[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Rules and Regulations]
[Pages 68747-68748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23299]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 150


Burlington International Airport, South Burlington VT; Approval 
of Noise Compatibility Program

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notification.

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[[Page 68748]]

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by the City of 
Burlington, Vermont under the provisions of Title I of the Aviation 
Safety and Noise Abatement Act of 1979. These findings are made in 
recognition of the description of federal and non-federal 
responsibilities in Senate Report No. 96-52 (1980). On October 14, 
2020, the Airports Division Deputy Director approved the Burlington 
International Airport noise compatibility program. This supersedes the 
approval issued August 27, 2020. All of the proposed program elements 
were approved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Burlington International Airport noise compatibility program is October 
30, 2020.

FOR FURTHER INFORMATION CONTACT: Richard Doucette, Federal Aviation 
Administration, New England Region, Airports Division, 1200 District 
Avenue, Burlington, Massachusetts 01803, Telephone (781) 238-7613, 
Email: [email protected].
    Documents reflecting this FAA action may be obtained from the same 
individual. The Noise Compatibility Plan and supporting information can 
also be found at www.btvsound.com.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the Burlington International Airport noise 
compatibility program, effective October 30, 2020.
    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 14 CFR 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 the 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 as 
prescribed by law.
    Specific limitations with respect to FAA's approval of an airport 
noise compatibility program are delineated in part 150, Sec.  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 Burlington International Airport study contains a proposed 
noise compatibility program comprised of actions designed for 
implementation by airport management and adjacent jurisdictions. The 
Burlington International Airport, South Burlington, Vermont 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 April 15, 2020, 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 9 noise mitigation measures, 
including 2 to be removed. The FAA completed its review and determined 
that the procedural and substantive requirements of the Act and Part 
150 have been satisfied. All 7 recommended measures were approved, and 
2 recommended for removal were approved for removal. The new program 
will de-emphasize land acquisition in lieu of sound insulation, as the 
primary noise mitigation measure.
    The Airports Division originally approved the program on August 27, 
2020. After issuance of the Record of Approval, the FAA discussed its 
implementation with the City of Burlington. Based on this discussion, 
the FAA made two small revisions to the Record of Approval and issued a 
revised approval on October 14, 2020. These revisions clarify FAA 
funding of the Purchase Assurance and Sales Assistance programs 
(measures #6 and #7). That prior approval is superseded by issuance of 
a new Record of Approval on October 14, 2020.
    FAA's determinations are set forth in detail in a Record of 
Approval approved on October 14, 2020. 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 Burlington International Airport, 
South Burlington, Vermont.

    Issued in Burlington, Massachusetts on October 14, 2020.
Julie Seltsam-Wilps,
Airports Division Deputy Director, FAA New England Region.
[FR Doc. 2020-23299 Filed 10-29-20; 8:45 am]
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