[Federal Register Volume 66, Number 63 (Monday, April 2, 2001)]
[Notices]
[Pages 17594-17595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7951]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program for Dillingham Airfield, 
Mokuleia, 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 (Part 150). These 
findings are made in recognition of the description of Federal and 
nonfederal responsibilities in Senate Report No. 96-52 (1980). On 
September 14, 2000, the FAA determined that the noise exposure maps 
submitted by the State of Hawaii, Department of Transportation under 
Part 150 were in compliance with applicable requirements. On March 13, 
2001, the Acting Associate Administrator for Airports approved the 
Dillingham Airfield Noise Compatibility Program. Seven of the eight 
recommendations of the program were approved. One measure was approved 
as a voluntary measure, six measures were approved outright, and one 
measure was disapproved pending the submission of additional 
information.

EFFECTIVE DATES: The effective date of the FAA's approval of the 
Dillingham Airfield Noise Compatibility Program is March 13, 2001.

FOR FURTHER INFORMATION CONTACT: David J. Welhouse, Airport Planner 
Honolulu Airports District Office, Federal Aviation Administration, Box 
50244, Honolulu, Hawaii 96850-0001, Telephone: (808) 541-1243; street 
address: 300 Ala Moana Blvd., Room 7-128. 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 
Dillingham Airfield, effective March 13, 2001.
    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

[[Page 17595]]

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 Part 150 program recommendations is measured 
according to the standards expressed in 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. Programs 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 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 District Office in Honolulu, Hawaii.
    The State of Hawaii, Department of Transportation submitted to the 
FAA on December 3, 1998 (original submittal) and April 12, 2000 
(revised pages), the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from May 1997 through November 1998. The Dillingham Airfield 
noise exposure maps were determined by FAA to be in compliance with 
applicable requirements on September 14, 2000. Notice of this 
determination was published in the Federal Register on September 27, 
2000.
    The Dillingham Airfield study contains a proposed Noise 
Compatibility Program comprised of actions designed for 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 September 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 eight 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 Part 150 have been satisfied. The Acting Associate Administrator 
for Airports approved the overall program effective March 13, 2001.
    Seven of the eight program measures have been approved. The 
following measure was approved as a voluntary measure: Seek voluntary 
cooperation to fly over open spaces and the ocean. The following 
measures were approved outright: Sound attention of impacted residence; 
Use comprehensive planning and zoning; acquire avigation easements; 
acquire development rights; review and modify subdivision regulations; 
and, use of tax incentives. The following measure was disapproved 
pending submission of additional information: Land banking.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Acting Associate Administrator for Airports on 
March 13, 2001. 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.

    Issued in Hawthorne, California on March 22, 2001.
Herman C. Bliss,
Manager, Airports Division.
[FR Doc. 01-7951 Filed 3-30-01; 8:45 am]
BILLING CODE 4910-13-M