[Federal Register Volume 67, Number 149 (Friday, August 2, 2002)]
[Notices]
[Pages 50501-50502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19559]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program, Four Corners Regional 
Airport, Farmington, New Mexico

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 City of 
Farmington, New Mexico 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 and Senate 
Report No. 96-52 (1980). On January 9, 2002, the FAA determined that 
the noise exposure maps submitted by the City of Farmington under Part 
150 were in compliance with applicable requirements. On July 8, 2002, 
the Administrator approved the noise compatibility program. Most of the 
recommendations of the program were approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the City of 
Farmington Noise Compatibility Program is July 8, 2002.

FOR FURTHER INFORMATION CONTACT: Joyce M. Porter, Department of 
Transportation, Federal Aviation Administration, 2601 Meacham 
Boulevard, Fort Worth, Texas, 76137, (817) 222-5640. Documents 
reflecting this FAA action may be reviewed at this same location.

[[Page 50502]]


SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the noise compatibility program for Four 
Corners Regional Airport, Farmington, New Mexico, effective July 8, 
2002.
    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 non-compatible 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 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 discrimination 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 
affective other powers and responsibilities of the Administrator 
prescribed by law.
    Specific limitations with respect to FAA's approval or 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.
    The City of Farmington, New Mexico submitted to the FAA on December 
26, 2001, the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from August 10, 1999 through March 28 2002. The City of 
Farmington noise exposure maps were determined by FAA to be in 
compliance with applicable requirements on January 9, 2002. Notice of 
this determination was published in the Federal Register on March 1, 
2002.
    The Noise Compatibility Program 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 2007. It was requested that 
the FAA evaluate and approve this material as a noise compatibility 
program as described in Title 49. The FAA began its review of the 
program on April 12, 2002 and was required by 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 six proposed actions for noise 
mitigation (on and/or 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 overall program, 
therefore, was approved by the Administrator or effective July 8, 2002.
    Outright approval was granted for five of the six specific program 
elements. Elements #1 and #3 involved changes in utilization and 
improvements to engine run-up areas; Element #4 addressed use of 
general aviation noise abatement procedures; Element #5 involved land 
acquisition, avigation easements, and insultation options; and Element 
#6 addressed extension of noise contour zone 2. Element #2 was 
disapproved pending submission of additional information addressing 
utilization of other airports in the area.
    These determination are set forth in detail in a Record of Approval 
endorsed by the Administrator on July 8, 2002. 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 Farmington, New Mexico.

    Issued in Fort Worth, Texas, July 25, 2002.
Naomi L. Saunders,
Manager, Airports Division.
[FR Doc. 02-19559 Filed 8-1-02; 8:45 am]
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