2003. 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 
December 22, 1999, 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 47 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 Acting Associate Administer effective June 15, 
2000.
    Of the 47 proposed program elements, 40 were approved and the 
remaining 7 were acknowledged as needing no FAA approval. The 47 
program elements include construction of a parallel taxiway and noise 
barriers, a voluntary nighttime use restriction between midnight and 6 
am for scheduled air carriers and discouragement of engine maintenance 
run-ups during this period, discouragement of engine start-ups and 
auxiliary power units prior to the end of the 6 am voluntary use 
restriction period, designation of close-in noise abatement departure 
procedures for various runways, establishment of air traffic control 
procedures for noise abatement, voluntary acquisition of approximately 
210 residences within or adjacent to the 70 DNL noise contour, sound 
insulation of approximately 830 residences between the 65 DNL and 70 
DNL noise contours, implementation of a formal Fair Disclosure Policy 
for real estate within the 65 DNL noise contour, a recommendation that 
the city of Warwick update its Comprehensive Plan to address the 
influence of the airport on surrounding community land use, 
investigation into the sound insulation of two schools outside of the 
65 DNL noise contour, installation of a permanent noise monitoring 
system, implementation of a ``Fly Quiet'' public relations program, 
establishment of a continuing noise abatement committee to monitor and 
assist in the implementation of various noise abatement measures, 
further study analyze the possible extension of Runway 16-34 for noise 
abatement purposes, and continuation of various program measures from 
the 1986 approved Noise Compatibility Program.
    FAA's determinations are set forth in detail in a Record of 
Approval endorsed by the Acting Associate Administrator on June 15, 
2000. 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 office of the Rhode Island Airport 
Corporation, T.F. Green Airport, 2000 Post Road, Warwick, RI.

    Issued in Burlington, Massachusetts on June 22, 2000.
Bradley A. Davis,
Acting Manager, Airports Division, New England Region.
[FR Doc. 00-17611 Filed 7-11-00; 8:45 am]
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