[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Notices]
[Pages 78799-78800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31510]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Compatibility Program Notice, Fort Worth Alliance Airport, 
Fort Worth, TX

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 
Fort Worth, Texas 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 September 7, 2006, the FAA determined that the 
noise exposure maps submitted by the city of Fort Worth, Texas under 
Part 150 were in compliance with applicable requirements. Subsequent to 
this determination, the future condition noise exposure map was revised 
to reflect additional military operations proposed by the Department of 
Defense. This revision delayed acceptance of the future condition noise 
exposure map until May 5, 2009. On December 1, 2010, the FAA approved 
the Fort Worth Alliance Airport noise compatibility program. Most of 
the recommendations of the program were approved. No program elements 
relating to new or revised flight procedures for noise abatement were 
proposed by the city of Fort Worth.

[[Page 78800]]


DATES: Effective Date: The effective date of the FAA's approval of the 
Fort Worth Alliance Airport noise compatibility program is December 1, 
2010.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Mr. Paul 
Blackford, ASW-652B, 2601 Meacham Boulevard, Fort Worth, Texas 76137. 
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 Fort Worth 
Alliance Airport, effective December 1, 2010.
    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 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 Fort Worth submitted to the FAA on July 30, 2010, the 
noise exposure maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from August 9, 
2005 through July 30, 2010. The final Fort Worth Alliance Airport noise 
exposure maps were determined by FAA to be in compliance with 
applicable requirements on May 5, 2009. Notice of this determination 
was published in the Federal Register on May 14, 2009.
    The Fort Worth Alliance Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
July 30, 2010, to the year 2014. 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 
July 30, 2010 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 two proposed actions for noise 
mitigation 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 December 1, 2010.
    Outright approval was granted for all of the specific program 
elements. Approved action items include remedial land use mitigation 
measures consisting of land acquisition and a sound insulation program.
    These determinations are set forth in detail in a Record of 
Approval signed by the Southwest Region, Airports Division Manager on 
December 1, 2010. 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 city of Fort Worth. 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, December 3, 2010.
Kelvin L. Solco,
Manager, Airports Division.
[FR Doc. 2010-31510 Filed 12-15-10; 8:45 am]
BILLING CODE 4910-13-P