Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Notices 49535 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Approval of Noise Compatibility 

Program; Centennial Airport, 

Englewood, CO; FAA 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

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 

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49536 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Notices 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

with certain requirements of its safety 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favor of relief. 

Town of Ipswich, Massachusetts 

[Waiver Petition Docket Number FRA–

2008–0093] 

The Town of Ipswich, Massachusetts 

(Town) seeks a permanent waiver of 

compliance from certain provisions of 

FRA’s regulations on the Use of 

Locomotive Horns at Highway-Rail 

Grade Crossings, 49 CFR Part 222. The 

Town intends to establish a Pre-Rule 

Quiet Zone to formalize existing 

restrictions on routine sounding of the 

locomotive horn that were previously 

continued under the provisions of 49 

CFR 222.41(c)(1). The Town is seeking 

a waiver to extend the filing date for a 

Detailed Plan, as provided in 49 CFR 

222.41(c)(2)(i)(B), which indicates that 

the Detailed Plan must be filed with 

FRA by June 24, 2008. The waiver 

petition requests that the Detailed Plan 

filed by the Town on July 28, 2008 be 

accepted as a valid Detailed Plan even 

though it was filed after June 24, 2008. 

Initially, the Town of Ipswich 

submitted a Detailed Plan dated June 23, 

2008, which was not received by FRA 

until June 30, 2008. The original 

Detailed Plan stated that the Town 

intended to reassess the risk index for 

the Topsfield Road grade crossing after 

March 2009, 5 years after an accident 

that occurred at the Topsfield Road 

location, to determine if additional 

safety improvements at this grade 

crossing would be required. FRA 

rejected this Detailed Plan because it 

was not received by the agency until 

June 30, 2008, and it did not include a 

detailed explanation of, and timetable 

for, the safety improvements that would 

be implemented as required by 49 CFR 

222.41(c)(2)(i)(B). The Town, after 

discussion with representatives of FRA 

and the Massachusetts Bay 

Transportation Authority (MBTA), 

resubmitted the Detailed Plan on July 

28, 2008, outlining the intended 

supplemental safety measures for the 

Topsfield Road grade crossing. 

The Town seeks the waiver in order 

to continue the restrictions on routine 

sounding of locomotive horns at the 

grade crossings identified in its Detailed 

Plan until June 24, 2010. 

The Town of Ipswich, the public 

authority, is filing this waiver request 

without the support of the MBTA, 

which is the railroad providing service 

over the five grade crossings identified 

in the Detailed Plan. However, the 

petition contains an explanation of the 

steps that the Town has taken to reach 

an agreement with the MBTA, in 

accordance with 49 CFR 222.15(b). As 

stated in the petition, the Town has 

made a written request to the MBTA to 

support its waiver request and the 

Detailed Plan. The Town also conducted 

a meeting of its Board of Selectmen on 

August 1, 2008, where an MBTA official 

in attendance stated that it is the policy 

of the MBTA to neither support nor 

oppose requests by municipalities to 

maintain quiet zones or obtain waivers 

from FRA regulations. 

The Town has also asserted in its 

waiver petition that the joint submission 

requirement contained in 49 CFR 

222.15(a) would not be likely to 

contribute significantly to public safety 

in this instance, based on its plans to 

install a four-quadrant gate system with 

enhanced electronic monitoring at the 

Topsfield Road crossing, where an 

accident occurred in March 2004. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2008–

0093) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received within 20 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at: 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

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