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###### Department of Transportation

###### Federal Aviation Administration 

# AGENCY:

Federal Aviation Administration, DOT. 

# ACTION:

Notice.

# SUMMARY:

                        The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by the State of Hawaii for Kona International Airport at Keahole 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.                     

# DATES:

*Effective Date:*                         The effective date of the FAA's determination on the noise exposure maps is January 12, 2010.                     

# FOR FURTHER INFORMATION CONTACT:

                        Peter Ciesla, Federal Aviation Administration, Western Pacific Region, Airports Division, P.O. Box 92007, Los Angeles, California 90009-2007,                         *Telephone:*                         (310) 725-3612.                     

# SUPPLEMENTARY INFORMATION:

                    This notice announces that the FAA finds that the noise exposure maps submitted for Kona International Airport at Keahole are in compliance with applicable requirements of Part 150,                           ( print page 3960)                        effective January 12, 2010. Under 49 U.S.C. section 47503 of 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 FAA has completed its review of the noise exposure maps and accompanying documentation submitted by the State of Hawaii. The documentation that constitutes the “noise exposure maps” as defined in section 150.7 of Part 150 includes: Exhibit 1, Existing Conditions (2008) Noise Exposure Map and Exhibit, Future Condition (2013) Noise Exposure Map. 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, noise sensitive institutions, a school, non noise-sensitive land uses, and growth risk areas, and also those areas within the noise contours. Estimates for the number of people within these contours, for the year 2008 is shown in Table 4C. Estimates of the future number of people within the 2013 noise contours is shown in Table 4F. Flight tracks for the existing and the five-year forecast Noise Exposure Maps are found in Exhibits 3E, 3F, 3G, and 3H. The type and frequency of aircraft operations (including nighttime operations) are found in Tables 3A and 3B for the existing conditions (2008) and the future conditions (2013). The FAA has determined that these noise exposure maps and accompanying documentation are in compliance with applicable requirements. This determination is effective on January 12, 2010. 

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 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. 

Copies of the full noise exposure map documentation and of the FAA's evaluation of the maps are available for examination at the following locations: 

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

Federal Aviation Administration, Honolulu Airports District Office, 300 Ala Moana Boulevard, 7-128, Honolulu, Hawaii 96850; 

State of Hawaii, Department of Transportation, Airports Division, 400 Rodgers Boulevard, Suite 700, Honolulu, Hawaii 96819-1880; 

Kona International Airport at Keahole, 73-200 Kupipi Street, Kailua-Kona, Hawaii 96740-2645. 

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

Issued in Hawthorne, California on January 12, 2010. 

Mia Paredes Ratcliff, 

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

[FR Doc. 2010-1326 Filed 1-22-10; 8:45 am] 

BILLING CODE 4910-13-P