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[Federal Register Volume 62, Number 191 (Thursday, October 2, 1997)]
[Notices]
[Pages 51712-51713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26116]

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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.

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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

[[Page 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
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