[Federal Register Volume 72, Number 121 (Monday, June 25, 2007)]
[Notices]
[Pages 34736-34737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3070]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Portland International 
Airport

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 Portland 
International Airport under the provisions of 49 U.S.C. (the Aviation 
Safety and Noise Abatement Act, 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 December 13, 2006, the FAA determined that the 
noise exposure maps submitted by the Portland International Airport 
under Part 150 were in compliance with applicable requirements. On June 
7, 2007, the FAA approved the Portland International Airport noise 
compatibility program. Most of the recommendations of the program were 
approved.

DATES: Effective Dates: The effective date of the FAA's approval of the 
Portland International Airport noise compatibility program is June 7, 
2007.

FOR FURTHER INFORMATION CONTACT: Cayla Morgan, Federal Aviation 
Administration, Seattle Airports District Office, 1601 Lind Ave., SW., 
Renton, WA 98057-3356, (425) 227-2653. 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 Portland 
International Airport, effective June 7, 2007.
    Under section 47504 of 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

[[Page 34737]]

14 Code of Federal Regulations (14 CFR) 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 14 CFR 
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 14 CFR 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 14 CFR 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 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, requests for project grants must 
be submitted to the FAA Seattle Airports District Office in Seattle, 
Washington. Portland International Airport submitted to the FAA on 
December 6, 2006, the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from 2001 through 2006. The Portland International Airport 
noise exposure maps were determined 2001 through 2006. The Portland 
International Airport noise exposure maps were determined by FAA to be 
in compliance with applicable requirements on December 13, 2006. Notice 
of this determination was published in the Federal Register on December 
20, 2006 (FR Volume 71, Number 244, pages 76420-76421).
    The Portland International Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions. It was 
requested that the FAA evaluate and approve this material as a noise 
compatibility program as described in section 47504 of the Act. The Faa 
began its review of the program on December 13, 2006, 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 ten noise abatement measures, nine 
noise mitigation/land use compatibility measures, and eight 
administrative recommendations. 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 FAA effective June 7, 2007.
    Outright approval was granted for 24 specific program elements. 
Pursuant to 49 U.S.C. 47504(b), no action was required for Noise 
Abatement Recommendation 8--Reduced Use of Reverse Thrust on Landing. 
Noise Mitigation Recommendation 10--Floating Home Sound Proofing was 
disapproved. The measure was disapproved because FAA is not aware of 
any published studies on the feasibility of sound attenuating floating 
homes, and Part 150 is not intended as a means to undertake new 
research. Administrative Measure 20--Propeller Retrofits was also 
disapproved because this measure called for the exploration of quiet 
technology and Part 150 is not intended as a means to undertake new 
research. Noise Mitigation Measure 12--Investigate Possible Solutions 
to Reduce Noise Exposure for Residents of Mobile Homes was removed from 
further consideration by the Port of Portland. Noise Mitigation Measure 
18--Noise Disclosures for Prospective Purchasers at or above the 55 DNL 
Noise Contour was also removed from further consideration by the Port 
of Portland.
    These determinations are set forth, in detail, in a Record of 
Approval signed by the Airports Division Manager, Northwest Mountain 
Region on June 7, 2007. The Record of Approval, as well as other 
evaluation materials and the documents comprising the submittal, 
including response to public comments, are available for review at the 
FAA office listed above and at the administrative offices of the 
Portland International Airport. The Record of Approval also will be 
available on-line at http://www.faa.gov/arp/enviromental/14cfr150/index14.cfm.

    Issued in Renton, Washington on June 11, 2007.
Donna P. Taylor,
Manager, Airports Division, Northwest Mountain Region.
[FR Doc. 07-3070 Filed 6-22-07; 8:45 am]
BILLING CODE 4910-13-M