[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Notices]
[Pages 55446-55447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18814]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review for Buffalo Niagara International Airport

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure maps submitted by Niagara 
Frontier Transportation Authority for Buffalo Niagara International 
Airport under provisions of Title I of the Aviation Safety and Noise 
Abatement Act of 1979 (Pub. L. 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 Buffalo Niagara International Airport under part 150 in conjunction 
with the noise exposure maps, and that this program will be approved or 
disapproved on or before March 6, 2006.

DATES: 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 September 7, 2005. The public comment period 
ends November 6, 2005.

FOR FURTHER INFORMATION CONTACT: Maria Stanco, New York Airports 
District Office, 600 Old Country Road, Suite 440, Garden City, New York 
11530. Comments on the proposed noise compatibility programs should 
also be submitted to the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds 
that the noise exposure maps submitted for the Buffalo Niagara 
International Airport are in compliance with applicable requirements of 
part 150, effective September 7, 2005. Further, FAA is reviewing a 
proposed noise compatibility program for that airport which will be 
approved or disapproved on or before March 6, 2006. This notice also 
announces the availability of this program for public review and 
comment.
    Under section 103 of the 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 non-compatible land uses 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.
    As an airport operator who has submitted noise exposure maps that 
are found by the 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 non-compatible uses and for the 
prevention of the introduction of additional non-compatible uses.
    The Niagara Frontier Transportation Authority submitted to the FAA 
in a letter dated, March 7, 2005, noise exposure maps, descriptions and 
other documentation. 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 10(b) of the Act.
    The FAA has completed its review of the noise exposure maps (NEMs) 
and related description submitted by the Niagara Frontier 
Transportation Authority. The specific maps under consideration are the 
2003 Noise Exposure Map (Chapter 4--Sheet 1) and the 2008 Noise 
Exposure Map (Chapter 5--Sheet 1). Additional required information on 
Flight Tracks is found on supplemental graphics (Chapter 4--Sheet 3, 
Chapter 5--Sheet 3). Narrative description of: the methodology used to 
develop the NEMs; noncompatible land uses; numbers of residents within 
the 65 contours; fleet mix and runway use is found in Chapters 3, 4 and 
5. The FAA has determined that these maps and accompanying narrative 
for Buffalo Niagara International Airport are in compliance with the 
applicable requirements. This determination is effective on September 
7, 2005. 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 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 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 rest 
exclusively with the airport operator, which submitted these 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, which 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 
Buffalo Niagara International Airport, effective on September 7, 2005. 
Preliminary review of the submitted material indicated 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 March 6, 2006.

[[Page 55447]]

    The FAA's detailed evaluation will be conducted under the provision 
of 14 CFR part 150, section 150.33. The primary consideration 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 non-compatible land used 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 and the proposed noise compatibility program are 
available for examination at the following locations:

Federal Aviation Administration, New York Airports District Office, 600 
Old Country Road, Suite 440, Garden City, NY 11530.
Niagara Frontier Transportation Authority, 181 Ellicott St., Buffalo, 
NY 14203; and on-line at www.nfta.com/airport.

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

    Issued in Garden City, New York, September 7, 2005.
Otto Suriani,
Acting Manager, New York Airports District.
[FR Doc. 05-18814 Filed 9-20-05; 8:45 am]
BILLING CODE 4910-13-M