[Federal Register Volume 73, Number 187 (Thursday, September 25, 2008)]
[Notices]
[Pages 55588-55589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22460]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Centennial Airport, Englewood, CO; FAA Approval of Noise 
Compatibility Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice, Noise compatibility program.

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SUMMARY: The FAA's Federal Register Notice entitled ``Approval of Noise 
Compatibility Program; Centennial Airport, Englewood, CO;'' published 
August 21, 2008, published with several inaccuracies. Because of those 
inaccuracies we withdraw the August 21, 2008 notice (73 FR 49635) and 
are issuing this notice to replace the August 21, 2008 notice. The 
Federal Aviation Administration (FAA) announces its findings on the 
noise compatibility program submitted by the Arapahoe County Public 
Airport Authority for the Centennial Airport 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, Airport Noise Compatibility Planning. 
These findings are made in recognition of the description of federal 
and non-federal responsibilities in Senate Report No. 96-52 (1980). On 
August 12, 2008, FAA Airports Division Manager approved the Centennial 
Airport noise compatibility program. Of the twelve proposed program 
elements, FAA approved eight and reserved approval of another two 
measures pending further study. The remaining two measures were 
disapproved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Centennial Airport noise compatibility program is August 12, 2008.

FOR FURTHER INFORMATION CONTACT: Linda Bruce, Federal Aviation 
Administration, Denver Airports District Office, 26805 E. 68th Avenue, 
Suite 224, Denver, Colorado 80249-6361, Telephone (303) 342-1264. 
Documents reflecting this FAA action may be obtained from Ms. Bruce or 
on the Internet at http://www.faa.gov/airports-airtraffic/airports/regional-guidance/northwest-mountain/environmental/.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the Centennial Airport noise compatibility 
program, effective August 12, 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 noncompatible 
land uses and prevention of additional noncompatible 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 14 CFR Part 150 is a local program, not a federal program. The FAA 
does not substitute its judgment for that of the airport sponsor with 
respect to which measures should be recommended for action. The FAA's 
approval or disapproval of 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 14 CFR Part 150;
    (b) Program measures are reasonably consistent with achieving the 
goals of reducing existing noncompatible land uses around the airport 
and preventing the introduction of additional noncompatible 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 FAA Administrator, 
as prescribed by law.
    Specific limitations with respect to FAA's approval of an airport 
noise compatibility program are delineated in Part 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.

[[Page 55589]]

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, the airport sponsor must submit 
requests for project grants to the FAA Denver Airports District Office 
in Denver, Colorado.
    The Centennial 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 2012. The Arapahoe County Public Airport 
Authority, Englewood, CO, requested that the FAA evaluate and approve 
this material as a noise compatibility program for the Centennial 
Airport, as described in Section 104(b) of the Act. The FAA began its 
review of the program on February 22, 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 12 proposed actions to address 
noise on and off the airport. The FAA completed its review and 
determined that the overall program complied with procedural and 
substantive requirements of the Act and Part 150. The overall program, 
therefore, was approved by FAA effective August 12, 2008.
    FAA granted outright approval for five of the specific program 
recommendations. One of these approved elements involves voluntary 
measures that the airport sponsor can encourage pilots to use to help 
minimize aircraft noise. The other four approved recommendations 
involve program management and are intended to assist in the 
development and operations of a noise abatement office and noise 
monitoring efforts. These measures include the installation of a 
permanent noise monitoring system to monitor noise levels and 
compliance with noise abatement measures and the use of a public 
advisory committee to monitor programs implemented as a result on the 
adoption of the NCP, including the Noise Monitoring Program.
    FAA approved in part the NCP recommendation that addresses land use 
planning. This recommendation involves the airport authority working 
with the local municipalities to amend zoning requirements, 
comprehensive plans and development regulations to minimize new, 
noncompatible land uses near the airport and to minimize the impact on 
airspace surrounding the airport, including 14 CFR Part 77 imaginary 
surfaces. FAA disapproved for Part 150 purposes portions of this 
recommendation related to airspace issues regulated under Part 77.
    In addition, the airport sponsor proposes four changes to flight 
procedures. One of these measures, a change to nighttime flight 
procedures for jets departing to the north, FAA approved, subject to 
further environmental review and air traffic operational safety and 
efficiency. FAA also approved, for Part 150 purposes, the elimination 
of the preferential runway procedure.
    FAA disapproved the remaining two program elements that involve 
proposed changes to flight procedures. FAA Air Traffic Control 
determined these procedures would create numerous adverse impacts to 
safety and efficiency of air traffic control operations. These 
procedures would have tested 24-hour flight tracks between 350 and 010 
degree headings and implemented a 170 degree departure heading to 4 DME 
or 8,000 MSL ( 20 degrees).
    The airport sponsor also proposes banning certain type of aircraft 
operations. In particular, the airport sponsor proposes the ban of 
Stage I aircraft under 75,000 lbs. from operating at Centennial Airport 
but did not provide data supporting the noise benefit of such a ban, 
per Part 150 requirements. For this reason, the FAA disapproved this 
recommendation pending further study. The Arapahoe Public Airport 
Authority may submit this additional information to FAA for further 
evaluation.
    FAA also disapproved the proposed ban of Stage 2 aircraft between 
the hours of 10 p.m. and 6 a.m., pending additional information needed 
from the airport sponsor, as required under 14 CFR Part 161. The 
Arapahoe Public Airport Authority studied the noise benefit of such a 
ban and describes this benefit in its NCP. While this meets the 
requirements of Part 150, Part 161 requires additional FAA review and 
approval to determine the impact of such a ban on air commerce and the 
national airspace system prior to implementing the ban.
    FAA's determinations are set forth in detail in a Record of 
Approval endorsed by the FAA Airports Division Manager on August 12, 
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 and Internet site listed above and at the administrative 
offices of the Arapahoe County Public Airport Authority, Englewood, CO.

    Re-issued in Renton, Washington, on August 25, 2008.
Donna P. Taylor,
Manager, Airports Division, FAA Northwest Mountain Region.
[FR Doc. E8-22460 Filed 9-24-08; 8:45 am]
BILLING CODE 4910-13-M