[Federal Register Volume 73, Number 204 (Tuesday, October 21, 2008)]
[Notices]
[Pages 62584-62586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24817]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program for McCarran 
International Airport, Las Vegas, NV

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 Clark County, 
Nevada 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 July 10, 2007 (72 FR 40357), the FAA determined that the 
noise exposure maps submitted by Clark County under Part 150 were in 
compliance with applicable requirements. On September 18, 2008, the FAA 
approved the McCarran International Airport noise compatibility 
program. All of the recommendations of the program were approved. One 
Noise Abatement Measure relating to new or revised flight procedures 
for noise abatement was proposed by the airport operator.

DATES: Effective Date: The effective date of the FAA's approval of the 
McCarran International Airport noise compatibility program is September 
18, 2008.

FOR FURTHER INFORMATION CONTACT: David B. Kessler, AICP, Regional 
Environmental Protection Specialist, Federal Aviation Administration, 
Western Pacific Region, Mailing address: P.O. Box 92007, Los Angeles, 
CA 90009-2007. Street Address: 15000 Aviation Boulevard, Hawthorne, 
California 90261. Telephone 310/725-3615. Documents reflecting this FM 
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 McCarran 
International Airport, effective September 18, 2008.
    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 14 CFR 
Part 150 program recommendations is measured according to the standards 
expressed in Part 150 and the Act and is limited to the following 
determinations:

[[Page 62585]]

    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 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, as amended. 
Where Federal funding is sought, requests for project grants must be 
submitted to the FAA Airports District Office in Burlingame, 
California.
    The Clark County submitted to the FAA on January 17, 2007, the 
Noise Exposure Maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from October 
2002 through June 2006. The McCarran International Airport Noise 
Exposure Maps were determined by FAA to be in compliance with 
applicable requirements on July 10, 2007. Notice of this determination 
was published in the Federal Register on July 24, 2007 (72 FR 40357).
    The McCarran International Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions (from 
2004 to beyond the year 2009). It was requested that the FAA evaluate 
and approve this material as a Noise Compatibility Program as described 
in 49 U.S.C. 47504 of the Act.
    The FAA has formally received the noise compatibility program for 
LAS, effective on June 9, 2008. The FAA began its review of the program 
on June 9, 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 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 program contained 22 proposed actions for noise 
abatement and 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 was approved, by the Manager of the Airports Division, 
Western-Pacific Region, effective September 18, 2008.
    Outright approval was granted for eleven (11) of the 13 noise 
abatement measures. FAA approved all nine (9) noise mitigation 
measures. Two Noise Abatement Measures were disapproved.
    The approved noise abatement measures included: Maintain and 
clarify the existing informal preferential runway use program: 
Encourage the use of existing noise abatement flight tracks to ensure 
that aircraft fly over historic flight corridors: Continue to use 
designated engine run-up areas at the airport for maintenance purposes: 
Continue to support the use of general aviation reliever airports in 
the Clark County Airport System: Continue the biannual noise monitoring 
program for fixed-wing aircraft and annual noise monitoring for 
helicopter tour traffic: Conduct a study to determine if the use of 
advanced navigational technologies could enable pilots to follow more 
predictable and precise flight tracks, thereby minimizing over flights 
and noise in areas developed with noise-sensitive land uses: Conduct a 
study to determine the feasibility and noise reduction benefits of 
establishing continuous descent approach (CDA) procedures at the 
airport: Conduct a study of the ``distant'' noise abatement departure 
profile (NADP) as described in FAA Advisory Circular 91-53A, Noise 
Abatement Departure Profiles, to determine the potential for reducing 
aircraft noise exposure in the airport environs: Continue to encourage 
airlines to use quieter aircraft and establish a recognition program 
for airlines that adhere to the principles of the Department of 
Aviation's ``fly quiet and safely'' program; Continue to support 
legislation that establishes quieter engine standards for all aircraft 
types; Continue to pursue the construction of a Southern Nevada 
Regional Heliport; Expand the public information program related to the 
NCP for LAS and publish a ``fly quietly and safely'' program brochure.
    Approved noise mitigation measures include: Establish a voluntary 
program to acquire properties developed with airport-incompatible land 
uses that will be exposed to aircraft noise of DNL 70 dB and higher 
based on the 2011 noise exposure map; Establish a voluntary program to 
acquire properties developed with airport-incompatible land uses that 
will be exposed to aircraft noise of DNL 65-70 dB based on the 2011 
noise exposure map and adjacent properties, as appropriate, to prevent 
neighborhood abandonment; Establish a voluntary sound insulation and/or 
transaction assistance program for properties developed with airport-
incompatible land uses that will be exposed to aircraft noise DNL 65 to 
DNL 70 based on the 2011 noise exposure map; Continue to work with the 
Clark County Department of Comprehensive Planning, the City of 
Henderson Community Development Department, the University of Nevada, 
Las Vegas (UNLV), and other appropriate agencies to amend land use and/
or master plans to discourage the introduction of noise-sensitive and 
otherwise incompatible land uses in areas exposed to aircraft noise of 
DNL 60 and higher; Continue to support redevelopment in areas exposed 
to aircraft noise of DNL 65 and higher that are transitioning from 
noise sensitive land uses to airport-compatible land uses; Update the 
Airport Environs Overlay District (AEOD) map to reflect changes in 
aircraft noise patterns that have occurred since the AEOD was last 
updated, and add a new AE-60 subdistrict; Revisit land use 
compatibility requirements codified in the AEOD ordinance and update 
sections of the ordinance, as necessary, to include a new AE-60 
subdistrict and to reflect sound attenuation requirements recently 
adopted as part of the MUOD ordinance; Continue to actively support 
enforcement of the AEOD through ongoing review of development 
applications and condition airport related issues as appropriate; 
Pursue the establishment of airport

[[Page 62586]]

noise disclosure requirements at the local or state level.
    FAA disapproved the following two Noise Abatement measures: 
Continue to support legislation that establishes quieter engine 
standards for all aircraft types: Request that FAA increase the length 
of the final straight-in approach segment for arrivals on Runways 1 L, 
1 R, 7L and 7R during visual meteorological conditions (VMC).
    These determinations are set forth, in detail, in the Record of 
Approval signed by the Manager of the Airports Division, Western-
Pacific Region, on September 18, 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 the Clark County Department of 
Aviation. The Record of Approval will be available on-line at: http://www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/part_150/states/ .

    Issued in Hawthorne, California, on September 29, 2008.
Mark A. McClardy,
Manager, Airports Division, Western-Pacific Region, AWP-600.
 [FR Doc. E8-24817 Filed 10-20-08; 8:45 am]
BILLING CODE 4910-13-M