Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Notices 12277

abatement were proposed by the city of

Fort Worth.

EFFECTIVE DATE: The effective date of the

FAA’s approval of the Fort Worth

Alliance Airport noise compatibility

program is February 7, 1995.

FOR FURTHER INFORMATION CONTACT:

Mike Nicely, DOT/FAA, Texas Airport

Development Office, 2601 Meacham

Boulevard, Fort Worth, Texas 76193–

0653, (817) 222–5606. 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 Worth

Alliance Airport, effective February 7,

1995.

Under section 104(a) of the Aviation

Safety and Noise Abatement Act of 1979

(hereinafter referred to as ‘‘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

non-compatible land uses and

prevention of additional non-compatible

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 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 the Act 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 non-compatible 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 or 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, § 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 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 must be

submitted to the Federal Aviation

Administration, Texas Airport

Development Office, 2601 Meacham

Boulevard, Fort Worth, Texas 76193–

0650.

The city of Fort Worth submitted to

the FAA on August 4, 1994, the noise

exposure maps, descriptions, and other

documentation produced during the

noise compatibility planning study

conducted from November 1991 through

July 1994. The Fort Worth Alliance

Airport noise exposure maps were

determined by the FAA to be in

compliance with applicable

requirements on August 11, 1994.

Notice of this determination was

published in the Federal Register on

August 18, 1994.

The Fort Worth Alliance Airport

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 beyond the year

1998. It was requested that the FAA

evaluate and approve this material as a

noise compatibility program as

described in section 104(b) of the Act.

The FAA began its review of the

program on August 11, 1994, 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

eleven proposed actions for noise

mitigation on and off the airport. The

FAA completed its review and

determined that the procedural and

substantive requirements of the Act and

FAR Part 150 have been satisfied. The

overall program, therefore, was

approved by the Administrator effective

February 7, 1995.

Outright approval was granted for all

of the specific program elements. The

following is a listing of the approved

actions on and off the airport:

a. Maintain the existing flight track

configuration and utilization;

b. Request pilots of airline aircraft to

adhere to FAA noise abatement

departure procedures;

c. Establish noise overlay zoning

district for the airport vicinity as an

amendment to the existing airport

development zone ordinance;

d. Revise land use plan for noise

compatibility;

e. Purchase noise sensitive sites—fee

simple;

f. Where fee simple acquisition cannot

be achieved, obtain avigation easement

and where feasible, soundproofing

existing eligible structures within the

65DNL;

g. Enact noise disclosure regulations

to inform prospective buyers of

potential noise exposure;

h. Assign a noise abatement officer for

noise program management for all three

city of Fort Worth airports;

i. Continue public involvement

program;

j. Implement a periodic noise

monitoring program; and

k. Conduct noise review and update

as required.

These determinations are set forth in

detail in a Record of Approval endorsed

by the Administrator on February 7,

1995. The Record of Approval, as well

as other evaluation materials and the

documents comprising the submittal,

are available for review at the FAA

office listed above and at the Fort Worth

Department of Aviation Offices.

Issued in Fort Worth, Texas on February

20, 1995.

Otis T. Welch,

Manager, Texas Airport Development Office.

[FR Doc. 95–5422 Filed 3–3–95; 8:45 am]

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