[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Notices]
[Pages 69198-69200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22492]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program Update for Lehigh Valley 
International Airport, Allentown, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by the Lehigh-
Northampton 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 May 14, 2004 the 
FAA determined that the noise exposure maps submitted by the Lehigh-
Northampton Airport Authority under Part 150 were in compliance with 
applicable requirements. On October 7, 2005, the FAA approved the 
Lehigh Valley International Airport's updated noise compatibility 
program. Most of the recommendations of the program update were 
approved. One program element relating to revised flight procedures for 
noise abatement was proposed by the airport operator and was approved 
in part, as a voluntary measure, and disapproved in part. Only one 
noise abatement element was disapproved for purposes of Part 150 
pending submission of additional information needed to make an informed 
analysis. The Lehigh-Northampton Airport Authority has also requested 
under FAR Part 150, section 150.35(f), that FAA determine that the 
revised five-year forecast condition NEM submitted with the noise 
compatibility program and showing noise contours as a result of the 
implementation of the noise compatibility program is in compliance with 
applicable requirements of FAR Part 150. The FAA announces its 
determination that the revised five-year forecast condition NEW for the 
Lehigh Valley International Airport for the year 2008 submitted with 
the noise compatibility program is in compliance with applicable 
requirements of FAR Part 150 effective October 31, 2005. The 
documentation that constitutes the revised five-year forecast condition 
NEM as defined in Sec. Sec.  150.7 and 150.101(e) of Part 150 includes 
but is not limited to: Sections 2.2 and 2.3, Figure 3, and Table 3 in 
the NCP Update, and Figure 11 and Figures 36 through 45 in the NEM 
volume. The FAA has determined that this revised five-year forecast 
condition NEM and accompanying documentation are in compliance with 
applicable requirements.

DATES: The effective date of the FAA's approval of the Lehigh Valley 
International Airport's noise compatibility program update is October 
7, 2005. The effective date of the FAA's determination on the revised 
five-year forecast condition NEM is October 31, 2005.

FOR FURTHER INFORMATION CONTACT: Edward S. Gabsewics, CEP, 
Environmental Protection Specialist, Federal Aviation Administration,

[[Page 69199]]

Harrisburg Airports District Office, 3905 Hartzdale Drive, Suite 508, 
Camp Hill, PA 17011, Telephone 717-730-2832. 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 update for the 
Lehigh Valley International Airport, effective October 7, 2005, and 
that the revised five-year forecast condition NEM for 2008 for this 
same airport is determined to be in compliance with applicable 
requirement of FAR Part 150.
    A. 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:
    1. The noise compatibility program was developed in accordance with 
the provisions and procedures of FAR Part 150;
    2. 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;
    3. 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
    4. 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 Camp Hill, 
Pennsylvania.
    In December 2003, the Lehigh-Northampton Airport Authority 
submitted its updated noise exposure maps to the FAA along with 
descriptions and other documentation produced during the noise 
compatibility planning study initiated in 2002. The Lehigh Valley 
International Airport's updated noise exposure maps were determined by 
FAA to be in compliance with applicable requirements on May 14, 2004. 
Notice of this determination was published in the Federal Register on 
May 28, 2004.
    The Lehigh Valley International Airport study contains a proposed 
noise compatibility program update comprised of actions designed for 
phased implementation by airport management and adjacent jurisdictions 
from 2005 to 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 April 12, 
2005 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 noise compatibility program update contained twenty 
proposed actions for noise mitigation (six noise abatement elements, 
five lands use elements, and nine implementation program 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 October 7, 2005.
    Approval was granted in whole or in part for nineteen of the twenty 
proposed action elements in the noise compatibility program update. 
Three elements were approved as voluntary measures and one was approved 
in part as a voluntary measure and disapproved in part. Only one 
element was disapproved for Part 150 purposes.
    Noise abatement element 2 (recommending an amendment to the 
existing FAA-approved voluntary NCP measure which calls for the ATCT to 
assign Runway 31 departures a turn to a 360 degree heading as soon as 
practical) was disapproved in part based on concerns voiced by the 
ATCT. Noise abatement element 5 was disapproved for purposes of Part 
150 pending submission of additional information to make an informed 
analysis about its noise benefits.
    These determinations are set forth in detail in a Record of 
Approval signed by the Associate Administrator for Airports on October 
7, 2005. 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 
Lehigh-Northampton Airport Authority. The Record of Approval also will 
be available on-line at http://www.faa.gov/arp/environmental/14cfr150/index14.cfm.
    B. The FAA also has completed its review of the revised five-year 
forecast condition NEM and related descriptions submitted by Lehigh-
Northampton Airport Authority. The specific map under consideration is 
included in the NCP Update submission as Figure 3. This map is 
supported by Sections 2.2 and 2.3, Figure 3, and Table 3 in the NCP 
Update, and Figure 11 and Figures 36 through 45 in the NEM volume. The 
FAA has determined that this revised five-year forecast condition NEM 
map for the Lehigh Valley International Airport is in compliance with 
applicable requirements. This determination is effective on October 31, 
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.

[[Page 69200]]

    If questions arise concerning the precise relationship of specific 
properties to noise exposure contours depicted on a noise exposure map 
submitted under section 47503 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 47506 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 that submitted those maps, 
or with those public agencies and planning agencies with which 
consultation is required under section 47503 of the Act. The FAA has 
relied on the certification by the airport operator, under section 
150.21 of FAR Part 150, that the statutorily required consultation has 
been accomplished.
    Copies of the revised five-year forecast condition NEM and of the 
FAA's evaluation of the revised NEM, and copies of the record of 
approval and other evaluation materials and documents which comprised 
the submittal to the FAA are available for examination at the following 
locations:
    Federal Aviation Administration Harrisburg Airports District 
Office, 3905 Hartzdale Drive, Suite 508, Camp Hill, PA 17011 and 
Lehigh-Northampton Airport Authority, 3311 Airport Road, Allentown, PA 
18109.
    Questions on either of these FAA determinations may be directed to 
the individual named above under the heading FOR FURTHER INFORMATION 
CONTACT.

    Dated: Issued in Camp Hill, Pennsylvania, October 31, 2005.
Wayne T. Heibeck,
Manager, Harrisburg Airports District Office.
[FR Doc. 05-22492 Filed 11-10-05; 8:45 am]
BILLING CODE 4910-13-M