[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Notices]
[Pages 40445-40446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16038]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Burlington International Airport, South Burlington VT; 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 
Burlington VT under the provisions of Title I of the Aviation Safety 
and Noise Abatement Act of 1979 (Pub. L. 96-193)

[[Page 40446]]

and 14 CFR Part 150. These findings are made in recognition of the 
description of federal and non-federal responsibilities in Senate 
Report No. 96-52 (1980). On June 23, 2008, the Airports Division 
Manager approved the Burlington International Airport noise 
compatibility program. All of the proposed program elements were 
approved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Burlington International Airport noise compatibility program is June 
23, 2008.

FOR FURTHER INFORMATION CONTACT: Richard Doucette, Federal Aviation 
Administration, New England Region, Airports Division, 12 New England 
Executive Park, Burlington, Massachusetts 01803, Telephone (781) 238-
7613.
    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 Burlington International Airport noise 
compatibility program, effective June 23, 2008.
    Under Section 104(a) of the Aviation Safety and Noise Abatement Act 
of 1979 (hereinafter 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 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 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 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 Burlington International Airport 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 2011. The Burlington 
International Airport, Burlington VT 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 April 23, 2008, 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 1 proposed action 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 Airports Division Manager therefore approved 
the program effective June 23, 2008.
    One new administrative program measure was under consideration and 
it was approved. Residences within the 70dB DNL noise contour were 
eligible for land acquisition under the prior Plan, and that 
eligibility will now be extended to residences within the 65dB DNL 
contour. Various noise abatement and land use measures from the 1989 
Noise Compatibility Plan were restated in this Record of Approval, so 
that all measures now in effect would be documented in the most recent 
Record of Approval.
    FAA's determinations are set forth in detail in a Record of 
Approval endorsed by the Airports Division Manager on June 23, 2008. 
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 Burlington 
International Airport, South Burlington VT.

    Issued in Burlington, Massachusetts on June 23, 2008.
LaVerne F. Reid,
Manager, Airports Division, FAA New England Region.
[FR Doc. E8-16038 Filed 7-11-08; 8:45 am]
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