[Federal Register Volume 71, Number 74 (Tuesday, April 18, 2006)]
[Notices]
[Pages 19921-19922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3659]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program for Buffalo Niagara 
International Airport, 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 Niagara 
Frontier Transportation Authority (NFTA) 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 7, 
2005 the FAA determined that the noise exposure maps submitted by the 
Niagara Frontier Transportation Authority under Part 150 were in 
compliance with applicable requirements. On March 3, 2006, the FAA 
approved Buffalo Niagara International Airport's noise compatibility 
program. Most of the recommendations of the program update were 
approved. Four measures were disapproved for Part 150 purposes.

DATES: Effective Date: The effective date of the FAA's approval of the 
Buffalo Niagara International Airport's noise compatibility program 
update is March 3, 2006.

FOR FURTHER INFORMATION CONTACT: Maria Stanco, Environmental Protection 
Specialist, 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 Buffalo 
Niagara International Airport, effective March 3, 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

[[Page 19922]]

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 measures 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 New York Airports District Office in Garden 
City, New York.
    The Niagara Frontier Transportation Authority submitted its noise 
exposure maps, descriptions, and other documentation produced during 
the noise compatibility study in 2003 to the FAA on March 7, 2005. The 
Buffalo Niagara International Airport's noise exposure maps were 
determined by FAA to be in compliance with applicable requirements on 
September 7, 2005. Notice of this determination was published in the 
Federal Register on September 21, 2005.
    The Buffalo Niagara International 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 104(b) of the Act. The 
FAA began its review of the program on September 7, 2005 and was 
requested 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 sixteen 
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 March 
3, 2006.
    Twelve of the sixteen program measures have been approved in whole 
or in part. Four measures were disapproved for Part 150 purposes.
    Noise abatement element 1 (extension of Quiet Time designation), 
element 2 (preferential runway use), and element 4 (preferential 
arrival corridors) were disapproved for purposes of Part 150 due to a 
lack of demonstrated noise benefit to noncompatible land uses exposed 
to noise levels of DNL 65 dBA. FAA recognizes that these measures are 
being used on a voluntary basis; a disapproval due to lack of noise 
benefit information would not prohibit a continuation of this practice. 
Noise abatement measure 3 (preferential departure corridors) was 
disapproved for purposes of Part 150. This measure provides noise 
benefits to land uses exposed to noise levels less than DNL 65 dBA. The 
NFTA has not adopted standards more stringent than Table 1 of 14 CFR 
Part 150, which considers land uses exposed to noise levels less than 
DNL 65 dBA to be compatible. Measure 5 (restrict engine maintenance 
runups during quiet time) and measure 6 (restrict high speed and high 
power taxiing) were approved as voluntary measures only.
    These determinations are set forth in detail in a Record of 
Approval signed by the Acting Associate Administrator for Airports on 
March 3, 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 Niagara Frontier 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, April 7, 2006.
Otto N. Suriani,
Acting Manager, New York Airports District Office.
[FR Doc. 06-3659 Filed 4-17-06; 8:45 am]
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