[Federal Register: August 21, 2008 (Volume 73, Number 163)]
[Notices]
[Page 49535-49536]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au08-108]
[[Page 49535]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; Centennial Airport,
Englewood, CO; FAA
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 Arapahoe
County Public Airport Authority for the Centennial Airport under the
provisions of Title I of the Aviation Safety and Noise Abatement Act of
1979 (Pub. L. 96-193) and 14 CFR Part 150, Airport Noise Compatibility
Planning. These findings are made in recognition of the description of
federal and non-federal responsibilities in Senate Report No. 96-52
(1980). On August 12, 2008, the Airports Division Manager approved the
Centennial Airport noise compatibility program. Of the twelve proposed
program elements, FAA approved eight and reserved approval of another
two measures pending further study. The remaining two measures were
disapproved.
DATES: The effective date of the FANs approval of the Centennial
Airport noise compatibility program is August 12, 2008.
FOR FURTHER INFORMATION CONTACT: Linda Bruce, Federal Aviation
Administration, Denver Airports District Office, 26805 E. 68th Avenue,
Suite 224, Denver, Colorado 80249-6361, Telephone (303) 342-1264.
Documents reflecting this FAA action may be obtained from Ms. Bruce or
on the Internet at http://www.faa.gov/airports_airtraffic/airports/
regional guidance/northwest-- mountain/environmental/.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the Centennial Airport noise compatibility
program, effective August 12, 2008. Under Section 104(a) of the
Aviation Safety and Noise Abatement Act of 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 14 CFR Part 150 is a local program, not a federal program. The FAA
does not substitute its judgment for that of the airport sponsor with
respect to which measures should be recommended for action. The FAA's
approval or disapproval of 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 noncompatible 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 14 CFR 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, the airport sponsor must submit
requests for project grants to the FAA Denver Airports District Office
in Denver, Colorado.
The Centennial 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 2012. The Arapahoe County Public Airport
Authority, Englewood, CO, requested that the FAA evaluate and approve
this material as a noise compatibility program for the Centennial
Airport, as described in Section 104(b) of the Act. The FAA began its
review of the program on February 22, 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 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 12 proposed actions to address
noise on and off the airport. The FAA completed its review and
determined that the overall program complied with procedural and
substantive requirements of the Act and Part 150. The overall program,
therefore, was approved by FAA effective August 12, 2008. Outright
approval was granted for eight of the specific program elements. One of
these elements proposes the ban of Stage I aircraft from operating at
Centennial Airport. Since there is no Federal preemption to banning
such aircraft, FAA approved this element. Two other elements proposed
involve voluntary measures that the airport sponsor can encourage
pilots to use to help minimize aircraft noise.
The only land use planning element proposed by the airport sponsor
was approved by FAA. This element involves the airport authority
working with the local municipalities to amend zoning requirements,
comprehensive plans and development regulations to minimize new, non-
compatible land uses near the airport and to minimize the impact on
airspace surrounding the airport, including 14 CFR Part 77 imaginary
surfaces.
The remaining approved elements involve program management and are
intended to assist in the development and operations of a noise
abatement office and noise monitoring efforts. These measures include
the installation of permanent noise monitoring system to monitor noise
levels and compliance with noise abatement measures and the use of a
public advisory committee to
[[Page 49536]]
monitor programs implemented as a result on the adoption of the NCP,
including the Fly Quiet Program guidelines and the Noise Monitoring
Program.
The airport sponsor proposed three changes to flight procedures.
One of these measures, a change to nighttime flight procedures for jets
departing to the north, will require further safety and environmental
analysis. The other two programs elements FAA disapproved as they
involve proposed changes to flight paths that FAA Air Traffic Control
determined would create numerous adverse impacts to safety and
efficiency of air traffic control operations. These program elements
propose testing 24-hour flight tracks between 350 and 010 degree
headings and implementing a 170 degree departure heading to 4 DME or
8,000 MSL (+/-20 degrees).
FAA disapproved the remaining program element, the proposed ban of
Stage 2 aircraft under 75,000 lbs. from operating at Centennial Airport
at nighttime, pending further study. Per the requirements of 14 CFR
Part 16, this measure requires further study to determine the impact on
the national airspace system and air commerce.
FAA's determinations are set forth in detail in a Record of
Approval endorsed by the Airports Division Manager on August 12, 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 and Internet site listed above and at the administrative offices
of the Arapahoe County Public Airport Authority, Englewood, CO.
Issued in Renton, Washington on August 12, 2008.
Donna Taylor,
Manager, Airports Division, FAA Northwest Mountain Region.
[FR Doc. E8-19278 Filed 8-20-08; 8:45 am]
BILLING CODE 4910-13-M