[Federal Register: November 8, 2004 (Volume 69, Number 215)]
[Notices]
[Page 64804-64805]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no04-113]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Bradley International Airport, Windsor Locks, Connecticut; FAA
Approval of Noise Compatibility Program
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
Connecticut Department of Transportation under the provisions of Title
I of the Aviation Safety and Noise Abatement Act of 1979 (Public Law
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 April 21, 2004, the FAA determined that the
noise exposure maps submitted by the Connecticut Department of
Transportation under Part 150 were in compliance with applicable
requirements. On October 18, 2004, the Associate Administrator approved
the Bradley International Airport noise compatibility program. Of the
17 proposed program elements, 15 were approved and two were partially
approved.
DATES: Effective Date: The effective date of the FAA's approval of the
Bradley International Airport noise compatibility program is October
18, 2004.
FOR FURTHER INFORMATION CONTACT: John C. Silva, Federal Aviation
Administration, New England Region, Airports Division, 12 New England
Executive Park, Burlington, Massachusetts 01803, Telephone (617) 238-
7602.
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 Bradley International Airport noise
compatibility program, effective October 18, 2004.
Under section 104(a) of the Aviation Safety and Noise Abatement Act
of a
[[Page 64805]]
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 recommendation 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 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 Connecticut Department of Transportation submitted to the FAA,
on March 2, 2004, noise exposure maps, descriptions, and other
documentation produced during the noise compatibility planning study
conducted from February 1999 to March 2004. The Bradley International
Airport noise exposure maps were determined by FAA to be in compliance
with applicable requirements on April 21, 2004. Notice of this
determination was published in the Federal Register on May 3, 2004.
The Bradley International 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 2008. The Connecticut Department of
Transportation 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 21,
2004, 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 17 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 overall program, therefore,
was approved by the Acting Associate Administrator effective October
18, 2004.
Of the 17 proposed program elements, 15 were approved and the
remaining 2 were partially approved. The 17 program elements include
noise abatement departure flight tracks, air carrier departure flight
profiles, zoning for compatible land use, amending building codes, a
real estate fair disclosure policy, purchase of undeveloped land,
purchase of development rights, avigation easements, an airport noise
overlay zone, a property purchase assurance program, purchase on non-
compatible land, residential sound insulation, a public information
program, establishment of a standing airport noise committee,
acquisition of an operations and noise monitoring system, periodic
evaluation of noise exposure, and the addition of a noise abatement
officer to the airport staff.
FAA's determinations are set forth in detail in a Record of
Approval endorsed by the Acting Associate Administrator on October 18,
2004. 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 Bradley
International Airport, Windsor Locks, CT.
Issued in Burlington, Massachusetts on October 26, 2004.
LaVerne Reid,
Acting Manager, Airports Division, New England Region.
[FR Doc. 04-24850 Filed 11-5-04; 8:45 am]
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