[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Notices]
[Pages 55658-55659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18930]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review, Portland International Jetport, Portland, ME

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure map for Portland International 
Jetport, as submitted by the City of Portland, Maine under the 
provisions of Title I of the Aviation Safety and Noise Abatement Act of 
1979 (Pub. L. 96-193) and 14 CFR part 150, is in compliance with 
applicable requirements. The FAA also announces that it is reviewing a 
proposed noise compatibility program that was submitted for Portland 
International Jetport under part 150 in conjunction with the noise 
exposure map, and that this program will be approved or disapproved on 
or before March 8, 2006.

EFFECTIVE DATE: The effective date of the FAA's determination on the 
noise exposure map and of the start of its review of the associated 
noise compatibility program is September 9, 2005. The public comment 
period ends on November 11, 2005.

FOR FURTHER INFORMATION CONTACT: John C. Silva, Federal Aviation 
Administration, New England Region, Airports Division, ANE-600, 12 New 
England Executive Park, Burlington, Massachusetts 01803.
    Comments on the proposed noise compatibility program should also be 
submitted to the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds 
that the noise exposure map submitted for Portland International 
Jetport is in compliance with applicable requirements of part 150, 
effective September 9, 2005. Further, FAA is reviewing a proposed noise 
compatibility program for that airport which will be approved or 
disapproved on or before March 8, 2006. This notice also announces the 
availability of this

[[Page 55659]]

program for public review and comment.
    Under section 103 of 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 a noise exposure map which meets 
applicable regulations and which depicts non compatible land uses as of 
the date of submission of such map, a description of projected aircraft 
operations, and the ways in which such operations will affect such map. 
The Act requires such map to be developed in consultation with 
interested and affected parties in the local community, government 
agencies, and persons using the airport. An airport operator who has 
submitted a noise exposure map that is found by FAA to be in compliance 
with the requirements of Federal Aviation Regulation (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 introduction of additional 
non-compatible uses.
    The city of Portland, Maine submitted to the FAA, on August 31, 
2005, a noise exposure map, descriptions, and other documentation that 
were produced during the Airport Noise Compatibility Planning (part 
150) study at Portland International Jetport from December 2001 to 
August 2005. It was requested that the FAA review this material as the 
noise exposure map, 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 104(b) of the Act.
    The FAA has completed its review of the noise exposure maps and 
related descriptions submitted by City of Portland, Maine. The specific 
maps under consideration were: (1) ``Figure 24. Noise Exposure Map DNL 
Contours for Year 2002 Operations with and without Terrain 
Adjustments''; (2) ``Figure 26. Noise Exposure Map DNL Contours for 
2007 Forecast Operations Compared to Contours for 2002 Existing 
Operations''; and (3) ``Figure 38. Noise Compatibility Program DNL 
Contours for 2007 NEM''; along with the supporting documentation in 
Noise Exposure Map and Noise Compatibility Program Updates, August 
2005. The FAA has determined that the maps for Portland International 
Jetport are in compliance with applicable requirements. This 
determination is effective on September 9, 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 the 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 map 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 a noise exposure map. 
Therefore, the responsibility for the detailed overlaying of noise 
exposure contours onto the map depiciting properties on the surface 
rests exclusively with the airport operator that submitted the map, 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, under Sec.  150.21 
of FAR part 150, that the statutorily required consultation has been 
accomplished.
    The FAA has formally received the noise compatibility program for 
Portland International Jetport, also effective on September 9, 2005. 
Preliminary review of the submitted material indicates 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 March 8, 2006. 
The FAA's detailed evaluation will be conducted under the provisions of 
14 CFR part 150, Sec.  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 uses 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 map, the FAA's evaluation of the map, and the proposed noise 
compatibility program are available for examination at the following 
locations:

Portland International Jetport, 1001 Westbrook Street, Portland, Maine 
04102.
Federal Aviation Administration, New England Region, Airports Division, 
ANE-600, 16 New England Executive Park, Burlington, Massachusetts 
01803.

    Questions may be directed to the individual named above under the 
heading: FOR FURTHER INFORMATION CONTACT.

    Dated: Issued in Burlington, Massachusetts on September 9, 2005.
LaVerne F. Reid,
Manager, Airports Division.
[FR Doc. 05-18930 Filed 9-21-05; 8:45 am]
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