[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Notices]
[Pages 42137-42138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14336]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review for Albany International Airport

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure maps submitted by Albany County 
Airport Authority for Albany International Airport under provisions of 
Title I of the Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 
96-193) and 14 CFR part 150 are in compliance with applicable 
requirements. The FAA also announces that it is reviewing a proposed 
noise compatibility program that was submitted for Albany International 
Airport under Part 150 in conjunction with the noise exposure maps, and 
that this program will be approved or disapproved on or before January 
4, 2006.

DATES: The effective date of the FAA's determination on the noise 
exposure maps and of the start of its review of the associated noise 
compatibility program is July 8, 2005. The public comment period ends 
September 6, 2005.

FOR FURTHER INFORMATION CONTACT: Maria Stanco, New York Airports 
District Office, 600 Old Country Road, Suite 440, Garden City, New York 
11530. Comments on the proposed noise compatibility programs should 
also be submitted to the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds 
that the noise exposure maps submitted for the Albany International 
Airport are in compliance with applicable requirements of part 150, 
effective July 8, 2005. Further, FAA is reviewing a proposed noise 
compatibility program for that airport which will be approved or 
disapproved on or before January 4, 2006. This notice also announces 
the availability of this program for public review and comment.
    Under section 103 of the Title I of the Aviation Safety and Noise 
Abatement Act of 1979 (hereinafter referred to as ``the Act''), an 
airport operator may submit to the FAA noise exposure maps which meet 
applicable regulations and which depict non-compatible land uses of the 
date of submission of such maps, a description of projected aircraft 
operations, and the ways in which such operations will affect such 
maps. The Act requires such maps to be developed in consultation with 
interested and affected parties in the local community, government 
agencies and persons using the airport.
    As an airport operator who has submitted noise exposure maps that 
are found by the FAA to be in compliance with the requirements of 
Federal Aviation Regulations (FAR) part 150, promulgated pursuant to 
Title I of the Act, may submit a noise compatibility program for FAA 
approval which sets forth the measures the operator has taken or 
proposes for the reduction of existing non-compatible uses and for the 
prevention of the introduction of additional non-compatible uses.
    The Albany County Airport Authority submitted to the FAA on April 
9, 2003, and supplemented with additional information, dated November 
18, 2004, noise exposure maps, descriptions and other documentation. It 
was requested that the FAA review this material as the noise exposure 
maps, as described in section 103(a)(1) of the Act, and that the noise 
mitigation measures, to be implemented jointly by the airport and 
surrounding communities, be approved as a noise compatibility program 
under section 10(b) of the Act.
    The FAA has completed its review of the noise exposure maps and 
related description submitted by the Albany County Airport Authority. 
The specific maps under consideration are the 2003 Noise Exposure Map 
(NEM-1) and the 2008 Noise Exposure Map (NEM-2), Flight Tracks 
(Exhibits D-3, 3a, 4, 4a), Monitoring sites (Exhibit C-1), and Noise 
Sensitive Sites (Exhibit 2-2). Additional description is contained in 
Chapter 3 (numbers of residents within noise contours) and Appendices C 
and D, including Fleet Mix (Table D-2), and Runway Use (Table D-3). The 
FAA has determined that these maps, tables and accompanying narrative 
for Albany International Airport are in compliance

[[Page 42138]]

with the applicable requirements. This determination is effective on 
July 8, 2005. FAA's determination on an airport operator's noise 
exposure maps is limited to a finding that the maps were developed in 
accordance with the procedures contained in appendix A of FAR part 150. 
Such determination does not constitute approval of the applicant's 
data, information or plans, or a commitment to approve a noise 
compatibility program or to fund the implementation of that program.
    If questions arise concerning the precise relationship of specific 
properties to noise exposure contours depicted on a noise exposure map 
submitted under section 103 of the Act, it should be noted that the FAA 
is not involved in any way in determining the relative locations of 
specific properties with regard to the depicted noise contours, or in 
interpreting the noise exposure maps to resolve questions concerning, 
for example, which properties should be covered by the provisions of 
section 107 of the Act. These functions are inseparable from the 
ultimate land use control and planning responsibilities of local 
government. These local responsibilities are not changed in any way 
under part 150 or through FAA's review of noise exposure maps. 
Therefore, the responsibility for the detailed overlaying of noise 
exposure contours onto the map depicting properties on the surface 
rests exclusively with the airport operator, which submitted these 
maps, or with those public agencies and planning agencies with which 
consultation is required under section 103 of the Act. The FAA has 
relied on the certification by the airport operator, which under 
section 150.21 of FAR part 150, that the statutorily required 
consultation has been accomplished.
    The FAA has formally received the noise compatibility program for 
Albany International Airport, effective on July 8, 2005. Preliminary 
review of the submitted material indicated that it conforms to the 
requirements for the submittal of noise compatibility programs, but 
that further review will be necessary prior to approval or disapproval 
of the program. The formal review period, limited by law to a maximum 
of 180 days, will be completed on or before January 4, 2006.
    The FAA's detailed evaluation will be conducted under the provision 
of 14 CFR part 150, section 150.33. The primary considerations in the 
evaluation process are whether the proposed measures may reduce the 
level of aviation safety, create an undue burden on interstate or 
foreign commerce, or be reasonably consistent with obtaining the goal 
of reducing existing non-compatible land used and preventing the 
introduction of additional non-compatible land uses.
    Interested persons are invited to comment on the proposed program 
with specific reference to these factors, all comments, other than 
those properly addressed to local land use authorities, will be 
considered by the FAA to the extent practicable. Copies of the noise 
exposure maps and the proposed noise compatibility program are 
available for examination at the following locations:
    Federal Aviation Administration, New York Airports District Office, 
600 Old Country Road, Suite 440, Garden City, NY 11530.
    Albany International Airport, Administration Building, Suite 200, 
Albany, NY 12211-1057.
    Questions may be directed to the individual named above under the 
heading FOR FURTHER INFORMATION CONTACT.

    Issued in Garden City, New York, July 8, 2005.
Philip Brito,
Manager, New York Airports District.
[FR Doc. 05-14336 Filed 7-20-05; 8:45 am]
BILLING CODE 4910-13-M