[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Notices]
[Pages 53799-53800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22623]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Waimea-Kohala Airport, 
Kamuela, Hawaii

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 state of 
Hawaii, Department of Transportation under the provisions of Title I of 
the Aviation Safety and Noise Abatement Act of 1979 (Public Law 96-193) 
and Title, 14 Code of Federal Regulations, Part 150 (FAR Part 150). 
These findings are made in recognition of the description of Federal 
and nonfederal responsibilities in Senate Report No. 96-52 (1980). On 
February 14, 2000, the FAA determined that the noise exposure maps 
submitted by the state of Hawaii, Department of Transportation under 
FAR Part 150 were in compliance with applicable requirements. On August 
9, 2000, the Associate Administrator for Airports approved six of the 
seven program measures included in the Waimea-Kohala Airport Noise 
Compatibility Program. One measure was approved as a voluntary measure, 
five measures were approved outright, and one measure was disapproved 
pending the submission of additional information.

EFFECTIVE DATE: The effective date of the FAA's approval of the Waimea-
Kohala Airport Noise Compatibility Program is August 9, 2000.

FOR FURTHER INFORMATION CONTACT: David Welhouse, Airport Planner, 
Federal Aviation Administration, Honolulu Airports District Office, 
HNL-621. Telephone: (808) 541-1243. Mailing address: P.O. Box 50244, 
Honolulu, Hawaii 96850-0001. Street address: 300 Ala Moana Blvd., Room 
7-128, Honolulu, HI 96813. Documents reflecting this FAA action may be 
reviewed at this location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the Noise Compatibility Program for the Waimea-
Kohala Airport, effective August 9, 2000.
    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 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 FAR Part 150 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, 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

[[Page 53800]]

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 District office in Honolulu, Hawaii.
    The State of Hawaii, Department of Transportation submitted to the 
FAA on January 25, 2000, the noise exposure maps, descriptions, and 
other documentation produced during the noise compatibility planning 
study conducted from May 1997 through November 1998. The Waimea-Kohala 
Airport noise exposure maps were determined by FAA to be in compliance 
with applicable requirements on February 14, 2000. Notice of this 
determination was published in the Federal Register on February 29, 
2000.
    The Waimea-Kohala Airport study contains a proposed Noise 
Compatibility Program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions. 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 14, 2000, 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 seven 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 Associate Administrator for 
Airports approved the overall program effective August 9, 2000.
    Six of the seven program elements were approved. The following 
measure was approved as a voluntary measure: The State of Hawaii, 
Department of Transportation, Airports Division should remind pilots of 
the existing noise sensitive areas within the Airport environs and that 
the overflight of these areas should be avoided. The following five 
measures were approved outright: Use comprehensive planning and zoning 
to maintain compatible land use; Acquiring avigation easements from 
landowners that presently have compatible land but may become 
incompatible due to future development; Acquiring development rights 
from land owners which presently own land that has a compatible land 
use; Review and modification of Subdivision Regulations; the use of tax 
incentives to maintain compatible land use. The following measure was 
disapproved pending submission of additional information: Land banking 
will allow DOTA to purchase, in fee, existing compatible properties to 
ensure that these properties would remain compatible land uses.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Associate Administrator for Airports on August 
9, 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 administrative offices of the 
state of Hawaii, Department of Transportation, Airport Division.

    Issued in Hawthorne, California on August 21, 2000.
Herman C. Bliss,
Manager, Airports Division, AWP-600, Western-Pacific Region.
[FR Doc. 00-22623 Filed 9-1-00; 8:45 am]
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