[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Pages 43136-43137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17858]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program for Philadelphia 
International Airport, Philadelphia, PA

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by City of 
Philadelphia 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 June 1, 2010, the FAA 
determined that the noise exposure maps submitted by City of 
Philadelphia under Part 150 were in compliance with applicable 
requirements. On July 13, 2012, the FAA approved the Philadelphia 
International Airport noise compatibility program. Most of the 
recommendations of the program were approved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Noise Compatibility Program for Philadelphia International Airport is 
July 13, 2012.

FOR FURTHER INFORMATION CONTACT: Susan McDonald, FAA, Harrisburg 
Airports District Office, 3905 Hartzdale Drive, Suite 508, Camp Hill, 
PA 17011, [email protected], (717) 730-2841. 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 
Philadelphia International Airport, effective July 13, 2012.
    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 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 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 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 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. Prior to an FAA decision on a request to implement the 
action, an

[[Page 43137]]

environmental review of the proposed action may be required. 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 applicable law contained in Title 49 U.S.C. Where federal 
funding is sought, requests for project grants must be submitted to the 
FAA Airports District Office in Camp Hill, Pennsylvania.
    The Philadelphia International Airport study contains a proposed 
noise compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
January 20, 2012 to the year 2017. 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 January 24, 2012 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 twenty-two proposed actions for 
noise abatement, noise mitigation, land use planning and program 
management on and off the airport. The FAA completed its review and 
determined that the procedural and substantive requirements of the Act 
and Part 150 have been satisfied. The overall program was approved by 
the FAA, effective July 13, 2012.
    Outright approval was granted for five specific program measures. 
These measures were; engine run-up restrictions; support of local 
municipalities in comprehensive planning strategies to reduce non-
compatible land use; establish a noise abatement advisory committee; 
continue to develop the responsibilities of the Philadelphia 
International Airport Noise Office; and update the Noise Exposure Maps 
(NEMs) and Noise Compatibility Program (NCP). Fifteen program measures 
were approved subject to certain conditions. Conditions generally 
involved adherence to safety, design, regulatory standards or other 
conditions as determined necessary by FAA or airport operators. These 
measures were; use of Runways 09l/09R/17/35/08 noise abatement 
departure flight tracks; Runway 27L noise abatement departure flight 
track; Runway 27R noise abatement departure flight track; continue and 
expand the nighttime runway use program; encourage noise attenuating 
standards in airport development; continue the residential sound 
insulation program; develop and implement a purchase assurance program; 
develop and implement a Fort Mifflin sound insulation program; develop 
and implement a voluntary acquisition program; sound insulate 
educational facilities and places of worship; enhance the airport's 
existing noise monitoring and flight tracking system by acquiring a 
multilateration system; install additional permanent noise monitors, 
continue to develop an informal community awareness program; improve 
and upgrade web-based noise information; and develop and implement a 
Fly Quiet Program. Two program measures were disapproved for the 
purposes of Part 150. These measures were; support the creation and use 
of Area Navigation (RNAV) and Required Navigation Performance (RNP); 
and support the development of Continuous Descent Approaches (CDA). The 
two measures that were disapproved for the purposes of Part 150 because 
they do not have a measureable noise benefit to sensitive land uses 
within the Day-Night Level (DNL) 65 decibel noise contour. The airport 
can pursue or implement the measures outside of the Part 150 program.
    These determinations are set forth in detail in a Record of 
Approval signed by the Acting Division Manager for the Eastern Region 
Airports Division on July 13, 2012. 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 
Philadelphia International Airport Office of the Noise Abatement 
Program Manager, at 2801 Island Avenue, Suite 13, Philadelphia, 
Pennsylvania. The Record of Approval also will be available on-line at: 
http://www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/part_150/states/.

    Issued in Jamaica, New York on July 16, 2012.
Debbie Roth,
Acting Manager, Eastern Region Airports Division.
[FR Doc. 2012-17858 Filed 7-20-12; 8:45 am]
BILLING CODE 4910-13-P