[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15298]
[[Page Unknown]]
[Federal Register: June 23, 1994]
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DEPARTMENT OF TRANSPORTATION
Norwood Memorial Airport, Norwood, MA; FAA Approval of Noise
Compatibility Program
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 Norwood
Airport Commission 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. These findings are made in recognition of the description of
Federal and non-federal responsibilities in Senate Report No. 96-52
(1980). On September 2, 1993, the FAA determined that the noise
exposure maps submitted by the Norwood Airport Commission under part
150 were in compliance with applicable requirements. On March 2, 1994,
the Assistant Administrator approved the Norwood Memorial Airport noise
compatibility program. Out of the 20 proposed program elements, 13 were
approved, two were partially approved and five were disapproved.
EFFECTIVE DATE: The effective date of the FAA's approval of the Norwood
Memorial Airport noise compatibility program is March 2, 1994.
FOR FURTHER INFORMATION CONTACT: John C. Silva, Federal Aviation
Administration, New England Region, Airports Division, 12 New England
Executive Park, Burlington, Massachusetts 01803, Telephone (617) 238-
7602.
Documents reflecting this FAA action may be obtained from the same
individual.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the Norwood Memorial Airport noise
compatibility program, effective March 2, 1994.
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 Federal Aviation Regulation (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 of 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 as
prescribed by law.
Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in FAR part 150, Sec. 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 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, requests for project grants must
be submitted to the FAA Regional Office in Burlington, Massachusetts.
The Norwood Airport Commission submitted to the FAA, on July 13,
1993, noise exposure maps, descriptions, and other documentation
produced during the noise compatibility planning study conducted from
December 1985 to July 1993. the Norwood Memorial Airport noise exposure
maps were determined by FAA to be in compliance with applicable
requirements on September 3, 1993. Notice of this determination was
published in the Federal Register on September 20, 1993.
The Norwood 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 1992. 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
3, 1993, 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 180-day period shall be deemed to be an approval
of such a program.
The submitted program contained 20 proposed actions for noise
mitigation 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, therefore,
was approved by the Assistant Administrator effective March 2, 1994.
Approval was granted for 13 specific program elements: Flight track
changes, preferential runway use, calm wind runway assignment after
tower closure, a system to monitor changes in noise and maintains a
database of aircraft, airport noise signs, noise brochures, a compliant
response program, local pilot education, a permanent noise advisory
committee, an annual report on noise, updates to the noise exposure
map, consideration of recording noise impact areas with the Registry of
Deeds, and consideration of creating an airport noise overlay zoning
district and allowance of noise-sensitive uses only by special permit.
Two program elements were partially approved: low-noise departure
procedures and establishment of an aircraft maintenance run-up area and
noise barrier.
Disapproved measures include a proposed restriction on touch-and-go
operating times, an amendment of the existing noise limit restriction,
the establishment of landing fees as a noise abatement measure,
national pilot education, and enforcement of the existing airport noise
regulation.
FAA's determinations are set forth in detail in a Record of
Approval endorsed by the Assistant Administrator on March 2, 1994. 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 office of the Norwood Airport
Commission, Municipal Building, 164 Union Street, Norwood,
Massachusetts.
Issued in Burlington, Massachusetts on June 1, 1994.
Vincent A. Scarano,
Manager, Airports Division, New England Region.
[FR Doc. 94-15298 Filed 6-22-94; 8:45 am]
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