[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)] [Notices] [Pages 26608-26609] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-12652] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Approval of Noise Compatibility Program Springfield-Beckley Municipal Airport Springfield, OH AGENCY: Federal Aviation Administration, DOT. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by the city of Springfield, Ohio, under the provisions of Title I of the Aviation Safety and Noise Abatement Act of 1979 (Public Law 96-193) 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 August 11, 1995, the FAA determined that the noise exposure maps submitted by the city of Springfield, Ohio, under Part 150 were in compliance with applicable requirements. On March 18, 1997, the Associate Administrator for airports approved the Springfield-Beckley Municipal Airport noise compatibility program. Twenty six of the twenty seven recommendations of the program were approved. EFFECTIVE DATE: The effective date of the FAA's approval of the Springfield-Beckley Municipal Airport noise compatibility program is March 18, 1997. FOR FURTHER INFORMATION CONTACT: Lawrence C. King, Federal Aviation Administration, Detroit Airports District Office, Willow Run Airport, East, 8820 Beck Road, Belleville, Michigan 48111, 313-487-7293. 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 Springfield-Beckley Municipal Airport, effective March 18, 1997. Under section 104(a) of the Aviation Safety and Noise Abatement Act of 1979 (hereinafter referred to as ``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 noncompatible land uses and prevention of additional noncompatible 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: 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 noncompatible 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 prescribed by law. Specific limitations with respect to the 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, request for project grants must be submitted to the FAA Detroit Airports District Office in Belleville, Michigan. [[Page 26609]] The city of Springfield, Ohio, submitted to the FAA on July 5, 1994, noise exposure maps, descriptions, and other documentation produced during the noise compatibility planning study conducted from September 24, 1993, through December 5, 1995. The Springfield-Beckley Municipal Airport noise exposure maps were determined by the FAA to be in compliance with applicable requirements on August 11, 1995. Notice of this determination was published in the Federal Register on August 28, 1995. The Springfield-Beckley Municipal Airport study contains a proposed noise compatibility program comprised of actions designed for phased implementation by airport management and adjacent jurisdictions from the date of study completion to beyond the year 2000. 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 19, 1996, 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 program within the 180- day period would have been deemed to be an approval of such program. The submitted program contained twenty seven (27) 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 Associate Administrator for Airports effective March 18, 1997. Outright approval was granted for twenty six of the twenty seven specific program elements. Land Use Management Element LU-8, ``Adopt Large Lot Zoning Policy'', was disapproved for purposes of Part 150 unless accompanied by adequate sound insulation during construction. Residential development, even at lower density, is incompatible with Part 150's purpose to prevent the introduction of non-compatible land uses. The prevention of such development is highly preferred to allowing it, even when accompanied by sound insulation. Seven (7) of the twenty seven measures submitted are listed as ``Noise Abatement Measures''. The seven measures were approved which relate to civilian and military aircraft runups and aircraft flight procedures to mitigate aircraft noise impacts. Thirteen (13 of the twenty seven measures are listed as ``Land Use Management Measures''. Twelve of the thirteen measures were approved. Two of the measures relate to voluntary acquisition of homes in noise sensitive areas; one measure relates to purchasing avigation easements for homes within the DNL 65 dBA noise contour; one measure relates to incorporating land use policies for the Noise Compatibility Plan into local comprehensive plans; one measure will discourage the extension of sanitary sewer systems to residential areas impacted by noise; one measure recommends adopting plan review guidelines for subdivision, rezoning special use, conditional use, and variance applications; one measure recommends adopting joint airport zoning in the airport environs; two measures involve rezoning noise sensitive areas as commercial; one measure recommends informal fair disclosure; one measure recommends revising building code regulations to require sound insulation measures for development within noise contours; and one measure recommends that plat notes should state that the property lies within a high noise area. Seven (7) of the twenty seven measures are listed as ``Program Management Measures''. All seven measures were approved. Two of the measures concern active participation by the Ohio Air National Guard unit located at the airport in noise abatement procedures; one measure concerns notification of local operators of noise abatement procedures at the airport; one measure concerns the public availability of noise exposure maps; and three measures concern the periodic review and update of the approved Noise Compatibility Program. These determinations are set forth in detail in a Record of Approval endorsed by the Associate Administrator for Airports on March 18, 1997. The Record of Approval, as well as other evaluation materials and documents which comprised the submittal to the FAA, are available for review at the following locations: Federal Aviation Administration, 800 Independence Avenue, S.W., Room 617, Washington, D.C. 20591 Federal Aviation Administration, Detroit Airports District Office, Willow Run Airport, East, 8820 Beck Road, Belleville, Michigan 48111 Mr. Matthew J. Kridler, Manager, City of Springfield, Springfield City Hall, 76 East High Street, Springfield, OH 45502 Questions may be directed to the individual named above under the heading, FOR FURTHER INFORMATION CONTACT. Issued in Belleville, Michigan, April 18, 1997. Robert H. Allen, Assistant Manager, Detroit Airports District Office, Great Lakes Region. [FR Doc. 97-12652 Filed 5-13-97; 8:45 am] BILLING CODE 4910-13-M