[Federal Register: November 14, 2005 (Volume 70, Number 218)]
[Notices]
[Page 69198-69200]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no05-91]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program Update for Lehigh Valley
International Airport, Allentown, PA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice.
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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by the Lehigh-
Northampton Airport Authority under the provisions of 49 U.S.C. (the
Aviation Safety and Noise Abatement Act, 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 May 14, 2004 the
FAA determined that the noise exposure maps submitted by the Lehigh-
Northampton Airport Authority under Part 150 were in compliance with
applicable requirements. On October 7, 2005, the FAA approved the
Lehigh Valley International Airport's updated noise compatibility
program. Most of the recommendations of the program update were
approved. One program element relating to revised flight procedures for
noise abatement was proposed by the airport operator and was approved
in part, as a voluntary measure, and disapproved in part. Only one
noise abatement element was disapproved for purposes of Part 150
pending submission of additional information needed to make an informed
analysis. The Lehigh-Northampton Airport Authority has also requested
under FAR Part 150, section 150.35(f), that FAA determine that the
revised five-year forecast condition NEM submitted with the noise
compatibility program and showing noise contours as a result of the
implementation of the noise compatibility program is in compliance with
applicable requirements of FAR Part 150. The FAA announces its
determination that the revised five-year forecast condition NEW for the
Lehigh Valley International Airport for the year 2008 submitted with
the noise compatibility program is in compliance with applicable
requirements of FAR Part 150 effective October 31, 2005. The
documentation that constitutes the revised five-year forecast condition
NEM as defined in Sec. Sec. 150.7 and 150.101(e) of Part 150 includes
but is not limited to: Sections 2.2 and 2.3, Figure 3, and Table 3 in
the NCP Update, and Figure 11 and Figures 36 through 45 in the NEM
volume. The FAA has determined that this revised five-year forecast
condition NEM and accompanying documentation are in compliance with
applicable requirements.
DATES: The effective date of the FAA's approval of the Lehigh Valley
International Airport's noise compatibility program update is October
7, 2005. The effective date of the FAA's determination on the revised
five-year forecast condition NEM is October 31, 2005.
FOR FURTHER INFORMATION CONTACT: Edward S. Gabsewics, CEP,
Environmental Protection Specialist, Federal Aviation Administration,
[[Page 69199]]
Harrisburg Airports District Office, 3905 Hartzdale Drive, Suite 508,
Camp Hill, PA 17011, Telephone 717-730-2832. 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 update for the
Lehigh Valley International Airport, effective October 7, 2005, and
that the revised five-year forecast condition NEM for 2008 for this
same airport is determined to be in compliance with applicable
requirement of FAR Part 150.
A. 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 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:
1. The noise compatibility program was developed in accordance with
the provisions and procedures of FAR Part 150;
2. 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;
3. 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
4. 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. Where Federal funding is sought, requests for project grants must
be submitted to the FAA Airports District Office in Camp Hill,
Pennsylvania.
In December 2003, the Lehigh-Northampton Airport Authority
submitted its updated noise exposure maps to the FAA along with
descriptions and other documentation produced during the noise
compatibility planning study initiated in 2002. The Lehigh Valley
International Airport's updated noise exposure maps were determined by
FAA to be in compliance with applicable requirements on May 14, 2004.
Notice of this determination was published in the Federal Register on
May 28, 2004.
The Lehigh Valley International Airport study contains a proposed
noise compatibility program update comprised of actions designed for
phased implementation by airport management and adjacent jurisdictions
from 2005 to 2008. 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 April 12,
2005 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 noise compatibility program update contained twenty
proposed actions for noise mitigation (six noise abatement elements,
five lands use elements, and nine implementation program elements). 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 FAA
effective October 7, 2005.
Approval was granted in whole or in part for nineteen of the twenty
proposed action elements in the noise compatibility program update.
Three elements were approved as voluntary measures and one was approved
in part as a voluntary measure and disapproved in part. Only one
element was disapproved for Part 150 purposes.
Noise abatement element 2 (recommending an amendment to the
existing FAA-approved voluntary NCP measure which calls for the ATCT to
assign Runway 31 departures a turn to a 360 degree heading as soon as
practical) was disapproved in part based on concerns voiced by the
ATCT. Noise abatement element 5 was disapproved for purposes of Part
150 pending submission of additional information to make an informed
analysis about its noise benefits.
These determinations are set forth in detail in a Record of
Approval signed by the Associate Administrator for Airports on October
7, 2005. 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
Lehigh-Northampton Airport Authority. The Record of Approval also will
be available on-line at http://www.faa.gov/arp/environmental/14cfr150/index14.cfm
.
B. The FAA also has completed its review of the revised five-year
forecast condition NEM and related descriptions submitted by Lehigh-
Northampton Airport Authority. The specific map under consideration is
included in the NCP Update submission as Figure 3. This map is
supported by Sections 2.2 and 2.3, Figure 3, and Table 3 in the NCP
Update, and Figure 11 and Figures 36 through 45 in the NEM volume. The
FAA has determined that this revised five-year forecast condition NEM
map for the Lehigh Valley International Airport is in compliance with
applicable requirements. This determination is effective on October 31,
2005. FAA's determination on an airport operator's noise exposure maps
is limited to a finding that the maps were developed in accordance with
the procedures contained in Appendix A of FAR Part 150. Such
determination does not constitute approval of the applicant's data,
information or plans.
[[Page 69200]]
If questions arise concerning the precise relationship of specific
properties to noise exposure contours depicted on a noise exposure map
submitted under section 47503 of the Act, it should be noted that the
FAA is not involved in any way in determining the relative locations of
specific properties with regard to the depicted noise contours, or in
interpreting the noise exposure maps to resolve questions concerning,
for example, which properties should be covered by the provisions of
section 47506 of the Act. These functions are inseparable from the
ultimate land use control and planning responsibilities of local
government. These local responsibilities are not changed in any way
under Part 150 or through FAA's review of noise exposure maps.
Therefore, the responsibility for the detailed overlaying of noise
exposure contours onto the map depicting properties on the surface
rests exclusively with the airport operator that submitted those maps,
or with those public agencies and planning agencies with which
consultation is required under section 47503 of the Act. The FAA has
relied on the certification by the airport operator, under section
150.21 of FAR Part 150, that the statutorily required consultation has
been accomplished.
Copies of the revised five-year forecast condition NEM and of the
FAA's evaluation of the revised NEM, and copies of the record of
approval and other evaluation materials and documents which comprised
the submittal to the FAA are available for examination at the following
locations:
Federal Aviation Administration Harrisburg Airports District
Office, 3905 Hartzdale Drive, Suite 508, Camp Hill, PA 17011 and
Lehigh-Northampton Airport Authority, 3311 Airport Road, Allentown, PA
18109.
Questions on either of these FAA determinations may be directed to
the individual named above under the heading FOR FURTHER INFORMATION
CONTACT.
Dated: Issued in Camp Hill, Pennsylvania, October 31, 2005.
Wayne T. Heibeck,
Manager, Harrisburg Airports District Office.
[FR Doc. 05-22492 Filed 11-10-05; 8:45 am]
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