[Federal Register Volume 71, Number 11 (Wednesday, January 18, 2006)]
[Notices]
[Pages 2983-2984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-409]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Compatibility Program Notice; Addison Airport, Addison, TX

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by the town of 
Addison 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 22, 2004, the FAA determined that the noise 
exposure maps submitted by the town of Addison under part 150 were in 
compliance with applicable requirements. On December 22, 2005, the FAA 
approved the Addison Airport noise compatibility program. Most of the 
recommendations of the program were approved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Addison Airport noise compatibility program is December 22, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Blackford, Environmental 
Specialist, Federal Aviation Administration, Texas Airports Development 
Office, ASW-650, 2601 Meacham Boulevard, Fort Worth, Texas 76193-0650. 
Telephone (617) 222-5607. 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 Addison 
Airport, effective December 22, 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 
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

[[Page 2984]]

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 town of Addison submitted to FAA on September 1, 2004, the 
noise exposure maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from October 
2001 through September 2004. The Addison Airport noise exposure maps 
were determined by FAA to be in compliance with applicable requirements 
on September 22, 2004. Notice of this determination was published in 
the Federal Register on September 29, 2004.
    The Addison Airport study contains a proposed noise compatibility 
program comprised of actions designed for phased implementation by 
airport management and adjacent jurisdictions. 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 July 1, 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 nineteen (19) proposed actions for 
noise mitigation on and off the airport. 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 22, 2005.
    Outright approval was granted for twelve (12) of the specific 
program elements. One (1) element was disapproved, one (1) element was 
disapproved pending submittal of additional information, two (2) 
elements were partially approved, and three (3) elements required no 
action. Disapproved element proposed to create a departure procedure 
for runway 15 that incorporates maintaining runway heading for 1.5 
distance measuring equipment (DME) prior to turning on course for 
business jets and turboprop aircraft. In addition to impacts on 
airspace operational efficiency, the element did not meet Part 150 
approval criteria of reducing non-compatible land uses exposed to 65 
DNL. Element disapproved pending submittal of additional information 
proposed acquisition of a 6.98-acre section of land, which borders 
airport property to the northwest and is contained within the 2007 70 
and 75 DNL noise contours. The 6.98-acre section of land is zoned for 
compatible industrial and transportation land uses and is located 
within the jurisdiction of the Town of Addison. Supporting information 
is required to demonstrate that noncompatible development is highly 
likely, and that existing and proposed new local land use controls are 
inadequate to prevent that development. Approved measures included 
sound insulation of fifteen (15) single-family homes and 368 apartment 
units within the 2007 65 DNL contour; one (1) measure contained in the 
Noise Abatement Element; nine (9) measures, two (2) approved in part, 
contained in the Land Use Management Element; and four (4) measures 
included in the Program Management Element.
    These determinations are set forth in detail in a Record of 
Approval signed by the Associate Administrator for Airports, ARP-1, on 
December 22, 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 Addison Airport. 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, January 10, 2006.
Kelvin L. Solco,
Manager, Airports Division.
[FR Doc. 06-409 Filed 1-17-06; 8:45 am]
BILLING CODE 4910-13-M