[Federal Register Volume 69, Number 143 (Tuesday, July 27, 2004)]
[Notices]
[Pages 44708-44709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17020]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


FAA Approval of Noise Compatibility Program; Lincoln Airport, 
Lincoln, NE

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 Lincoln 
Airport Authority 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 September 26, 2003, the FAA determined that the 
noise exposure maps submitted by the Lincoln Airport Authority under 
part 150 were in compliance with applicable requirements. On June 7, 
2004, the FAA approved the Lincoln Airport noise compatibility program.

[[Page 44709]]

    Seventeen measures were included in the Lincoln Airport Noise 
Compatibility Plan. Of the seventeen measures, fourteen were approved; 
one measure was approved in part and disapproved in part for the 
purposes of part 150; and two measures were disapproved pending 
submission of addition information. No program elements relating to new 
or revised flight procedures for noise abatement were proposed by the 
airport operator.

EFFECTIVE DATE: The effective date of the FAA's approval of the Lincoln 
Airport noise compatibility program is June 7, 2004.

FOR FURTHER INFORMATION CONTACT: Mark Schenkelberg, 901 Locust, Kansas 
City, Missouri, 64106. 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 Lincoln 
Airport, effective June 7, 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, governmental 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 Regional Office in Kansas City, Missouri.
    Lincoln Airport submitted to the FAA on February 18, 2003, the 
noise exposure maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from February 
2002 through February 2003. The Lincoln Airport noise exposure maps 
were determined by FAA to be in compliance with applicable requirements 
on September 26, 2003. Notice of this determination was published in 
the Federal Register on October 8, 2003 (68 FR 58162).
    The Lincoln Airport 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 2009. 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 
December 10, 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 five Noise Abatement Elements, 
eight Land Use Management Elements, and four Program Management 
Elements. 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 June 7, 2004.
    Outright approval was granted for all the Land Use Management 
Elements and Program Management Elements and for two of the Noise 
Abatement Elements. One Noise Abatement Element was approved in part 
and disapproved in part for purposes of part 150. Two Noise Abatement 
Elements were disapproved pending submission of additional information 
to make an informed analysis.
    These determinations are set forth in detail in a Record of 
Approval signed by the FAA Associate Administrator of Airports on June 
7, 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 
Lincoln Airport. The Record of Approval also will be available on-line 
at http://www.faa.gov/arp/environmental/14cfr150/index14.cfm.

    Issued in Central Region, July 15, 2004.
George A. Hendon,
Manager, Airports Division.
[FR Doc. 04-17020 Filed 7-26-04; 8:45 am]
BILLING CODE 4910-13-M