12278 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Notices

Noise Exposure Map Notice; Receipt of

Noise Compatibility Program and

Request for Review; Fort Worth Spinks

Airport; Fort Worth, TX

AGENCY: Federal Aviation

Administration.

ACTION: Notice.

SUMMARY: The Federal Aviation

Administration (FAA) announces its

determination that the noise exposure

maps submitted by the City of Fort

Worth, Texas for Fort Worth Spinks

Airport under the provisions of Title I

of the Aviation Safety and Noise

Abatement Act of 1979 (Public Law 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 Fort Worth Spinks Airport

under Part 150 in conjunction with the

noise exposure map, and that this

program will be approved or

disapproved on or before August 12,

1995.

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 February 13,

1995. The public comment period ends

April 14, 1995.

FOR FURTHER INFORMATION CONTACT:

Mike Nicely, DOT/FAA, Texas Airport

Development Office, 2601 Meacham

Boulevard, Fort Worth, TX 76193–0653.

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 Fort Worth Spinks Airport are in

compliance with applicable

requirements of Part 150, effective

February 13, 1995. Further, FAA is

reviewing a proposed noise

compatibility program for that airport

which will be approved or disapproved

on or before August 12, 1995. This

notice also announces the availability of

this program for public review and

comment.

Under section 103 of 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 noncompatible 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 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 noncompatible uses and for the

prevention of the introduction of

additional noncompatible uses.

The City of Fort Worth submitted to

the FAA on February 3, 1995 noise

exposure maps, descriptions and other

documentation which were produced

from November 1991 to January 1995

during the development of the Fort

Worth Spinks Airport FAR Part 150

Airport Noise Compatibility Plan. 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 104(b) of the Act.

The FAA has completed its review of

the noise exposure maps and related

descriptions submitted by the City of

Fort Worth. The specific maps under

consideration are Exhibits 10.1 and 10.2

in the submission. The FAA has

determined that these maps for Fort

Worth Spinks Airport are in compliance

with applicable requirements. This

determination is effective on February

13, 1995. 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 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 § 150.21 of FAR Part 150, that the

statutory required consultation has been

accomplished.

The FAA has formally received the

noise compatibility program for Fort

Worth Spinks Airport, also effective on

February 13, 1994. 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 August 12, 1995.

The FAA’s detailed evaluation will be

conducted under the provisions of 14

CFR Part 150, § 150.33. The primary

considerations 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 noncompatible land

uses and preventing the introduction of

additional noncompatible 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, Texas

Airport Development Office, 2601

Meacham Boulevard, Suite 697, Fort

Worth, TX 76193–0653

Mr. A.M. Rivera, Director of Airport

Systems, City of Fort Worth, 4201

North Main Street, Fort Worth, TX

76106–2736.

Question may be directed to the

individual named above under the

heading, FOR FURTHER INFORMATION

CONTACT.
Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Notices 12279

Issued in Fort Worth, Texas on February

13, 1995.

Otis T. Welch,

Manager, Texas Airport Development Office.

[FR Doc. 95–5421 Filed 3–3–95; 8:45 am]

BILLING CODE 4910–13–M

FAA Approval of Noise Compatibility

Program; Fort Worth Meacham Airport;

Fort Worth, TX

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice.

SUMMARY: The Federal Aviation

Administration (FAA) announces its

findings on the noise compatibility

program submitted by the city of Fort

Worth under the provisions of Title I of

the Aviation Safety and Noise

Abatement Act of 1979 (Public Law 96–

193) 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 August 11, 1994, the

FAA determined that the noise exposure

maps submitted by the city of Fort

Worth under Part 150 were in

compliance with applicable

requirements. On February 7, 1995, the

Administrator approved the Fort Worth

Meacham Airport noise compatibility

program. Most of the recommendations

of the program were approved. No

program elements relating to new or

revised flight procedures for noise

abatement were proposed by the city of

Fort Worth.

EFFECTIVE DATE: The effective date of the

FAA’s approval of the Fort Worth

Meacham 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

Meacham 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, 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 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 Meacham

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 Meacham 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

twelve 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

nearly all of the specific program

elements.

The following program element was

partially approved:

a. Aircraft maintenance runup

procedures.

Development of a run-up pad and

encouraging its use are approved.

Designation of engine run-up locations

is within the discretion of the airport

operator and may be added to the

airport rules and regulations and

instituted at any time provided that they

do not limit Stage 2 or Stage 3

operations so as to qualify as an airport

noise and access restriction or create an