1794 Federal Register / Vol. 62, No. 8 / Monday, January 13, 1997 / Notices

the total amount of benefits payable on

the worker’s record did not exceed the

family maximum and that Anthony’s

child’s benefits should not be reduced.

Statement As To How Parisi Differs

From Social Security Policy

Section 203(a) of the Act establishes

a limit, derived from the worker’s

primary insurance amount, on the total

monthly benefits to which dependents

or survivors may be entitled on the basis

of one worker’s earnings record (the

family maximum). Under SSA’s

regulations implementing section 203(a)

of the Act (20 CFR 404.403 and

404.404), the benefits of each claimant

entitled on a worker’s earnings record

are reduced proportionately so that the

total benefits of those entitled on the

record in one month do not exceed the

family maximum. In calculating total

monthly benefits, SSA includes all

benefits of the claimants who are

entitled on the worker’s record without

considering whether the benefits are

actually due or payable.

The Parisi court held that, when

computing a reduction under the family

maximum pursuant to section 203(a) of

the Act, SSA should not include the

monthly benefit that would otherwise

be payable to the spouse if payment of

that spouse’s benefit is precluded by

section 202(k)(3)(A) of the Act due to

the spouse’s simultaneous entitlement

to a higher benefit on the spouse’s own

earnings record.

Explanation of How SSA Will Apply

The Parisi Decision Within The Circuit

This Ruling applies only to cases

involving claimants whose benefits are

reduced because of the family maximum

and who reside in Maine, New

Hampshire, Massachusetts, Rhode

Island or Puerto Rico at the time of the

determination or decision at any

administrative level, i.e., initial,

reconsideration, ALJ hearing or Appeals

Council.

When the total benefits due or

payable for any month on the earnings

record of a worker exceed the maximum

amount under section 203(a) of the Act

(the family maximum applies) and a

person entitled on the worker’s earnings

record is simultaneously entitled to

benefits on another earnings record,

SSA will consider only the amount of

monthly dependent’s or survivor’s

benefits actually due or payable to the

simultaneously-entitled person when

determining the amount of the benefit

reduction because of the family

maximum. Adjudicators will continue

to apply SSA’s other policies for

applying and calculating the family

maximum reduction.

[FR Doc. 97–667 Filed 1-10-97; 8:45 am]

BILLING CODE 4190-29-F

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Exposure Map Notice; Receipt of

Noise Compatibility Program and

Request for Review, Washington

National Airport, Washington, DC

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice.

SUMMARY: The Federal Aviation

Administration (FAA) announces its

determination that the noise exposure

maps submitted by the Metropolitan

Washington Airport Authority (MWAA)

for the Washington National Airport

(DCA) under the provisions of Title I of

the Aviation Safety and Noise

Abatement Act of 1979 (Public Law 96–

193) and 14 CFR part 150 are in

compliance with applicable

requirements. The FAA also announces

that it is reviewing a proposed noise

compatibility program that was

submitted for DCA under part 150 in

conjunction with the noise exposure

maps and that this program will be

approved or disapproved on or before

July 3, 1997.

EFFECTIVE DATE: The effective date of

FAA’s determination on the noise

exposure maps and of the start of its

review of the associated noise

compatibility program is January 3,

1997. The public comment period ends

March 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Frank Squeglia, Environmental

Specialist, FAA Eastern Regional Office,

Airports Division, AEA–610, Fitzgerald

Building, JFK International Airport,

Jamaica, NY 11430; (718) 553–3325.

Comments on the proposed noise

compatibility program should also be

submitted to the above office.

SUPPLEMENTARY INFORMATION: This

notice announces that the FAA finds

that the noise exposure maps submitted

for DCA are in compliance with

applicable requirements of Part 150,

effective January 3, 1997. Further, FAA

is reviewing a proposed noise

compatibility program for that airport

which will be approved or disapproved

on or before July 3, 1997. This notice

also announces the availability of this

program for public review and

comment.

Under Section 103 to Title I of the

Aviation Safety and Noise Abatement

Act of 1979 (hereinafter referred to as

‘‘the Act’’), an airport operator may

submit to the FAA noise exposure maps

which meet applicable regulations and

which depict noncompatible land uses

as of the date of submission of such

maps, a description of projected aircraft

operations, and the way 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 Title I of the

Act, may submit a noise compatibility

program for FAA approval which sets

forth the measures the operator has

taken or proposes for the reduction of

existing noncompatible uses and for the

prevention of the introduction of

additional noncompatible uses.

The MWAA submitted to the FAA on

October 9, 1990, noise exposure maps,

description and other documentation

which were produced during an airport

noise compatibility planning study from

1985 to 1990. The original document

was dated August 1990. It was requested

that the FAA review this material as the

noise exposure maps, as described in

Section 103(a)(1) of the act, and that the

noise mitigation measures, to be

implemented jointly by the airport and

surrounding communities, be approved

as a noise compatibility program under

Section 104(b) of the Act. FAA’s

preliminary review of the Study in

accordance with 14 CFR Part 150.31

required changes to the Study.

On March 30, 1994, MWAA

submitted its revised Part 150 Noise

Compatibility Program (NCP), dated

December 1993, to the FAA. The FAA’s

preliminary review of the revised NCP

raised concerns about the use of the

1989 Noise Exposure Map (NEM) as the

base case NEM and use of the ‘‘1994

Noise Exposure Map: Improved Fleet

Mix and Enhanced Compliance,’’ shown

in the revised document as Figure V–3,

as the ‘‘five-year’’ NEM. FAA and

Authority staff have discussed this

matter and recommend the use of this

1994 NEM as the base case NEM, and

the use of the ‘‘All Stage 3 Operations’’

NEM, shown in Attachment 1 of the

document as Figure 8, for the five-year

forecast NEM. These uses of the 1994

NEM and the ‘‘All Stage 3 Operations’’

NEM are consistent with the guidelines

set forth in 14 CFR Part 150.21 (a) and

(a)(1). MWAA has presented an

Addendum, dated November 22, 1996,
Federal Register / Vol. 62, No. 8 / Monday, January 13, 1997 / Notices 1795

to the revised December 1993, part 150

Noise Compatibility Program for

Washington National Airport. The

Addendum includes reasonable

justification for the use of the above

stated NEM’s as the official Maps.

The FAA has completed its review of

the Addendum and the NEM’s and

related descriptions submitted by the

MWAA. The specific maps as identified

in the Addendum are the ‘‘1994 Noise

Exposure Map: Improved Fleet Mix and

Enhanced Compliance as the base case/

current NEM shown in the revised NCP

as Figure V–3, and the ‘‘All Stage 3

Operations’’ NEM shown in Attachment

1 of the NEM as Figure 8 as the five-year

forecast NEM. The FAA has determined

that these maps for DCA are in

compliance with applicable

requirements. This determination is

effective January 3, 1997. FAA’s

determination on an airport operator’s

NEM 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 NCP 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 NEM submitted under

Section 103 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 107

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 maps depicting

properties on the surface rests

exclusively with the airport operator

which submitted those maps, or with

those public agencies and planning

agencies with which consultation is

required under Section 103 of the Act.

The FAA has relied on the

certification by the airport operator

under Section 150.21 of FAR Part 150,

that the statutorily required consultation

has been accomplished.

The FAA has formally received the

noise compatibility program for DCA,

also effective on January 3, 1997.

Preliminary review of the submitted

material indicates that it conforms to the

requirements for the submittal of noise

compatibility programs, but that further

review will be necessary prior to

approval or disapproval of the program.

The formal review period, limited by

law to a maximum of 180 days, will be

completed on or before July 3, 1997.

The FAA’s detailed evaluation will be

conducted under the provisions of 14

CFR Part 150.33. The primary

considerations in the evaluation process

are whether the proposed measures may

reduce the level of aviation safety,

create an undue burden on interstate or

foreign commerce, or be reasonably

consistent with obtaining the goal of

reducing existing noncompatible land

uses and preventing the introduction of

additional noncompatible land uses.

Interested persons are invited to

comment on the proposed program with

specific reference to these factors. All

comments, other than those properly

addressed to local land-use authorities,

will be considered by the FAA to the

extent practicable. The public comment

period ends March 3, 1997. Copies of

the noise exposure maps, the FAA’s

evaluation of the maps and the

proposed noise compatibility program

are available for examination at the

following locations:

FAA—National Headquarters, 800

Independence Ave., SW, APP–600,

Washington, DC 20591

FAA—Eastern Region, Fitzgerald

Federal Bldg., JFK Int’l Airport,

Airports Division, AEA–600, Jamaica,

NY 11430

Airport Manager’s Office, Rm. 260,

Washington National Airport,

Washington, DC 20001

Neil Phillips, Manager, Noise

Abatement, Metropolitan Washington

Airports Authority, 44 Canal Center

Plaza, Alexandria, VA 22314.

Questions may be directed to the

individual named above under the

heading FOR FURTHER INFORMATION

CONTACT.

Issued in Jamaica, New York on January 3,

1997.

William DeGraaff,

Manager, Airports Division.

[FR Doc. 97–791 Filed 1–10–97; 8:45 am]

BILLING CODE 4910–13–M

Notice of Finding of No Significant

Impact

AGENCY: Federal Aviation

Administration (FAA), Department of

Transportation (DOT).

ACTION: Notice of Finding of No

Significant Impact.

SUMMARY: Notice is hereby given that

the Federal Aviation Administration

(FAA) has made a finding of no

significant impact (FONSI) based on an

Environmental Assessment (EA) for

Special Flight Rules in the vicinity of

the Rocky Mountain National Park

(RMNP).

FOR FURTHER INFORMATION CONTACT:

Mr. William J. Marx, Federal Aviation

Administration, Office of Air Traffic

Airspace Management, Environmental

Programs Division, ATA–300, 800

Independence Avenue, SW,

Washington, DC 20591; Telephone:

(202) 267–3075.

SUPPLEMENTARY INFORMATION:

Proposed Action

On April 22, 1996, President Clinton

issued a Memorandum for Heads of

Executive Departments and Agencies, in

which he announced his Earth Day

initiative, Parks for Tomorrow. Included

in that initiative was the directive to the

Secretary of Transportation, in

consultation with appropriate officials,

to consider a rulemaking to address the

potential adverse impacts on RMNP and

its visitors of overflights by sightseeing

aircraft. The President’s announcement

also directed that the value of the

natural quiet and the natural experience

of the park be factors in any rulemaking

action, along with protection of public

health and safety. The Presidential

Memorandum also required the FAA to

issue a notice of proposed rulemaking

(NPRM) establishing national standards

for air tour operations over national

parks.

The proposed rule for RMNP was to

be issued within 90 days. On May 15,

1996 (61 FR 24382), the FAA published

a NPRM that proposed several methods

of preserving the natural park

experience of RMNP by restricting

aircraft-based sightseeing flights: (1) A

total ban (2) limits on operations, and

(3) voluntary agreements. The NPRM

indicated that the FAA would select a

viable alternative based on comments

received and other pertinent

information, identify a proposed

alternative for final rulemaking, and if

rulemaking was selected, issue an EA

for public comment. The NPRM

indicated that the EA would evaluate

the alternatives identified for detailed

study and assess the current condition

and the preferred alternative.

To enhance opportunities for public

participation, the FAA reopened the

comment period on the NPRM to allow

comment on a Draft EA that addressed