[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Notices]
[Pages 30385-30386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12178]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program for Tweed-New Haven 
Regional Airport

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 Tweed-New 
Haven Airport Authority 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. These findings are made in recognition of the description of 
federal and non-federal responsibilities in Senate Report No. 96-52 
(1980). On November 26, 2012, the FAA determined that the noise 
exposure maps submitted by the City of Portland under Part 150 were in 
compliance with applicable requirements. On May 9, 2013, the New 
England Region Airports Division Regional Manager approved the noise 
compatibility program. Seventeen of the proposed program elements were 
approved, or approved in part. Four of the elements were disapproved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Tweed-New Haven Regional Airport noise compatibility program is May 9, 
2013.

FOR FURTHER INFORMATION CONTACT: Richard Doucette, Federal Aviation 
Administration, New England Region, Airports Division, 12 New England 
Executive Park, Burlington, Massachusetts 01803, Telephone (781) 238-
7613. Documents reflecting this FAA action may be obtained from the 
same individual.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the Tweed-New Haven Regional Airport noise 
compatibility program, effective May 9, 2013.
    Under Section 104(a) of the Aviation Safety and Noise Abatement Act 
of 1979 (hereinafter 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 Regulation (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

[[Page 30386]]

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 as 
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 a 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. Where Federal funding is sought, requests for project grants must 
be submitted to the FAA Regional Office in Burlington, Massachusetts.
    The Tweed-New Haven Airport Authority submitted to the FAA, on 
November 13, 2012, noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from 2010 to 2012. The Tweed-New Haven Regional Airport noise 
exposure maps were determined by FAA to be in compliance with 
applicable requirements on November 26, 2012. Notice of this 
determination was published in the Federal Register on February 6, 
2013.
    The Tweed-New Haven Regional Airport study contains a proposed 
noise compatibility program comprised of actions designed for 
implementation by airport management and adjacent jurisdictions from 
the date of study completion to beyond the year 2018. The Tweed-New 
Haven Airport Authority requested that the FAA evaluate and approve 
this material as a noise compatibility program as described in Section 
104(b) of the Act. The FAA began its review of the program on November 
26, 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 
flight procedures for noise control). Failure to approve or disapprove 
such a program within the 180-day period shall be deemed to be an 
approval of such a program.
    The submitted program contained 21 proposed actions for 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 New England Region Airports 
Division Manager therefore approved the overall program effective May 
9, 2013.
    FAA's determinations are set forth in detail in a Record of 
Approval endorsed by the Acting Associate Administrator on May 9, 2013. 
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 Tweed-New 
Haven Regional Airport.

    Issued in Burlington, Massachusetts on May 9, 2013.
Mary Walsh,
Manager, Airports Division, FAA New England Region.
[FR Doc. 2013-12178 Filed 5-21-13; 8:45 am]
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