[Federal Register Volume 69, Number 105 (Tuesday, June 1, 2004)]
[Notices]
[Pages 30982-30984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12329]



[[Page 30982]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


FAA Approval of Noise Compatibility Program; Louisville 
International Airport, Louisville, KY

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 Louisville 
Regional Airport Authority (formerly dba, Regional Airport Authority of 
Louisville and Jefferson County, Kentucky) under the provisions of 49 
U.S.C. (the Aviation Safety and Noise Abatement Act, hereinafter 
referred to as ``the Act'') and 14 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 November 18, 
2003, the FAA determined that the noise exposure maps submitted by 
Louisville Regional Airport Authority (LRAA) under Part 150 were in 
compliance with applicable requirements. On May 14, 2004, the FAA 
approved the Louisville International Airport noise compatibility 
program. Twenty of the forty-two recommendations of the program were 
approved; eight of the forty-two recommendations were approved in part; 
three measures were disapproved; and four measures of the forty-two 
recommendations were disapproved for FAR Part 150 purposes. No action 
was taken on seven of the program elements relating to new or revised 
flight procedures for noise abatement proposed by the airport operator 
until further study and/or environmental analysis are completed.

DATES: Effective Date:
    The effective date of the FAA's approval of the Louisville 
International Airport noise compatibility program is May 14, 2004.

FOR FURTHER INFORMATION CONTACT: Jerry O. Bowers, Airports Program 
Manager, 2862 Business Park Drive, Building G, Memphis, Tennessee 
38118-1555, Telephone: (901) 322-8184. 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 noise compatibility program for Louisville 
International Airport, May 14, 2004.
    Under section 47504 of 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 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 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 
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 Memphis, Tennessee.
    Louisville Regional Airport Authority submitted to the FAA on 
February 12, 2003, the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from April 16, 1999, through February 12, 2003. The 
Louisville International Airport noise exposure maps were determined by 
FAA to be in compliance with applicable requirements on November 18, 
2003. Notice of this determination was published in the Federal 
Register on December 15, 2003.
    The Louisville International Airport study contains a proposed 
noise compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
February 12, 2003, beyond the year 2008. It was requested that the FAA 
evaluate and approve this material as a noise compatibility program as 
described in section 47504 of the Act. The FAA began its review of the 
program on November 18, 2003, and was required by a provision of the 
Act to approve or disapprove the program within 180 days (other than 
the use of new or modified 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 42 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 the Act 
and FAR Part 150 have been satisfied. The overall program, therefore, 
was approved by the FAA effective, May 14, 2004.
    Outright approval was granted for 20 specific program elements. 
Measures that were approved are: maintain south flow runway preference; 
southbound divergence according to destination, continuation of 
existing Air Traffic Control procedure; maintain Contraflow Program, 
continuation of existing ATC procedure; request the airlines serving 
the airport to use FAA Distant Noise Abatement Departure Procedure in 
Advisory Circular 91-53A, Noise Abatement Departure Procedure; continue 
airport regulation restricting aircraft engine run-ups to certain hours 
and locations; continue the current

[[Page 30983]]

Voluntary Residential Acquisition Program including the Innovative 
Housing Program; expanded Voluntary Residential Acquisition within the 
DNL 65dB to the south of the airport that will continue to be exposed 
to significant noise levels in 2008; provide soundproofing in 
residential areas within the DNL 65 dB contour to the north of the 
airport; offer sound insulation for noncompatible institutional areas 
within the DNL 65 (potentially University of Louisville & additional 
churches); Residential Sales Assistant Program within DNL 65; construct 
an earth berm along the northwest side of the airfield to reduce ground 
noise associated with aircraft departures on Runway 17R: study 
potential noise barrier for Preston Park neighborhood (approved for 
study); LRAA would coordinate with the Planning Commission to adopt a 
policy concerning rezoning from compatible to noncompatible in the 
airport environs; consider disclosure ordinances; avigation easement 
purchase within DNL 65; establish new LRAA staff position dedicated to 
management of the noise compatibility program; establish advisory 
committee composed of community, user, and air traffic control 
interests to maintain coordination among the stakeholders in the noise 
compatibility program; acquire portable noise monitoring equipment to 
enable the Authority's Noise/Environmental Programs Coordinator to 
monitor actual noise and provide accurate information to community 
members; acquire equipment to monitor aircraft operations and establish 
a regular program of monitoring and reporting conformance with 
recommended noise abatement procedures; and the LRAA would use the 
Airport Noise Office as a central point to collect and disseminate 
information.
    Measures that were approved in part are: designate departure and 
arrival flight tracks to be used by all turbojet and applicable 
turboprop aircraft weighing over 12,500 pounds (The measure is 
disapproved for new noise abatement flight tracks outside of existing 
corridors. FAA has suspended RNAV departure procedure development at 
this time); assign GPS/FMS or RNAV equipped aircraft to define FMS/GPS 
departure and arrival flight tracks for turbojet and military aircraft 
(this new measure is disapproved for new noise abatement flight tracks 
outside of existing corridors. FAA has suspended RNAV departure 
procedure development at this time); FMS/GPS departure and arrival 
flight tracks for turboprop aircraft weighing over 12,500 pounds (This 
new measure, is disapproved for new noise abatement flight tracks 
outside of existing corridors. FAA has suspended RNAV departure 
procedure development at this time); Compatible Land Use Planning (the 
portion permitting new incompatible development within the DNL 65 dB is 
disapproved for purposes of Part 150); Subdivision Regulations (the 
portion permitting new incompatible development within the DNL 65 dB is 
disapproved for purposes of Part 150); LRAA would consider 
participation in a Redevelopment Program (Renaissance Zone Program) 
initiative that would redevelop areas in the airport environs as part 
of a joint effort with the Fairgrounds, UPS, and Ford Motor Company 
(the portion permitting new incompatible development within the DNL 65 
dB is disapproved for purposes of Part 150); LRAA would work with the 
Planning Commission to develop an overlay zone, to supplement other 
land use planning techniques (the portion permitting new incompatible 
development within the DNL 65 dB is disapproved for purposes of Part 
150); and Building Code Revision (the portion permitting new 
incompatible development within the DNL 65 dB is disapproved for 
purposes of Part 150).
    The three measures that were disapproved for Part 150 purposes 
because Public Law 108-176, Vision 100-Century Of Aviation 
Reauthorization Act, December 12, 2003, specifically prohibits FAA 
approval of Part 150 measures that call for Federal funding to mitigate 
aircraft noise below DNL 65 are: residential sound insulation for areas 
between DNL 60 and DNL 65 that would experience a 3 dB increase in 
noise levels as a result of the recommended noise abatement measures; 
and the LRAA would offer to purchase avigation easements from 
homeowners in areas exposed to DNL 60 to DNL 65 noise levels that 
experience a 3dB increase in noise exposure and that are eligible for 
residential soundproofing and sales assistance who do not believe they 
would benefit from either program. One measure was disapproved for Part 
150 purposes because it requires departing aircraft to be ``aimed'' 
directly at arriving aircraft, and greater use increases the potential 
for loss of separation between arriving and departing aircraft, which 
introduces safety issues and delay; reduce exceptions to contraflow, 
enhancement of existing measure. This disapproval under Part 150 does 
not prohibit airport management from seeking cooperation from the 
airlines to adjust schedules on a voluntary basis to more closely 
conform to normal peak periods.
    One operational measure that was disapproved is: elimination of 
early descent (new measure, disapproved because the measure as 
described would have the effect of ``prohibiting descents'' rather than 
``discourage descents'' below the minimum, published altitude at the 
identified fixes).
    Measures disapproved pending further information are: limit use of 
north runway extension to aircraft needing full runway length and use 
south extension for departures to the north and construct ground run-up 
enclosure (Hush Houses) if required to reduce noise from maintenance 
run-up activity.
    Operational measures that were not acted on because they require 
further technical evaluation and/or environmental study are: reverse 
east-west preference (day and night), reverse the current runway use 
program to prefer the west runway; morning north flow preference 
(revision of existing measure); use offset departure from Runway 35L 
and offset approach to Runway 17R; request FAA ATCT to require all 
aircraft to intercept the runway centerline at or beyond the initial 
approach fix; request FAA to publish a Standard Instrument Departure 
(SID) procedure for each runway to be used in all weather conditions, 
including VFR conditions (new measure); request FAA to publish a 
Standard Terminal Arrival Route (STAR) for each runway to be used in 
all weather conditions including VFR conditions (new measure); as part 
of the ongoing noise management program, extend noise abatement flight 
tracks beyond those identified in other measures.
    In accordance with FAR Part 150, Section B150.3, the Louisville 
Regional Airport Authority must revise the future Noise Exposure Map, 
NEM 2008 since twelve operational measures were either approved in 
part, disapproved, or action was deferred pending further technical and 
environmental evaluation.
    These determinations are set forth in detail in a Record of 
Approval signed by the Associate Administrator for Airports on May 14, 
2004. 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 
Louisville Regional Airport Authority. The Record of Approval also will 
be available on-line at http://www.faa.gov/

[[Page 30984]]

arp/environmental/14cfr150/index14.cfm.

    Issued in Memphis, Tennessee May 24, 2004.
LaVerne F. Reid,
Manager, Memphis Airports District Office.
[FR Doc. 04-12329 Filed 5-28-04; 8:45 am]
BILLING CODE 4910-13-M