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###### Department of Transportation

###### Federal Aviation Administration, DOT

# ACTION:

Notice.

# SUMMARY:

                        The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by the City of Los Angeles for Van Nuys Airport under the provisions of 49 U.S.C. 47501*et seq.*                         (Aviation Safety and Noise Abatement Act) 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 Van Nuys Airport under Part 150 in conjunction with the noise exposure map, and that this program will be approved or disapproved on or before October 16, 2009.                    

# DATES:

*Effective Date:*                         The effective date of the FAA's determination on the noise exposure maps and of the start of its review of the associated noise compatibility program is April 20, 2009. The public comment period ends June 18, 2009.                    

# FOR FURTHER INFORMATION CONTACT:

Victor Globa, Environmental Protection Specialist, Federal Aviation Administration, Los Angeles Airports District Office, Mailing Address: P.O. Box 92007, Los Angeles, CA 90009-2007. Street Address: 15000 Aviation Boulevard, Hawthorne, California 90261. Telephone 310/725-3637. Documents reflecting this FAA action may be reviewed at the same location. 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 Van Nuys Airport are in compliance with applicable requirements of Part 150, effective April 20, 2009. Further, FAA is reviewing a proposed noise compatibility program for that airport which will be approved or disapproved on or before October 16, 2009. This notice also announces the availability of this program for public review and comment.

Under 49 U.S.C., section 47503 (the Aviation Safety and Noise Abatement Act, hereinafter referred to as “the Act”), an airport operator may submit to the FAA noise exposure maps which meet applicable regulations and which depict non-compatible land uses as of the date of submission of such maps, a description of projected aircraft operations, and the ways 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 the Act, may submit a noise compatibility program for FAA approval which sets forth the measures the operator has taken or proposes to take to reduce existing non-compatible uses and prevent the introduction of additional non-compatible uses.

The City of Los Angeles submitted to the FAA on December 5, 2008, noise exposure maps, descriptions and other documentation that were produced during the Van Nuys Airport Part 150 Study December 1, 1988 to December 5, 2008. It was requested that the FAA review this material as the noise exposure maps, as described in section 47503 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 47504 of the Act.

The FAA has completed its review of the noise exposure maps and related descriptions submitted by the City of Los Angeles. The specific documentation determined to constitute the noise exposure maps includes: Exhibit #1 “Official Noise Exposure Map Existing Conditions—2001” and Exhibit #3 “Official Noise Exposure Map Future Conditions—2006 With Mitigation Measures.” The Noise Exposure Maps contain current and forecast information including the depiction of the airport and its boundaries, the runway configurations, land uses such as residential, commercial, industrial, community facilities, libraries, schools, churches, open space, hospitals, landmarks, and those areas within the Community Noise Equivalent Level (CNEL) 65, 70 and 75 noise contours. Estimates for the number of people within these contours for the year 2001 are shown in Exhibit 1. Estimates of the future residential population within the 2006 noise contours are shown in Exhibit 3. Flight tracks for the existing and the five-year forecast Noise Exposure Maps are found in Exhibits 4, 5, 6, 7, 8, 9 and 10. The type and frequency of aircraft operations (including nighttime operations) are found in Table 4. The FAA has determined that these maps for Van Nuys Airport are in compliance with applicable requirements. This determination is effective on April 20, 2009. 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 applicant's data, information or plans, or constitute a commitment to approve a noise compatibility program 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 noise exposure map submitted under section 47503 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 47506 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 that submitted those maps, or with those public agencies and planning agencies with which consultation is required under section 47503 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 Van Nuys Airport, also effective on April 20, 2009. 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 October 16, 2009.

                    The FAA's detailed evaluation will be conducted under the provisions of 14 CFR Part 150, section 150.33. The primary considerations in the evaluation process are whether the                           ( print page 20098)                        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 non-compatible land uses and preventing the introduction of additional non-compatible 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. 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:

Federal Aviation Administration, National Headquarters, Planning and Environmental Division, APP-400, 800 Independence Avenue, SW., Washington, DC 20591.

Federal Aviation Administration, Western-Pacific Region Office, Airports Division, Room 3012, 15000 Aviation Boulevard, Hawthorne, California 90261.

Federal Aviation Administration, LAX Airports District Office, 15000 Aviation Boulevard, Room 3000, Hawthorne, California 90261.

Roger Johnson, Deputy Executive Director, Los Angeles World Airports, 1 World Way, Los Angeles, CA 90045-5803.

                    Questions may be directed to the individual named above under the heading,                     **FOR FURTHER INFORMATION CONTACT**                    .                

Issued in Hawthorne, California, on April 20, 2009. 

Mia Paredes Ratcliff,

Acting Manager, Airports Division, Western-Pacific Region, AWP-600.

[FR Doc. E9-9973 Filed 4-29-09; 8:45 am]

BILLING CODE 4910-13-P