[Federal Register Volume 71, Number 48 (Monday, March 13, 2006)]
[Notices]
[Pages 12768-12769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2350]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program for the Atlantic City 
International Airport, Atlantic City, NJ

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by the South 
Jersey Transportation 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 July 15, 2005 
the FAA determined that the noise exposure maps submitted by the South 
Jersey Transportation Authority under part 150 were in compliance with 
applicable requirements. On January 11, 2006, the FAA approved the 
Atlantic City International Airport's noise compatibility program. FAA 
approved in whole or in part all three proposed measures.

DATES: The effective date of the FAA's approval of the Atlantic City 
International Airport's noise compatibility program update is January 
11, 2006.

FOR FURTHER INFORMATION CONTACT: Maria Stanco, Environmental Protection 
Specialists, Federal Aviation Administration, New York Airports 
District Office, 600 Old Country Road, Suite 446, Garden City, NY 
11530, Telephone 516 227-3808. 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 the 
Atlantic City International Airport, effective January 11, 2006.
    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

[[Page 12769]]

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 uses 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 New York Airports District Office in Garden 
City, New York.
    The South Jersey Transportation Authority submitted its noise 
exposure maps, descriptions, and other documentation produced during 
the noise compatibility study in 2003 to the FAA on December 31, 2004. 
The Atlantic City International Airport's noise exposure maps were 
determined by FAA to be in compliance with applicable requirements on 
July 15, 2005. Notice of this determination was published in the 
Federal Register on July 27, 2005.
    The Atlantic City International Airport study contains a proposed 
noise compatibility program update 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 104(b) of the Act. 
The FAA began its review of the program on July 15, 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 contained three 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 Acting Associate 
Administrator for Airports approved the overall program effective 
January 11, 2006.
    All three program measures have been approved in whole or in part. 
Measure 3 (use of Runway 13-31 as the preferential runway for night 
departures) was disapproved in part due to ATCT concerns.
    These determination are set forth in detail in a Record of Approval 
signed by the Acting Associate Administrator for Airports on January 
11, 2006. 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 administration offices of the 
South Jersey Transportation Authority. The Record of Approval also will 
be available on-line at http://www.faa.gov/arp/environmental/14cfr150/index14.cfm.

    Issued in Garden City, New York, March 3, 2006.
Otto N. Suriani,
Acting Manager, New York Airports District Offices.
[FR Doc. 06-2350 Filed 3-10-06; 8:45 am]
BILLING CODE 4910-13-M