[Federal Register Volume 71, Number 89 (Tuesday, May 9, 2006)]
[Notices]
[Pages 27022-27023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4327]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Portland International Jetport, Portland, ME; FAA Approval of 
Noise Compatibility Program

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 City of 
Portland under the provisions of Title I of the Aviation Safety and 
Noise Abatement Act of 1979 (Pub. L. 96-193) and 14 CFR part 150. These 
findings are made in recognition of the description of federal and non-
federal responsibilities in Senate Report No. 96-51 (1980). On 
September 9, 2005, the FAA determined that the noise exposure maps 
submitted by the City of Portland under part 150 were in compliance 
with applicable requirements. On March 8, 2006, the Acting Associate 
Administrator approved the Portland International Jetport noise 
compatibility program. All 13 of the proposed program elements were 
approved.

Effective Date: The effective date of the FAA's approval of the 
Portland International Jetport noise compatibility program is March 8, 
2006.

FOR FURTHER INFORMATION CONTACT: John C. Silva, Federal Aviation 
Administration, New England Region, Airports Division, 12 New England 
Executive Park, Burlington, Massachusetts 01803. Telephone (617) 238-
7602.
    Documents reflecting this FAA action may be obtained from the same 
individual.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the Portland International Jetport noise 
compatibility program, effective March 8, 2006.
    Under section 104(a) of the Aviation Safety and Noise Abatement Act 
of 1979 (hereinafter the Act), as 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 Regulation (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

[[Page 27023]]

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 as 
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 a 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 under the Airport and Airway Improvement Act of 
1982. Where Federal funding is sought, requests for project grants must 
be submitted to the FAA Regional Office in Burlington, Massachusetts.
    The City of Portland submitted to the FAA, on August 31, 2005, 
noise exposure maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from December 
2001 to August 2005. The Portland International Jetport noise exposure 
maps were determined by FAA to be in compliance with applicable 
requirements on September 9, 2005. Notice of this determination was 
published in the Federal Register on September 22, 2005.
    The Portland International Airport Jetport study contains a 
proposed noise compatibility program comprised of actions designed for 
implementation by airport management and adjacent jurisdictions from 
the date of study completion to beyond the year 2007. The City of 
Portland 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 9, 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 flight procedures for noise 
control). Failure to approve or disapprove such a program within the 
180-day period shall be deemed to be an approval of such a program.
    The submitted program contained 13 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 Acting Associate 
Administrator therefore approved the overall program effective March 8, 
2006.
    Of the 13 proposed program elements, all were approved. The 13 
program elements include new FMS/RNAV flight procedures, greater use of 
airspace over the Fore River for departures from Runway 11 and arrivals 
to Runway 29, a reduction in early left turns for aircraft departing 
Runway 29, runway use recommendations for Federal Express air cargo 
operations, increased use of Runway 11-29 over Runway 18-36, 
coordinated efforts with surrounding communities to reduce incompatible 
land use development, a new flight track monitoring system, periodic 
recalculation of noise exposure, establishment of engine run-up 
procedures, continued work with Federal Express to encourage 
conformance with noise abatement measures, a request that Brunswick 
Naval Air Station flight units curtail practice instrument operations 
at PWM, continued meetings with the Noise Advisory Committee, and 
attendance at meetings of local homeowner associations.
    FAA's determinations are set forth in detail in a Record of 
Approval endorsed by the Acting Associate Administrator on March 8, 
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 Portland 
International Jetport, Portland, Maine.

    Dated: Issued in Burlington, Massachusetts on April 21, 2006.
LaVerne Reid,
Manager, Airports Division, New England Region.
[FR Doc. 06-4327 Filed 5-08-06; 8:45 am]
BILLING CODE 4910-13-M