[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Notices]
[Pages 162-163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24698]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Compatibility Program Notice; Northwest Arkansas Regional 
Airport, Highfill, AR

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 Northwest 
Arkansas Regional Airport 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 June 7, 2005, the FAA determined that the 
noise exposure maps submitted by Northwest Arkansas Regional Airport 
Authority under Part 150 were in compliance with applicable 
requirements. On December 2, 2005, the FAA approved the Northwest 
Arkansas Regional Airport noise compatibility program. Both of the 
recommendations of the program were approved. No program elements 
relating to new or revised flight procedures for noise abatement were 
proposed by the airport sponsor.

Effective Date: The effective date of the FAA's approval of the 
Northwest Arkansas Regional Airport noise compatibility program is 
December 2, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Tim Tandy, Federal Aviation 
Administration, ASW-630, Fort Worth, TX 76193-0630; telephone (817) 
222-5635. 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 Northwest 
Arkansas Regional Airport, effective December 2, 2005.
    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 
expresses 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 or 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 fight 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 Fort 
Worth, Texas.
    The Northwest Arkansas Regional Airport Authority submitted to the 
FAA on May 25, 2005, the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from August 4, 2000 through May 25, 2005. The Northwest 
Arkansas Regional Airport Authority noise exposure maps were determined 
by FAA to be in compliance with applicable requirements on June 7, 
2005. Notice of this determination was published in the Federal 
Register on June 22, 2005.
    The Northwest Arkansas Regional Airport requested that the FAA 
evaluate and approve its submitted material as a noise compatibility 
program as described in Section 47504 of the Act. The FAA began its 
review of the program on June 2, 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 program contained two proposed actions for noise 
mitigation. 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 December 2, 2005.
    Outright approval was granted for both of the specific program 
elements. The sponsor proposes to reevaluate the FAR Part 150 Study at 
the end of five years. In addition, if there is a significant change in 
either aircraft types or numbers of operations, or significant new 
facilities, the sponsor proposes to update the study prior to the end 
of the five-year timeframe. The sponsor also proposes to develop a 
Planners Forum type committee to review proposed land use changes in 
the Airport Influence Area. The committee could be composed of planners 
representing the various jurisdictions, regional planners, airport

[[Page 163]]

staff and FAA Air Traffic Control representatives.
    These determinations are set forth in detail in a Record of 
Approval signed by the FAA Associate Administrator for Airports on 
December 2, 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 Northwest Arkansas Regional Airport Authority. The Record of 
Approval also will be available on-line at http://www.faa.gov/arp/environmental/14cfr150/index14.cfm.

    Issued in Fort Worth, Texas, December 23, 2005.
Kelvin L. Solco,
Manager, Airports Division.
[FR Doc. 05-24698 Filed 12-30-05; 8:45 am]
BILLING CODE 4910-13-M