[Federal Register Volume 73, Number 163 (Thursday, August 21, 2008)]
[Notices]
[Pages 49535-49536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19278]



[[Page 49535]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Centennial Airport, 
Englewood, CO; FAA

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by the Arapahoe 
County Public Airport Authority for the Centennial Airport under the 
provisions of Title I of the Aviation Safety and Noise Abatement Act of 
1979 (Pub. L. 96-193) and 14 CFR Part 150, Airport Noise Compatibility 
Planning. These findings are made in recognition of the description of 
federal and non-federal responsibilities in Senate Report No. 96-52 
(1980). On August 12, 2008, the Airports Division Manager approved the 
Centennial Airport noise compatibility program. Of the twelve proposed 
program elements, FAA approved eight and reserved approval of another 
two measures pending further study. The remaining two measures were 
disapproved.

DATES: The effective date of the FANs approval of the Centennial 
Airport noise compatibility program is August 12, 2008.

FOR FURTHER INFORMATION CONTACT: Linda Bruce, Federal Aviation 
Administration, Denver Airports District Office, 26805 E. 68th Avenue, 
Suite 224, Denver, Colorado 80249-6361, Telephone (303) 342-1264. 
Documents reflecting this FAA action may be obtained from Ms. Bruce or 
on the Internet at http://www.faa.gov/airports_airtraffic/airports/regional guidance/northwest-- mountain/environmental/.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the Centennial Airport noise compatibility 
program, effective August 12, 2008. Under Section 104(a) of the 
Aviation Safety and Noise Abatement Act of 1979 (hereinafter 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 14 CFR Part 150 is a local program, not a federal program. The FAA 
does not substitute its judgment for that of the airport sponsor with 
respect to which measures should be recommended for action. The FAA's 
approval or disapproval of 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 as 
prescribed by law.
    Specific limitations with respect to FAA's approval of an airport 
noise compatibility program are delineated in 14 CFR 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 a 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 under the Airport and Airway Improvement Act of 
1982. Where Federal funding is sought, the airport sponsor must submit 
requests for project grants to the FAA Denver Airports District Office 
in Denver, Colorado.
    The Centennial Airport study contains a proposed noise 
compatibility program comprised of actions designed for implementation 
by airport management and adjacent jurisdictions from the date of study 
completion to beyond the year 2012. The Arapahoe County Public Airport 
Authority, Englewood, CO, requested that the FAA evaluate and approve 
this material as a noise compatibility program for the Centennial 
Airport, as described in Section 104(b) of the Act. The FAA began its 
review of the program on February 22, 2008, 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 a program within the 180-day 
period shall be deemed to be an approval of such a program.
    The submitted program contained 12 proposed actions to address 
noise on and off the airport. The FAA completed its review and 
determined that the overall program complied with procedural and 
substantive requirements of the Act and Part 150. The overall program, 
therefore, was approved by FAA effective August 12, 2008. Outright 
approval was granted for eight of the specific program elements. One of 
these elements proposes the ban of Stage I aircraft from operating at 
Centennial Airport. Since there is no Federal preemption to banning 
such aircraft, FAA approved this element. Two other elements proposed 
involve voluntary measures that the airport sponsor can encourage 
pilots to use to help minimize aircraft noise.
    The only land use planning element proposed by the airport sponsor 
was approved by FAA. This element involves the airport authority 
working with the local municipalities to amend zoning requirements, 
comprehensive plans and development regulations to minimize new, non-
compatible land uses near the airport and to minimize the impact on 
airspace surrounding the airport, including 14 CFR Part 77 imaginary 
surfaces.
    The remaining approved elements involve program management and are 
intended to assist in the development and operations of a noise 
abatement office and noise monitoring efforts. These measures include 
the installation of permanent noise monitoring system to monitor noise 
levels and compliance with noise abatement measures and the use of a 
public advisory committee to

[[Page 49536]]

monitor programs implemented as a result on the adoption of the NCP, 
including the Fly Quiet Program guidelines and the Noise Monitoring 
Program.
    The airport sponsor proposed three changes to flight procedures. 
One of these measures, a change to nighttime flight procedures for jets 
departing to the north, will require further safety and environmental 
analysis. The other two programs elements FAA disapproved as they 
involve proposed changes to flight paths that FAA Air Traffic Control 
determined would create numerous adverse impacts to safety and 
efficiency of air traffic control operations. These program elements 
propose testing 24-hour flight tracks between 350 and 010 degree 
headings and implementing a 170 degree departure heading to 4 DME or 
8,000 MSL (+/-20 degrees).
    FAA disapproved the remaining program element, the proposed ban of 
Stage 2 aircraft under 75,000 lbs. from operating at Centennial Airport 
at nighttime, pending further study. Per the requirements of 14 CFR 
Part 16, this measure requires further study to determine the impact on 
the national airspace system and air commerce.
    FAA's determinations are set forth in detail in a Record of 
Approval endorsed by the Airports Division Manager on August 12, 2008. 
The Record of Approval, as well as other evaluation materials and the 
documents comprising the submittal, are available for review at the FAA 
office and Internet site listed above and at the administrative offices 
of the Arapahoe County Public Airport Authority, Englewood, CO.

    Issued in Renton, Washington on August 12, 2008.
Donna Taylor,
Manager, Airports Division, FAA Northwest Mountain Region.
[FR Doc. E8-19278 Filed 8-20-08; 8:45 am]
BILLING CODE 4910-13-M