[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Notices]
[Pages 72899-72900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28030]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review; Waterbury-Oxford Airport, Oxford, CT

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure map for Waterbury-Oxford Airport, 
as submitted by the Connecticut Department of Transportation 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, is in compliance with 
applicable requirements. The FAA also announces that it is reviewing a 
proposed noise compatibility program that was submitted for Waterbury-
Oxford Airport under Part 150 in conjunction with the noise exposure 
map, and that this program will be approved or disapproved on or before 
May 5, 2009.

DATES: Effective Date: The effective date of the FAA's determination on 
the noise exposure map and of the start of its review of the associated 
noise compatibility program is November 6, 2008. The public comment 
period ends on January 5, 2009.

FOR FURTHER INFORMATION CONTACT: John C. Silva, Federal Aviation 
Administration, New England Region, Airports Division, ANE-600, 12 New 
England Executive Park, Burlington, Massachusetts 01803.
    Comments on the proposed noise compatibility program should also be 
submitted to the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds 
that the noise exposure map submitted for Waterbury-Oxford Airport is 
in compliance with applicable requirements of Part 150, effective 
November 6, 2008. Further, FAA is reviewing a proposed noise 
compatibility program for that airport which will be approved or 
disapproved on or before May 5, 2009. This notice also announces the 
availability of this program for public review and comment.
    Under Section 103 of Title I of the Aviation Safety and Noise 
Abatement Act of 1979 (hereinafter referred to as ``the Act''), an 
airport operator may submit to the FAA a noise exposure map which meets 
applicable regulations and which depicts non-compatible land uses as of 
the date of submission of such map, a description of projected aircraft 
operations, and the ways in which such operations will affect such map. 
The Act requires such map to be developed in consultation with 
interested and affected parties in the local community, government 
agencies, and persons using the airport. An airport operator who has 
submitted a noise exposure map that is found by FAA to be in compliance 
with the requirements of Federal Aviation Regulation (FAR) Part 150, 
promulgated pursuant to Title I of the Act, may submit a noise 
compatibility program for FAA approval which sets forth the measures 
the operator has taken, or proposes, for the introduction of additional 
non-compatible uses.
    The Connecticut Department of Transportation submitted to the FAA, 
on October 9, 2008, a noise exposure map, descriptions, and other 
documentation that were produced during the Airport Noise Compatibility 
Planning (Part 150) study at Bradley International Airport from 
September 2004 to October 2008. It was requested that the FAA review 
this material as the noise exposure map, as described in Section 
103(a)(1) of the Act, and that the noise mitigation measures, to be 
implemented jointly by the airport and surrounding communities, be 
approved as a noise compatibility program under Section 104(b) of the 
Act.
    The FAA has completed its review of the noise exposure maps and 
related descriptions submitted by Connecticut Department of 
Transportation. The specific maps under consideration were Figures 5-7, 
(2007 Baseline Noise Contours), 5-8 (2012 Baseline Noise Contours) and 
5-9 (2012 NCP Noise Contours), along with the supporting documentation 
in Noise Exposure Map and Noise Compatibility Program: Volume 1. The 
FAA has determined that the maps for Bradley International Airport are 
in compliance with applicable requirements. This determination is 
effective on November 6, 2008.
    FAA's determination on an airport operator's noise exposure maps is 
limited to a finding that the maps were developed in accordance with 
the procedures contained in Appendix A of FAR Part 150. Such 
determination does not constitute approval of the applicant's data, 
information or plans, or a commitment to approve a noise compatibility 
program or to fund the implementation of that program. If questions 
arise concerning the precise relationship of specific properties to 
noise exposure contours depicted on a noise exposure map submitted 
under Section 103 of the Act, it should be noted that the FAA is not 
involved in

[[Page 72900]]

any way in determining the relative locations of specific properties 
with regard to the depicted noise contours, or in interpreting the 
noise exposure map to resolve questions concerning, for example, which 
properties should be covered by the provisions of Section 107 of the 
Act. These functions are inseparable from the ultimate land use control 
and planning responsibilities of local government. These local 
responsibilities are not changed in any way under Part 150 or through 
FAA's review of a noise exposure map. Therefore, the responsibility for 
the detailed overlaying of noise exposure contours onto the map 
depicting properties on the surface rests exclusively with the airport 
operator that submitted the map, or with those public agencies and 
planning agencies with which consultation is required under Section 103 
of the Act. The FAA has relied on the certification by the airport 
operator, under Section 150.21 of FAR Part 150, that the statutorily 
required consultation has been accomplished.
    The FAA has formally received the noise compatibility program for 
Bradley International Airport, also effective on November 6, 2008. 
Preliminary review of the submitted material indicates that it conforms 
to the requirements for the submittal of noise compatibility programs, 
but that further review will be necessary prior to approval or 
disapproval of the program. The formal review period, limited by law to 
a maximum of 180 days, will be completed on or before May 5, 2009. The 
FAA's detailed evaluation will be conducted under the provisions of 14 
CFR Part 150, Section 150.33. The primary considerations in the 
evaluation process are whether the proposed measures may reduce the 
level of aviation safety, create an undue burden on interstate or 
foreign commerce, or be reasonably consistent with obtaining the goal 
of reducing existing non-compatible land uses and preventing the 
introduction of additional non-compatible land uses.
    Interested persons are invited to comment on the proposed program 
with specific reference to these factors. All comments, other than 
those properly addressed to local land use authorities, will be 
considered by the FAA to the extent practicable. Copies of the noise 
exposure map, the FAA's evaluation of the map, and the proposed noise 
compatibility program are available for examination at the following 
locations:
    Waterbury-Oxford Airport, 300 Christian Street, Oxford, Connecticut 
06483.
    Federal Aviation Administration, New England Region, Airports 
Division, ANE-600, 16 New England Executive Park, Burlington, 
Massachusetts 01803.
    Questions may be directed to the individual named above under the 
heading: FOR FURTHER INFORMATION CONTACT.

    Issued in Burlington, Massachusetts, on November 6, 2008.
LaVerne F. Reid,
Manager, Airports Division.
 [FR Doc. E8-28030 Filed 11-28-08; 8:45 am]
BILLING CODE 4910-13-P