[Federal Register: August 8, 2008 (Volume 73, Number 154)]
[Notices]
[Page 46346-46347]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au08-109]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program for Fresno-Yosemite
International Airport, Fresno, 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 the City of
Fresno, California 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 July 6, 2005 (70 FR 50437-50438), the FAA
determined that the noise exposure maps submitted by the city of Fresno
under Part 150 were in compliance with applicable requirements. On July
28, 2008, the FAA approved the Fresno-Yosemite International Airport
noise compatibility program. All of the recommendations of the program
were approved. No program elements relating to new or revised flight
procedures for noise abatement were proposed by the airport operator.
DATES: Effective Date: The effective date of the FAA's approval of the
Fresno Yosemite International Airport noise compatibility program is
July 28, 2008.
FOR FURTHER INFORMATION CONTACT: David B. Kessler, AICP, Regional
Environmental Protection Specialist, Federal Aviation Administration,
Western Pacific Region, Mailing address: P.O. Box 92007, Los Angeles,
CA 90009-2007. Street Address: 15000 Aviation Boulevard, Hawthorne,
California 90261. Telephone 310/725-3615. 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 Fresno-
Yosemite International Airport, effective July 28, 2008.
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 FM 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 14 CFR
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 City of Fresno submitted to the FAA on April 20, 2005, the
Noise Exposure Maps, descriptions, and other documentation produced
during the noise compatibility planning study conducted from October
2002 through June 2006. The Fresno-Yosemite International Airport Noise
Exposure Maps were determined by FAA to be in compliance with
applicable requirements on July 6, 2005. Notice of this determination
was published in the Federal Register on August 26, 2005 (70 FR 50437-
50438).
The Fresno-Yosemite International Airport study contains a proposed
noise compatibility program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions from
(2004 to beyond the year 2009). It was requested that the FAA evaluate
and approve this material as a Noise Compatibility Program as described
in 49 U.S.C. Sec. 47504 of the Act. The City of Fresno initially
submitted its noise compatibility program for the subject airport to
the FAA on May 26, 2006 (71 FR 33032-33033). In a letter received by
FAA on September 15, 2006, the City of Fresno requested that FAA
suspend its review and processing of the noise compatibility program in
order to modify the document. FAA terminated its formal review of the
City of Fresno's noise compatibility program effective September 15,
2006 (71 FR 56582). Subsequently, the City of Fresno submitted their
revised noise compatibility program to FAA. Therefore, the FAA has
formally received the noise compatibility program for FAT, effective on
April 18, 2008. The FAA began its review of the program on April 18,
2008, 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.
[[Page 46347]]
The submitted program contained twenty-five (25) proposed actions
for noise abatement, land use management 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 Manager
of the Airports Division, Western-Pacific Region, effective July 28,
2008.
Outright approval was granted for the two (2) noise abatement
measures, all fourteen (14) land use management measures and nine (9)
program management measures. The approved noise abatement measures
included: Maintain CANG Noise Abatement Departure Track Procedures; and
Continued Use of Minimum Altitudes Before Departure Turns Off Runways
29L and 29R.
Approved land use measures include: Land Acquisition of Developed
Non-Compatible Property; Residential Sound Insulation Program; Noise
Sensitive Public Building Sound Insulation Program; Purchase of
Avigation Easements; Encourage Comprehensive Planning for Compatible
Land Uses and Adoption of NEMs; Amend Zoning for Compatible Use; Adopt
Airport Noise Overlay Zone; Amend Building Codes to Meet Interior Noise
Levels; Require Avigation Easement with New Construction; Support Real
Property Noise Disclosure; Transfer of Development Rights; Purchase of
Development Rights; Purchase of Vacant Land That May Be Developed Into
NonCompatible Use; Encourage the Local Jurisdictions to Develop
Compatible Land Uses in the Airport Environs.
Approved Program Management measures include: Monitor Airport
Operations to Determine Need for NEM and/or NCP Updates; Acquire a
Flight Tracking System and/or Noise and Operations Monitoring System
(NOMS); Monitor Aircraft Engine Run-ups and Complaints as a Trigger for
a Future Ground Run-up Enclosure (GRE) Replacement Needs Analysis
Study; Establish Staff Position to Monitor and Coordinate
Implementation of the NCP Measures; Increase Community Outreach; Expand
Airport Noise Section on the FAT Website; Develop Standardize Complaint
Collection, Response, and Recording Procedures; Establish an Airport
Noise Advisory Committee; Develop and Distribute Pilot Handouts.
These determinations are set forth, in detail, in the Record of
Approval signed by the Manager of the Airports Division, Western-
Pacific Region, on July 28, 2008. 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 City of Fresno. The Record of Approval
will be available on-line at: http://www.faa.gov/airports_airtraffic/
airports/environmental/airport_noise/ part--150/states/.
Issued in Hawthorne, California on July 29, 2008.
Mark A. McClardy
Manager, Airports Division, Western-Pacific Region, AWP-600
[FR Doc. E8-18086 Filed 8-7-08; 8:45 am]
BILLING CODE 4910-13-M