[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Notices]
[Pages 29378-29379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4732]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Compatibility Program Notice; Collin County Regional 
Airport; McKinney, Texas

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 
McKinney 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 November 1, 2005 the FAA determined that the noise exposure 
maps submitted by the city of McKinney under Part 150 were in 
compliance with applicable requirements. On April 28, 2006, the FAA 
approved the Collin County Regional 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 
Collin County Regional Airport noise compatibility program is April 28, 
2006.

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 (817) 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 Collin 
County Regional Airport, effective April 28, 2006.
    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 29379]]

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 city of McKinney submitted to FAA on October 3, 2005, the noise 
exposure maps, descriptions, and other documentation produced during 
the noise compatibility planning study conducted from April 2003 
through October 2005. The Collin County Regional Airport noise exposure 
maps were determined by FAA to be in compliance with applicable 
requirements on November 1, 2005. Notice of this determination was 
published in the Federal Register on November 14, 2005.
    The Collin County Regional 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 November 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 an approval of such program.
    The submitted program contained twenty-one (21) 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 April 28, 2006.
    Outright approval was granted for thirteen (13) of the specific 
program elements. Three (3) elements were disapproved, four (4) 
elements were disapproved pending submittal of additional information, 
and one (1) element required no action. Disapproved elements include a 
recommendation to remove runway end signs (element 1b), a 
recommendation to include selected alternatives for study in National 
Environmental Policy Act (NEPA) documents (element 1c), and a 
recommendation addressing jet aircraft visual arrivals to runway 35 
(elements 3). The elements did not meet Part 150 approval criteria of 
reducing non-compatible land uses exposed to 65 DNL. Element 3 was 
additionally disapproved because of its potential to create unsafe 
aircraft operating conditions. Elements disapproved pending submittal 
of additional information include establishment of departure procedures 
for aircraft departing runway 35 (element 2), establishment of noise 
abatement procedures for jet departures to the south (element 4), 
designation of engine run-up locations (element 8a), and restrictions 
to hours in which aircraft engine maintenance run-ups may be performed 
(element 8b). Supporting information, for each of the four elements, is 
required to quantify affects on non-compatible land uses and 
demonstrate potential benefits. Approved measures include 
recommendations for helicopter operations near the airport (two 
elements, approved as voluntary); continuance of flight training 
predominantly east of the airport (approved as voluntary); and fixed-
wing training aircraft maintain current patterns east of the airport 
(approved as voluntary). Additionally nine (9) measure contained in the 
Future Noise Abatement/Land Use Control Recommendations were approved. 
These determinations are set forth-in detail in a Record of Approval 
signed by the Acting Associate Administrator for Airports, ARP-1, on 
April 28, 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 Collin County Regional 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, May 11, 2006.
Kelvin L. Solco,
Manager, Airports Division.
[FR Doc. 06-4732 Filed 5-19-06; 8:45 am]
BILLING CODE 4910-13-M