[Federal Register: December 21, 2004 (Volume 69, Number 244)]
[Notices]
[Page 76514-76516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de04-89]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval Of Noise Compatibility Program for Reid-Hillview
Airport, San Jose, CA
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 Santa Clara
County, California under the provisions of Title I of the Aviation
Safety and Noise Abatement Act, as amended, (Public Law 93-193)
(hereinafter referred to as ``the Act'') and 14 CFR Part 150. These
findings are made in recognition of the description of Federal and
nonfederal responsibilities in Senate Report No. 96-52 (1980). On
January 13, 2004, the FAA determined that the noise exposure maps
submitted by Santa Clara County under Part 150 were in compliance with
applicable requirements.
EFFECTIVE DATE: The effective date of the FAA's approval of the Noise
Compatibility Program for Reid-Hillview Airport is November 3, 2004.
FOR FURTHER INFORMATION CONTACT: Joseph Rodriguez, Supervisor, Planning
Section, San Francisco Airports District Office, Western-Pacific
Region, Federal Aviation Administration, 831 Mitten Road, Burlingame,
California, 94010. Telephone: (650) 876-2778, extension 610. 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 Reid-
Hillview Airport (RHV), effective November 3, 2004. 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 Burlingame,
California.
The Santa Clara County, California submitted to the FAA on July 16,
2002 the Noise Exposure Maps, descriptions, and other documentation
produced during the noise compatibility planning study conducted from
December 2000 through September 2002. The Reid-Hillview Airport Noise
Exposure Maps were determined by FAA to be in compliance with
applicable requirements on January 13, 2004. Notice of this
determination was published in the Federal Register on February 3,
2004.
The Reid-Hillview Airport study contains a proposed noise
compatibility program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions from
2002 to beyond the year 2007. It was requested that the FAA evaluate
and approve this material as a Noise Compatibility Program as described
in 49 USC 47504 (formerly Section 104(b) of the Act). The FAA began its
review of the program on May 7, 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 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 33 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 FAR
Part 150 have been satisfied. The overall program was approved, by the
Associate Administrator for Airports, effective November 3, 2004.
Outright approval was granted for 20 of the specific program
measures. The approved measures included such items as: Establish a
voluntary measure that recommends a preferential Runway use-arrivals on
Runway 31L & departures on Runway 31R; Encourage use of minimum power
settings on departure; Encourage standard glide slope arrival
procedures to minimize power on arrival; Create new engine run-up area
for twin-engine aircraft (designated at the compass rose as the site
for maintenance run-ups); Implement a fair disclosure policy to work
with the California Department of Real Estate to enhance the public
notice of airport nose level information during residential sales
transactions; Implement policy guidance for amendments in the city of
San Jose 2020 General Plan to incorporate recommendations for
preventing or mitigating unwanted noise and incorporating land use
recommendations of the [Airport Land use Commission] ALUC Plan;
Soundproofing existing development through a noise insulation program
to ensure acceptable interior noise levels for single-family residences
within the 2002 CNEL 65 dB(A) and greater contours; Implement Planning
commission review policy guidance for consideration of all types of
proposed development within the 2002 CNEL 60
[[Page 76516]]
dB(A) and greater contour; County Airport Administration to provide an
airport noise impact boundary identification as means to monitor new
land use proposals and ensure the [Airport Land Use Plan] ALUP is
enforced; Encourage pilots to ``Fly Friendly''; Encourage flight
training schools to train pilots to ``Fly Friendly''; Continually
publicize RHV complaint Hotline; Install noise monitors in the RHV
environs to measure and compare unusual or high level noise aircraft
events with voice recorder system; Install a radar collection system to
match aircraft noise events to radar tracks; Establish an Airport/
Airport user/Community Noise committee after noise monitor and radar
collection system are in place to discuss issues on a quarterly basis;
Create a position at RHV to focus on noise abatement and compliance
programs and to investigate noise complaints; Update the RHV Part 150
Study NEM and NCP within five years of FAA Approval; Update and
distribute the pilot noise handout with the FAA approved noise
abatement measures; Revise the noise abatement signs to reflect the FAA
Approved noise abatement measures; Maintain information about RHV's
noise abatement program on the County's Web site.
The FAA has approved in part and disapproved in part, the following
two land use management elements for the purposes of FAR Part 150: A
County purchase assurance program that guarantees to noise-impacted
property owners the County would provide opportunities for noise
sensitive residences to relocate while maintaining the stability of the
neighborhood; and Implement public land use development criteria to
provide policy guidance for development of public uses within the 2002
CNEL 60dB(A) and greater contours. The FAA has approved in part for
study and disapproved in part for construction, pending submission of
additional information to demonstrate a noise benefit, one land use
management element. The partial approval is limited to evaluation of
study information of the noise benefit of the construction of sound
buffers/barriers to provide noise level reduction for residential areas
immediately adjacent to Reid-Hillview Airport.
The FAA disapproved 9 of the specific program measures for the
purposes of Part 150. The disapproved measures included such items as:
Voluntary limitation on aircraft departures to specific times;
Voluntary limitation on aircraft touch-and-go operations to specific
days and times; Prohibit intersection departures; Restrict Jet
Operations to FAR Part 36 Stage 3 jets; Prohibit formation arrivals and
departures; Prohibit simulated emergencies; Prohibit low-level fly-bys
except for emergency requirements; Encourage pilots to modify aircraft
to decrease noise emissions; Soundproofing existing single-family
development within the 2002 CNEL 60-65 dB(A) contour area.
The FAA has taken no action on one noise abatement measure for the
purposes of Part 150: Revise flight track for aircraft departing Runway
31R (modify the Quiet One departure flight track) measure. The measure
relates to flight procedures under 49 U.S.C. 47504(b) and will require
additional documentation to make a determination. Additional analysis
and communication between the airport operator, the FAA Western-Pacific
Air Traffic Division, and the local Airport Traffic Control Tower
management is required.
These determinations are set forth in detail in the Record of
Approval signed by the Associate Administrator for Airports on November
3, 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 the
Santa Clara County. The Record of Approval also will be available on-
line at: http://www.faa.gov/arp/environmental/14cfr150/index14.cfm.
Issued in Hawthorne, California on December 8, 2004.
Mia Paredes Ratcliff,
Acting Manager, Airports Division, Western-Pacific Region, AWP-600.
[FR Doc. 04-27823 Filed 12-20-04; 8:45 am]
BILLING CODE 4910-13-M