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###### Department of Transportation

###### Federal Aviation Administration

# AGENCY:

Federal Aviation Administration, DOT.

# ACTION:

Notice. 

# SUMMARY:

                        The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by County of Santa Clara, California for Reid-Hillview Airport under the provisions of 49 U.S.C. 47501*et. seq*                         (Aviation Safety and Noise Abatement Act) and 14 CFR part 150 are in compliance with applicable requirements.                    

# EFFECTIVE DATE:

The effective date of the FAA's determination on the noise exposure maps is January 13, 2004.

# FOR FURTHER INFORMATION CONTACT:

Elisha Novak, Federal Aviation Administration, San Francisco Airports District Office, 831 Mitten Road, Burlingame, California 94010-1303, Telephone: 650/876-2928.

# SUPPLEMENTARY INFORMATION:

This notice announces that the FAA finds that the noise exposure maps submitted for Reid-Hillview Airport are in compliance with applicable requirements of Part 150, effective January 13, 2004. Under 49 U.S.C. section 47503 of the Aviation Safety and Noise Abatement Act (hereinafter referred to as “the Act”), an airport operator may submit to the FAA noise exposure maps which meet applicable regulations and which depict non-compatible land uses as of the date of submission of such maps, a description of projected aircraft operations, and the ways in which such operations will affect such maps. The Act requires such maps to be developed in consultation with interested and affected parties in the local community, government agencies, and persons using the airport. An airport operator who has submitted noise exposure maps that are found by FAA to be in compliance with the requirements of Federal Aviation Regulations (FAR) part 150, promulgated pursuant to the Act, may submit a noise compatibility program for FAA approval which sets forth the measures the operator has taken or proposes to take to reduce existing non-compatible uses and prevent the introduction of additional non-compatible uses.

The FAA has completed its review of the noise exposure maps and accompanying documentation submitted by County of Santa Clara, California. The documentation that constitutes the “Noise Exposure Maps” as defined in section 150.7 of part 150 includes: Figure 6.1 “Existing Conditions (2002) Noise Exposure Map,” and Figure 6.2 “Five-Year Forecast (2007) Noise Exposure Map.” The Noise Exposure Maps contain current and forecast information including the depiction of the airport and its boundaries, the runway configurations, land uses such as residential, open space, commercial/office, community facilities, libraries, churches, open space, infrastructure, vacant and warehouse and those areas within the Community Noise Equivalent Level (CNEL) 60, 65, 70 and 75 noise contours. Estimates for the number of people within these contours for the year 2002 are shown in Table 7.3. Estimates of the future residential population within the 2007 noise contours are shown in Table 7.6. Figure 3.1 displays the location of noise monitoring sites. Flight tracks for the existing and the five-year forecast Noise Exposure Maps are found in Figures 5.2, 5.3, 5.4 and 5.5. The type and frequency of aircraft operations (including nighttime operations) are found in Tables 5.1 and 5.2. The FAA has determined that these noise exposure maps and accompanying documentation are in compliance with applicable requirements. This determination is effective on January 13, 2004.

                    FAA's determination on an airport operator's noise exposure maps is limited to a finding that the maps were developed in accordance with the procedures contained in Appendix A of FAR part 150. Such determination does not constitute approval of the applicant's data, information or plans, or a commitment to approve a noise compatibility program or to fund the implementation of that program. If questions arise concerning the precise relationship of specific properties to noise exposure contours depicted on a noise exposure map submitted under section 47503 of the Act, it should be noted that the FAA is not involved in any way in determining the relative locations of specific properties with regard to the depicted noise contours, or in interpreting the noise exposure maps to resolve questions concerning, for example, which properties should be covered by the provisions of section 47506 of the Act. These functions are inseparable from the ultimate land use control and planning responsibilities of local government. These local responsibilities are not changed in any way under part 150 or through FAA's review of noise exposure maps. Therefore, the responsibility for the detailed overlaying of noise exposure contours onto the map depicting properties on the surface rests exclusively with the airport operator that submitted those maps, or with those public agencies and planning agencies with which consultation is required under section 47503 of the Act. The FAA has relied on the certification by the airport operator, under section 150.21 of FAR part 150, that the                           ( print page 5239)                        statutorily required consultation has been accomplished.                 

Copies of the full noise exposure map documentation and of the FAA's evaluation of the maps are available for examination at the following locations:

Federal Aviation Administration, Community and Environmental Needs Division, APP-600, 800 Independence Avenue, SW., Washington, DC 20591; 

Federal Aviation Administration, Western-Pacific Region, Airports Division, Room 3012, 15000 Aviation Boulevard, Hawthorne, California 90261;

Federal Aviation Administration, San Francisco Airports District Office, 831 Mitten Road, Burlingame, California 94010-1303;

W. Carl Honaker, Acting Director of County Airports, County of Santa Clara, Roads & Airports Department, Airport Division, 2500 Cunningham Avenue, San Jose, California 94148.

                    Questions may be directed to the individual named above under the heading                     **FOR FURTHER INFORMATION CONTACT.**

Issued in Hawthorne, California, on January 13, 2004.

Ellsworth L. Chan,

Acting Manager, Airports Division, AWP-600, Western-Pacific Region.

[FR Doc. 04-2205 Filed 2-2-04; 8:45 am]

BILLING CODE 4910-13-M