[Federal Register Volume 69, Number 244 (Tuesday, December 21, 2004)]
[Notices]
[Pages 76514-76516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27823]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval Of Noise Compatibility Program for Reid-Hillview 
Airport, San Jose, CA

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 Santa Clara 
County, California under the provisions of Title I of the Aviation 
Safety and Noise Abatement Act, as amended, (Public Law 93-193) 
(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 
January 13, 2004, the FAA determined that the noise exposure maps 
submitted by Santa Clara County under Part 150 were in compliance with 
applicable requirements.

EFFECTIVE DATE: The effective date of the FAA's approval of the Noise 
Compatibility Program for Reid-Hillview Airport is November 3, 2004.

FOR FURTHER INFORMATION CONTACT: Joseph Rodriguez, Supervisor, Planning 
Section, San Francisco Airports District Office, Western-Pacific 
Region, Federal Aviation Administration, 831 Mitten Road, Burlingame, 
California, 94010. Telephone: (650) 876-2778, extension 610. 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 Reid-
Hillview Airport (RHV), effective November 3, 2004. Under section 
104(a) of the Aviation Safety and Noise Abatement Act of 1979, as 
amended (herein after referred to as the ``Act'') [recodified as 49 
U.S.C. 47504], 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 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 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 
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 under the Airport and Airway Improvement Act of 1982, as amended. 
Where federal funding is sought, requests for project grants must be 
submitted to the FAA Airports District Office in Burlingame, 
California.
    The Santa Clara County, California submitted to the FAA on July 16, 
2002 the Noise Exposure Maps, descriptions, and other documentation 
produced during the noise compatibility planning study conducted from 
December 2000 through September 2002. The Reid-Hillview Airport Noise 
Exposure Maps were determined by FAA to be in compliance with 
applicable requirements on January 13, 2004. Notice of this 
determination was published in the Federal Register on February 3, 
2004.
    The Reid-Hillview Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
2002 to beyond the year 2007. It was requested that the FAA evaluate 
and approve this material as a Noise Compatibility Program as described 
in 49 USC 47504 (formerly Section 104(b) of the Act). The FAA began its 
review of the program on May 7, 2004, and was required 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 program contained 33 proposed actions for noise 
abatement, noise mitigation, land use planning and program management 
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 was approved, by the 
Associate Administrator for Airports, effective November 3, 2004.
    Outright approval was granted for 20 of the specific program 
measures. The approved measures included such items as: Establish a 
voluntary measure that recommends a preferential Runway use-arrivals on 
Runway 31L & departures on Runway 31R; Encourage use of minimum power 
settings on departure; Encourage standard glide slope arrival 
procedures to minimize power on arrival; Create new engine run-up area 
for twin-engine aircraft (designated at the compass rose as the site 
for maintenance run-ups); Implement a fair disclosure policy to work 
with the California Department of Real Estate to enhance the public 
notice of airport nose level information during residential sales 
transactions; Implement policy guidance for amendments in the city of 
San Jose 2020 General Plan to incorporate recommendations for 
preventing or mitigating unwanted noise and incorporating land use 
recommendations of the [Airport Land use Commission] ALUC Plan; 
Soundproofing existing development through a noise insulation program 
to ensure acceptable interior noise levels for single-family residences 
within the 2002 CNEL 65 dB(A) and greater contours; Implement Planning 
commission review policy guidance for consideration of all types of 
proposed development within the 2002 CNEL 60

[[Page 76516]]

dB(A) and greater contour; County Airport Administration to provide an 
airport noise impact boundary identification as means to monitor new 
land use proposals and ensure the [Airport Land Use Plan] ALUP is 
enforced; Encourage pilots to ``Fly Friendly''; Encourage flight 
training schools to train pilots to ``Fly Friendly''; Continually 
publicize RHV complaint Hotline; Install noise monitors in the RHV 
environs to measure and compare unusual or high level noise aircraft 
events with voice recorder system; Install a radar collection system to 
match aircraft noise events to radar tracks; Establish an Airport/
Airport user/Community Noise committee after noise monitor and radar 
collection system are in place to discuss issues on a quarterly basis; 
Create a position at RHV to focus on noise abatement and compliance 
programs and to investigate noise complaints; Update the RHV Part 150 
Study NEM and NCP within five years of FAA Approval; Update and 
distribute the pilot noise handout with the FAA approved noise 
abatement measures; Revise the noise abatement signs to reflect the FAA 
Approved noise abatement measures; Maintain information about RHV's 
noise abatement program on the County's Web site.
    The FAA has approved in part and disapproved in part, the following 
two land use management elements for the purposes of FAR Part 150: A 
County purchase assurance program that guarantees to noise-impacted 
property owners the County would provide opportunities for noise 
sensitive residences to relocate while maintaining the stability of the 
neighborhood; and Implement public land use development criteria to 
provide policy guidance for development of public uses within the 2002 
CNEL 60dB(A) and greater contours. The FAA has approved in part for 
study and disapproved in part for construction, pending submission of 
additional information to demonstrate a noise benefit, one land use 
management element. The partial approval is limited to evaluation of 
study information of the noise benefit of the construction of sound 
buffers/barriers to provide noise level reduction for residential areas 
immediately adjacent to Reid-Hillview Airport.
    The FAA disapproved 9 of the specific program measures for the 
purposes of Part 150. The disapproved measures included such items as: 
Voluntary limitation on aircraft departures to specific times; 
Voluntary limitation on aircraft touch-and-go operations to specific 
days and times; Prohibit intersection departures; Restrict Jet 
Operations to FAR Part 36 Stage 3 jets; Prohibit formation arrivals and 
departures; Prohibit simulated emergencies; Prohibit low-level fly-bys 
except for emergency requirements; Encourage pilots to modify aircraft 
to decrease noise emissions; Soundproofing existing single-family 
development within the 2002 CNEL 60-65 dB(A) contour area.
    The FAA has taken no action on one noise abatement measure for the 
purposes of Part 150: Revise flight track for aircraft departing Runway 
31R (modify the Quiet One departure flight track) measure. The measure 
relates to flight procedures under 49 U.S.C. 47504(b) and will require 
additional documentation to make a determination. Additional analysis 
and communication between the airport operator, the FAA Western-Pacific 
Air Traffic Division, and the local Airport Traffic Control Tower 
management is required.
    These determinations are set forth in detail in the Record of 
Approval signed by the Associate Administrator for Airports on November 
3, 2004. 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 
Santa Clara County. The Record of Approval also will be available on-
line at: http://www.faa.gov/arp/environmental/14cfr150/index14.cfm.

    Issued in Hawthorne, California on December 8, 2004.
Mia Paredes Ratcliff,
Acting Manager, Airports Division, Western-Pacific Region, AWP-600.
[FR Doc. 04-27823 Filed 12-20-04; 8:45 am]
BILLING CODE 4910-13-M