[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Notices]
[Pages 12276-12277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5422]



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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration


FAA Approval of Noise Compatibility Program; Fort Worth Alliance 
Airport; Fort Worth, TX

AGENCY: Federal Aviation Administration.

ACTION: Notice.

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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 Alliance Airport noise compatibility program. 
All of the recommendations of the program elements relating to new or 
revised flight procedures for noise [[Page 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 non-compatible 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, Sec. 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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