51712 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Notices

Issued in Washington, DC, on September

26, 1997.

Vanester M. Williams,

Clearance Officer, United States Department

of Transportation

[FR Doc. 97–26155 Filed 10–1–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Approval of Noise Compatibility

Program Fort Smith Regional Airport,

Fort Smith, AR

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice.

SUMMARY: The Federal Aviation

Administration (FAA) announces its

findings on the noise compatibility

program submitted by Fort Smith

Airport Commission under the

provisions of Title 49 U.S.C., Chapter

475 and CFR part 150. These findings

are made in recognition of the

description and nonfederal

responsibilities in Senate Report No.

96–52 (1980). On March 13, 1997, the

FAA determined that the noise exposure

maps submitted by the Fort Smith

Airport Commission, under Part 150,

were in compliance with the applicable

requirements. On September 9, 1997,

the Administrator approved the noise

compatibility program. Nine of the

thirteen recommendations of the

program were approved.

EFFECTIVE DATES: The effective date of

the FAA’s approval of the Fort Smith

Regional Airport noise compatibility

program is September 9, 1997.

FOR FURTHER INFORMATION CONTACT: For

further information contact Mr. Tim

Tandy, Department of Transportation,

Federal Aviation Administration, 2601

Meacham Boulevard, Fort Worth, Texas,

76137, (817) 222–5635. 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 Fort Smith

Regional Airport, effective September 9,

1997.

Under Title 49 USC, Section 47504

(hereinafter referred to as ‘‘Title 49‘‘) 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 within the

area covered by the noise exposure

maps. Title 49 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 Title 49 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 of 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 on FAA implementing

action. A request for Federal action or

approval to implement specific noise

compatibility measure 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 mut be

submitted to the FAA Arkansas/

Louisiana Airports Development Office

in Fort Worth, Texas.

Fort Smith Airport Commission

submitted to the FAA on August 9,

1996, the noise exposure maps,

descriptions, and other documentation

produced during the noise compatibility

planning study conducted from July 15,

1994 through February 14, 1997. The

Fort Smith Regional Airport noise

exposure maps were determined by

FAA to be in compliance with

applicable requirements on March 12,

1997. Notice of this determination was

published in the Federal Register on

March 28, 1997.

The Fort Smith Regional Airport FAR

part 150 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 (or beyond) the

year 2000. It was requested that the FAA

evaluate and approve this material as a

noise compatibility program as

described in Title 49. The FAA began its

review of the program on March 13,

1997 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 shall be deemed to be an

approval of such program.

The submitted program contained

thirteen proposed actions for noise

mitigation on and off the airport. The

FAA completed its review and

determined that the procedural and

substantive requirements of Title 49 and

FAR part 150 have been satisfied. The

overall program, therefore, was

approved by the Administrator effective

September 9, 1997.

Outright approval was granted for

nine of the specific program elements.

The following four program elements

were disapproved pending submittal of

additional information. Element 1

recommended that high performance

aircraft, including military jet fighter

and trainers, be restricted to straight-out

takeoffs from Runways 07 and 25 until

reaching 3,000 feet mean sea level, or

approximately 3 nautical miles from the

runway end. Element 2 recommended

that pilots of commercial and business

jets be requested to fly noise abatement

procedures published in FAA Advisory

Circular 91–53A or procedures

published by the National Business

Aircraft Association. Element 3

recommended the development of

procedures whereby military aircraft

capable of performing afterburner
Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Notices 51713

takeoffs would disengage the afterburner

mode at selected points after takeoff,

such as the airport boundary. Element 8

recommended the purchase of three

properties within the 75 DNL contour.

The following nine elements were

approved. Element 4 recommended the

continuation of performing military jet

engine run-ups inside hush house

facilities. Element 5 recommended

obtaining aviation easements from

homeowners within the 65 DNL and

higher contours. Element 6

recommended that the City of Fort

Smith take the lead in adopting noise

disclosure regulations to ensure

potential buyers are aware of an existing

noise issue associated with properties

for sale. The approval noted that this

element is contingent upon the

cooperation of surrounding jurisdictions

with the City of Fort Smith. Element 7

recommended that voluntary

amendments be made to the Uniform

Building Code, which makes provisions

for noise attenuation. The approval

noted that the effectiveness of this

element is contingent upon the

cooperation of surrounding jurisdiction

with the City of Fort Smith. Element 9

recommended the establishment of

noise overlay districts for the City of

Fort Smith in the airport vicinity.

Element 10 recommended placing

responsibility for managing day to day

noise issues with the Airport

Commission and staff. Element 11

recommended continuation of the

Advisory Committee public

involvement program. Element 12

recommend the establishment of a

periodic noise monitoring program.

Element 13 recommended periodic

review of the Part 150 Study NEMs and

NCP by the Airport Commission to

determine whether an update of the

program is required.

These determinations are set forth in

detail in a Record of Approval endorsed

by the Administrator on September 9,

1997. The Record of Approval, as well

as other evaluation materials and the

documents comprising the submittal,

are available at the FAA office listed

above and at the administrative offices

of the Fort Smith Airport Commission.

Issued in Fort Worth, Texas, September 22,

1997.

Noami L. Saunders,

Manager, Airports Division

[FR Doc. 97–26116 Filed 10–1–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE–97–48]

Petitions for Exemption; Summary of

Petitions Received; Disposition of

Petitions Issued

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of petitions for

exemption received and of dispositions

of prior petitions.

SUMMARY: Purusant to FAA’s rulemaking

provisions governing the application,

processing, and disposition of petitions

for exemption (14 CFR Part 11), this

notice contains a summary of certain

petitions seeking relief from specified

requirements of the Federal Aviation

Regulations (14 CFR Chapter I),

disposition of certain petitions

previously received, and corrections.

The purpose of this notice is to improve

the public’s awareness of, and

participation in, this aspect of FAA’s

regulatory activities. Neither publication

of this notice nor the inclusion or

omission of information in the summary

is intended to affect the legal status of

any petition or its final disposition.

DATES: Comments on petitions received

must identify the petition docket

number involved and must be received

on or before October 23, 1997.

ADDRESSES: Send comments on any

petition in triplicate to: Federal

Aviation Administration, Office of the

Chief Counsel, Attn: Rule Docket (AGC–

200), Petition Docket No. 28991, 800

Independence Avenue, SW.,

Washington, D.C. 20591.

Comments may also be sent

electronically to the following internet

address: 9–NPRM–CMNTS@faa.dot.gov.

The petition, any comments received,

and a copy of any final disposition are

filed in the assigned regulatory docket

and are available for examination in the

Rules Docket (AGC–200), Room 915G,

FAA Headquarters Building (FOB 10A),

800 Independence Avenue, SW.,

Washington, D.C. 20591; telephone

(202) 267–3132.

FOR FURTHER INFORMATION CONTACT:

Heather Thorson (202) 267–7470 or

Angela Anderson (202) 267–9681 Office

of Rulemaking (ARM–1), Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591.

This notice is published pursuant to

paragraphs (c), (e), and (g) of § 11.27 of

Part II of the Federal Aviation

Regulations (14 CFR Part 11).

Issued in Washington, D.C., on September

26, 1997.

Joseph A. Conte,

Acting Assistant Chief Counsel for

Regulations.

Petitions for Exemption

Docket No.: 28991.

Petitioner: Joe Brigham, Inc.

Sections of the FAR Affected: 14 CFR

133.33 (d) and (e) and 133.45(d).

Description of Relief Sought: To

permit JBI to operate its Bell Model UH–

1B, a restricted category helicopter, in

external-load operations in congested

areas subject to an approved congested

area plan.

[FR Doc. 97–26092 Filed 10–1–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent to Rule on Application

to Impose and Use the Revenue From

a Passenger Facility Charge (PFC) at

McAllen-Miller International Airport,

McAllen, Texas

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of intent to rule on

application.

SUMMARY: The FAA proposes to rule and

invites public comment on the

application to impose and use the

revenue from a PFC at McAllen-Miller

International Airport under the

provisions of the Aviation Safety and

Capacity Expansion Act of 1990 (Title

IX of the Omnibus Budget

Reconciliation Act of 1990) (Pub. L.

101–508) and part 158 of the Federal

Aviation Regulations (14 CFR part 158).

DATES: Comments must be received on

or before November 3, 1997.

ADDRESSES: Comments on this

application may be mailed or delivered

in triplicate copies to the FAA at the

following address: Mr. Ben Guttery,

Federal Aviation Administration,

Southwest Region, Airports Division,

Planning and Programming Branch,

ASW–610D, Forth Worth, TX 76193–

0610.

In addition, one copy of any

comments submitted to the FAA must

be mailed or delivered to Mr. Derald

Lary, Director of McAllen-Miller

International Airport, at the following

address: Mr. Derald Lary, Director of

Aviation, McAllen-Miller International

Airport, 2600 Main Street, Suite 100,

McAllen, TX 78503–3142.

Air carriers and foreign air carriers

may submit copies of the written