[Federal Register: April 18, 2006 (Volume 71, Number 74)]
[Notices]
[Page 19921-19922]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap06-111]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program for Buffalo Niagara
International Airport, NY
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 Niagara
Frontier Transportation Authority (NFTA) 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 September 7,
2005 the FAA determined that the noise exposure maps submitted by the
Niagara Frontier Transportation Authority under Part 150 were in
compliance with applicable requirements. On March 3, 2006, the FAA
approved Buffalo Niagara International Airport's noise compatibility
program. Most of the recommendations of the program update were
approved. Four measures were disapproved for Part 150 purposes.
DATES: Effective Date: The effective date of the FAA's approval of the
Buffalo Niagara International Airport's noise compatibility program
update is March 3, 2006.
FOR FURTHER INFORMATION CONTACT: Maria Stanco, Environmental Protection
Specialist, Federal Aviation Administration, New York Airports District
Office, 600 Old Country Road, Suite 446, Garden City, NY 11530,
Telephone 516 227-3808. 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 the Buffalo
Niagara International Airport, effective March 3, 2006.
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
[[Page 19922]]
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 measures 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 New York Airports District Office in Garden
City, New York.
The Niagara Frontier Transportation Authority submitted its noise
exposure maps, descriptions, and other documentation produced during
the noise compatibility study in 2003 to the FAA on March 7, 2005. The
Buffalo Niagara International Airport's noise exposure maps were
determined by FAA to be in compliance with applicable requirements on
September 7, 2005. Notice of this determination was published in the
Federal Register on September 21, 2005.
The Buffalo Niagara International Airport study contains a proposed
noise compatibility program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions. It was
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 September 7, 2005 and was
requested 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 sixteen
proposed actions for noise mitigation. The FAA completed its review and
determined that the procedural and substantive requirements of the Act
and FAR Part 150 have been satisfied. The Acting Associate
Administrator for Airports approved the overall program effective March
3, 2006.
Twelve of the sixteen program measures have been approved in whole
or in part. Four measures were disapproved for Part 150 purposes.
Noise abatement element 1 (extension of Quiet Time designation),
element 2 (preferential runway use), and element 4 (preferential
arrival corridors) were disapproved for purposes of Part 150 due to a
lack of demonstrated noise benefit to noncompatible land uses exposed
to noise levels of DNL 65 dBA. FAA recognizes that these measures are
being used on a voluntary basis; a disapproval due to lack of noise
benefit information would not prohibit a continuation of this practice.
Noise abatement measure 3 (preferential departure corridors) was
disapproved for purposes of Part 150. This measure provides noise
benefits to land uses exposed to noise levels less than DNL 65 dBA. The
NFTA has not adopted standards more stringent than Table 1 of 14 CFR
Part 150, which considers land uses exposed to noise levels less than
DNL 65 dBA to be compatible. Measure 5 (restrict engine maintenance
runups during quiet time) and measure 6 (restrict high speed and high
power taxiing) were approved as voluntary measures only.
These determinations are set forth in detail in a Record of
Approval signed by the Acting Associate Administrator for Airports on
March 3, 2006. 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 Niagara Frontier Transportation Authority. The Record of
Approval also will be available on-line at http://www.faa.gov/arp/environmental/14cfr150/index14.cfm
.
Issued in Garden City, New York, April 7, 2006.
Otto N. Suriani,
Acting Manager, New York Airports District Office.
[FR Doc. 06-3659 Filed 4-17-06; 8:45 am]
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