[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Notices]
[Pages 78966-78967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32500]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION


Federal Aviation Administration

Approval of Noise Compatibility Program for Kona International 
Airport at Keahole, Keahole, North Kona, HI

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by the Hawaii 
State Department of Transportation, Airports Division (DOT-A) under the 
provisions of 49 U.S.C. 47501 et seq. (formerly the Aviation Safety and 
Noise Abatement Act, hereinafter referred to as ``the Act'') and 14 
Code of Federal Regulations (CFR) Part 150 (hereinafter referred to as 
``Part 150''). On January 12, 2010, the FAA determined that the noise 
exposure maps submitted by the DOT-A under Part 150 were in compliance 
with applicable requirements. On April 20, 2011 the FAA approved the 
Kona International Airport at Keahole noise compatibility program. All 
of the recommendations of the program were approved. No program 
elements relating to new or revised flight procedures for noise 
abatement were proposed.

DATES: Effective Date: The effective date of the FAA's approval of the 
Noise Compatibility Program for Kona International Airport at Keahole 
is April 20, 2011.

FOR FURTHER INFORMATION CONTACT: Gordon Wong, Environmental Protection 
Specialist, FAA Western-Pacific Region, Honolulu Airports District 
Office, 300 Ala Moana Boulevard, Room 7-128, Honolulu, Hawaii, 
telephone number (808) 541-1232. 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 Kona 
International Airport at Keahole, effective April 20, 2011. Under 
section 104(a) of the Aviation Safety and Noise Abatement Act of 1979, 
as amended (herein after referred to as the ``Act'') [recodified as 49 
U.S.C. 47504], 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 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 Honolulu, Hawaii.
    The DOT-A submitted to the FAA on April 27, 2009, the Noise 
Exposure Maps for evaluation. The FAA determined that the Noise 
Exposure Maps for Kona International Airport at Keahole were in 
compliance with applicable requirements on January 12, 2010. Notice of 
this determination was published in the Federal Register on January 25, 
2010 (Volume 75/No. 15/pages 3959-3960).
    The Kona International Airport at Keahole study contains a proposed 
noise compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions. It was 
requested that the FAA evaluate and approve this material as a Noise 
Compatibility Program as described in 49 U.S.C. 47504 (formerly Section 
104(b) of the Act). The FAA began its review of the program on October 
27, 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 Noise Compatibility Program recommended one Noise Abatement 
Element, eight Land Use Management Elements and three Program 
Management Elements. The FAA completed its review and determined

[[Page 78967]]

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 
April 20, 2011.
    Approval was granted for one Noise Abatement Element, eight Land 
Use Management Elements and three Program Management Elements. The 
approved measures included: a pilot education program; maintaining an 
established communication process between DOT-A, Hawaii County, and 
Hawaii State Land Use Commission for the review of proposed development 
near the airport; DOT-A to encourage Hawaii County to revise the 
Environmental Quality Section of Hawaii County General Plan to include 
additional policies related to airport land use compatibility; 
establish an Airport Influence Area for Kona International Airport to 
define the area that land use compatibility policies would apply; DOT-A 
to encourage Hawaii County to adopt an airport compatibility checklist 
for discretionary review of projects within its vicinity; maintain 
compatible zoning designations within the 2013 60 DNL noise contour; 
require the dedication of noise and avigation easements through the 
subdivision approval process; adopt fair disclosure regulations to 
notify property owners of the noise generated by aircraft operations; 
adopt an airport noise overlay zone; monitor implementation of the part 
150 Noise Compatibility Program; updated the Noise Exposure Maps and 
Noise Compatibility Programs as necessary; and acquire and implement a 
noise monitoring system.
    The FAA determinations are set forth in detail in the Record of 
Approval signed by the Manager of the Airports Division, Western-
Pacific Region, on April 20, 2011. 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 Kona International Airport at Keahole. 
The Record of Approval also will be available on-line at: http://www.faa.gov/airports/environmental/airport_noise/part_150/states/

    Issued in Hawthorne, California on December 12, 2011.
Mark A. McClardy,
Manager, Airports Division, Western-Pacific Region, AWP-600.
[FR Doc. 2011-32500 Filed 12-19-11; 8:45 am]
BILLING CODE 4910-13-P