[Federal Register Volume 71, Number 48 (Monday, March 13, 2006)]
[Notices]
[Pages 12767-12768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2351]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program Update for Albany 
International Airport, Albany, NY

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 the Albany 
County 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 July 8, 2005 the 
FAA determined that the noise exposure maps submitted by the Albany 
County Airport Authority under part 150 were in compliance with 
applicable requirements. On January 4, 206, the FAA approved the Albany 
International Airport's updated noise compatibility program. Most of 
the recommendations of the program update were approved. Four measures 
were approved as voluntary measures and four were disapproved in part. 
One measure was disapproved for part 150 purposes.''

DATES: The effective date of the FAA's approval of the Albany 
International Airport's noise computability program update is January 
4, 2006.

FOR FURTHER INFORMATION CONTACT: Maria Stanco, Environmental Protection 
Specialist, Federal Aviation Administration, New York Airports District 
Office, 600 Old County 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 update for the 
Albany International Airport, effective January 4, 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 
computability 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 computability 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

[[Page 12768]]

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 Albany County Airport Authority submitted its noise exposure 
maps, descriptions, and other documentation produced during the noise 
compatibility study in 2002 to the FAA on April 9, 2003, and on 
November 18, 2004. The Albany International Airport's noise exposure 
maps were determined by FAA to be in compliance with applicable 
requirements on July 8, 2005. Notice of this determination was 
published in the Federal Register on July 21, 2005.
    The Albany 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 8, 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 thirty-
one new 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 4, 2006.
    Thirty of the thirty-one program measures have been approved in 
whole or in part. Four measures were approved as voluntary measures and 
four measures were disapproved in part. One measure was disapproved for 
part 150 purposes.
    Noise abatement element 2 (announcement of an approach procedure on 
the ATIS) was disapproved in part due to current FAA procedures on the 
use of the ATIS. Noise abatement measure 5 (engine maintenance run-up 
policies) was disapproved in part pending submission of additional 
information to make an informed analysis. Land use measures 11 
(residential land acquisition) and 15 (acquisition of undeveloped land 
in business/commercial zones) were disapproved in part for purpose of 
part 150 with respect to AIP funding for those parcels outside the DNL 
65 dB noise contour in accordance with Section 189 of Vision 100 
Reauthorization Act. A Supplemental Land Use Measure (to acquire the 
Ann Lee Nursing Home and associated land) was disapproved for purposes 
of part 150 since the NCP did not demonstrate that acquisition was 
necessary to prevent new noncompatible development.
    These determinations are set forth in detail in a Record of 
Approval signed by the Acting Associate Administrator for Airports on 
January 4, 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 administrative offices 
of the Albany County Airport 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 Office.
[FR Doc. 06-2351 Filed 3-10-06; 8:45 am]
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