[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Notices]
[Pages 27611-27613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13264]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


FAA Approval of Noise Compatibility Program and Determination on 
Revised Noise Exposure Maps

AGENCY: Federal Aviation Administration.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on a new noise compatibility program for Charlotte/Douglas 
International Airport submitted by the City of Charlotte, North 
Carolina, under the provisions of Title I of the Aviation Safety and 
Noise Abatement act of 1979

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(Pub. L. 96-193) (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 September 30, 1997, the FAA determined that the noise 
exposure maps, submitted by the City of Charlotte under 14 CFR Part 150 
were in compliance with applicable requirements. On March 30, 1998, the 
Administrator approved the new noise compatibility program for 
Charlotte/Douglas International Airport. This new study revised and 
updated the existing noise compatibility program that was approved by 
the FAA on May 18, 1990. The City of Charlotte has also requested under 
Part 150, Section 150.35(f), that FAA determine that revised noise 
exposure maps submitted with the noise compatibility program and 
showing noise contours as a result of the implementation of the noise 
compatibility program are in compliance with applicable requirements of 
FAR Part 150. The FAA announces its determination that the revised 
noise exposure maps for Charlotte/Douglas International Airport for the 
years submitted with the noise compatibility program are in compliance 
with applicable requirements of FAR Part 150 effective April 28, 1998.

EFFECTIVE DATE: The effective date of the FAA's approval of the new 
noise compatibility program for Charlotte/Douglas International Airport 
is March 30, 1998. The effective date of the FAA's determination on the 
revised noise exposure maps is April 28, 1998.

FOR FURTHER INFORMATION CONTACT:
Thomas M. Roberts; Atlanta Airports District Office; Federal Aviation 
Administration; Campus Building; 1701 Columbia Avenue, Suite 2-260; 
College Park, Georgia 30337-2747, Telephone 404/305-7153. 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 a new noise compatibility program for 
Charlotte/Douglas International Airport, effective March 30, 1998. This 
new study revises and updates an existing noise compatibility program 
approved by the FAA on May 18, 1990. Under Section 104(a) 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 noncompatible land uses and prevention of additional 
noncompatible 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, not a 
federal, program. The FAA does not substitute its judgement for that of 
the airport proprietor with respect to which measures should be 
recommended for action. The FAA's approval or disapproval of the Part 
150 program recommendations is measured according to the standards 
expressed in Part 150 and the Act and is limited to the following 
determinations:
    1. The noise compatibility program was developed in accordance with 
the provisions and procedures of FAR Part 150.
    2. 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;
    3. Program measures would not create an undue burden on interstate 
or foreign commerce, unjustly discriminate against types or classes of 
aeronautical users, violate the terms of airport grant agreements, or 
intrude into areas preempted by the Federal Government; and
    4. 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 
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 the 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 
environment 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 Atlanta Airports District Office in Atlanta, 
Georgia.
    The City of Charlotte, North Carolina, submitted to the FAA on 
August 26, 1997, the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility study. The 
Charlotte/Douglas International Airport noise exposure maps were 
determined by FAA to be in compliance with applicable requirements on 
September 30, 1997. Notice of this determination was published in the 
Federal Register on October 17, 1997.
    The Charlotte/Douglas International Airport study contains a 
proposed noise compatibility program consisting in part of measures 
that were implemented under the approved 1990 noise compatibility 
program, as amended. These measures are recommended for continuation. 
New measures are recommended which may be initiated before or 
immediately upon approval of the program by the FAA. Additional 
measures are recommended to further abate noise or mitigate its effect 
on persons and noise-sensitive land uses. These measures are divided 
into Phase I and Phase II implementation programs. Phase I assumes no 
further runway development. Phase II assumes the construction of the 
proposed third parallel runway and the extension of runway 18R/36L. The 
proposed third parallel runway and the extension to runway 18R/36L are 
included in the Part 150 analysis because FAA guidelines require the 
inclusion of all development projects anticipated to occur within the 
next 5 years. The noise compatibility program measures are divided into 
noise abatement (air traffic), land use (preventive) and noise 
mitigation (corrective) actions. It was requested that the FAA evaluate 
and approve this material as a noise computability program as described 
in Section 104(b) of the Act. The FAA begin its review of the program 
on September 30, 1997, and was required by a provision of the Act to 
approve or disapprove such 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 days shall be deemed to be an 
approval of such program.
    Phase I of the submitted program contained seven noise abatement 
measures, which consist of two continuations, two deletions, and three 
additions to the approved 1990 noise compatibility program; nine land 
use measures, which consist of three

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continuations, three deletions, and three additions to the approved 
1990 noise compatibility program; and seven noise mitigation measures, 
which consist of four continuations, one completion, and two additions 
to the 1990 noise compatibility program. Phase II of the submitted 
program contained two new noise abatement measures and two new noise 
mitigation measures. The FAA completed its review and determined that 
the procedural and substantive requirements of the Act and Part 150 
have been satisfied. The overall program, therefore, was approved by 
the Administrator, effective March 30, 1998.
    Of the overall 21 specific measures requiring federal action, 19 
were approved without exception. Two land use measures were partially 
approved subject to the recommendation related to the introduction of 
noncompatible residential development is not meeting Part 150 criteria. 
The approved measures included such items as: the continuation of 
periodic noise monitoring, provision for monthly reports on late night 
(11 p.m. to 7 a.m.) runway utilization, variance from noise 
compatibility program assumptions to the Tower and frequent nighttime 
users; designation of runways 18R and 18L as the preferred for takeoffs 
by turbojet and large four-engine prop aircraft between 11 p.m. and 7 
a.m. when runway 23 or runway 5 cannot be used for reasons of wind, 
weather, operational necessity, or required runway length; designation 
of locations and procedures for engine runups; modification to current 
operating procedures for turbojet and large four-engine prop aircraft 
departing runways 36R and 36L to initiate turns at 2.5 and 2.6 DME 
north of the CLT VOR/DME respectively; continuation of the 1990 noise 
compatibility program land use planning which recommends amending local 
land use planning policies to reduce the development of noncompatible 
land uses within the airport environs; continuation of the 1990 noise 
compatibility program land use measure to rezone undeveloped property 
to airport compatible land use and limit the density of residential 
development permitted within noise contours; dedication of avigation 
easement as a condition of approval for the development of property 
located in the airport environs; pursuit of the establishment of an 
airport overlay district that corresponds to the airport environs; 
pursuit of an amendment of the state building code to authorize the 
City of Charlotte and Mecklenburg County to raise the minimum building 
standards (noise level reduction) for new residential construction in 
the airport overlay district; development of the full disclosure of 
property location within the airport environs for potential buyers; 
continuation of the public information program that is a part of the 
approval 1990 noise compatibility program; continuation of the sound 
insulation program for sensitive public buildings used for instruction 
(schools) and assembly (churches) within the 65 DNL contour; 
continuation of the sound insulation program of residential property 
within the 65 DNL contour; within the 70-75 DNL noise contour, offers 
of purchase assurance, sound insulation of residences, purchase of 
aviation easements or acquisition of noncompatibility property; 
acquisition of mobile homes located within the 70 DNL noise contour; 
exercise of the option to purchase avigation easement, sound insulate 
or acquire homes within the 65 DNL noise contours where sound 
insulation is infeasible or not cost effective; establishment of 
departure turn for third parallel runway 17; establishment of departure 
turn for the third parallel runway 35; insulation of eligible dwellings 
within the 2001 noise compatibility program/noise exposure map 65 DNL 
noise contour, and acquisition of mobile homes within the 65 DNL noise 
contour of the 2001 noise compatibility program/noise exposure map. 
These determinations are set forth in detail in the Record of Approval 
endorsed by the Administrator on March 30, 1998.00000
    The FAA also has completed its review of the revised noise exposure 
maps and related descriptions submitted by the City of Charlotte. The 
specific maps under consideration are dated February 27, 1998, in the 
submission. The FAA has determined that these maps for the Charlotte/
Douglas International Airport are in compliance with applicable 
requirements. This determination is effective April 28, 1998. FAA's 
determination on an airport operator's noise exposure maps 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 data, information or plans.
    If questions arise concerning the precise relationship of specific 
properties to noise exposure contours depicted on a noise exposure map 
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 map 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.
    Copies of the noise exposure maps and of the FAA's evaluation of 
the maps, and copies of the record of approval and other evaluation 
materials and documents which comprised the submittal to the FAA are 
available for examination at the following locations:

Federal Aviation Administration, Atlanta Airports District Office, 
Campus Building, 1701 Columbia Avenue, Suite 2-260, College Park, 
Georgia 30337-2747.
Mr. T.J. Orr, Aviation Director, Charlotte/Douglas International 
Airport, Charlotte, North Carolina.

    Questions on either of these FAA determinations may be directed to 
the individual named above under the heading FOR FURTHER INFORMATION 
CONTACT.

    Issued in Atlanta, Georgia on April 28, 1998.
Dell T. Jernigan,
Manager, Atlanta Airports District Office, ATL-ADO.
[FR Doc. 98-13264 Filed 5-18-98; 8:45 am]
BILLING CODE 4910-13-M