

[Federal Register: January 22, 2008 (Volume 73, Number 14)]
[Notices]               
[Page 3794-3795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja08-117]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORATION

Federal Aviation Administration

 
FAA Approval of Noise Compatibility Program 14 CFR Part 150 
Ronald Reagan Washington National Airport Arlington, VA

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by Metropolitan 
Washington Airport Authority (MWAA) under the provisions of 49 U.S.C. 
(the Aviation Safety and Noise Abatement Act, hereinafter referred to 
as ``the Act'') 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 6, 2007, 
the FAA determined that the noise exposure maps submitted by MWAA under 
Part 150 were in compliance with applicable requirements. On January 
10, 2008, the FAA approved the Ronald Reagan Washington National 
Airport noise compatibility program. Some of the recommendations of the 
program were approved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Ronald Reagan Washington National Airport noise compatibility program 
is January 10, 2008.

FOR FURTHER INFORMATION CONTACT: Jennifer Mendelsohn, Eastern Region, 
Washington Airports District Office, Federal Aviation Administration, 
23723 Air Freight Lane, Suite 210, Dulles, Virginia 20166, Telephone: 
703-661-1362. 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 Ronald 
Reagan Washington National Airport, effective January 10, 2008.
    Under section 47504 of 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, 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

[[Page 3795]]

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 FAA Airports District Office in Dulles, Virginia.
    MWAA submitted to the FAA on August 2, 2007, the noise exposure 
maps, descriptions, and other documentation produced during the noise 
compatibility planning study conducted from July 2002 through August 
2007. The Ronald Regan Washington National Airport noise exposure maps 
were determined by FAA to be in compliance with applicable requirements 
on August 6, 2007. Notice of this determination was published in the 
Federal Register on August 13, 2007 (72 FR 45294).
    The Ronald Regan Washington National Airport study contains a 
proposed noise compatibility program comprised of actions designed for 
phased implementation by airport management and adjacent jurisdictions 
from August 2007 to (or beyond) the year 2009. It was requested that 
the FAA evaluate and approve this material as a noise compatibility 
program as described in section 47504 of the Act. The FAA began its 
review of the program on August 6, 2007 and was required by a provision 
of the Act to approve or disapprove the program within 180 days. 
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 fourteen (14) 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 FAA effective January 10, 2008.
    Outright approval was granted for four Noise Abatement Measures and 
all six Noise Mitigation Measures. Four Noise Abatement Measures were 
disapproved for purposes of part 150. The approved measures included 
such items as: Revising the language in the Airport Facility Directory 
to reflect the current novice abatement procedures at the Airport; 
Requesting a voluntary phase-out of hushkitted Stage 3 aircraft; 
Establishing a system to report airline compliance with noise abatement 
measures; Enhance the noise complaint system; Amend comprehensive plans 
and zoning maps to promote compatible land uses; Encourage Airport 
noise overlay zoning; Amend building codes to require soundproofing; 
Disclose noise levels prior to contract for sale or lease; Expand 
Airport Noise Information Program and Encourage local jurisdictions to 
adopt discretionary project review guidelines for Subdivision, 
Rezoning, Special Use, Conditional Use and Variance Applications. Four 
Noise Abatement Measures were disapproved for purposes of part 150. The 
Noise Exposure Maps and Noise Compatibility Study show no present or 
forecasted incompatible land uses within the DNL 65 dB and the Noise 
Compatibility Study does not state that the airport sponsor has 
selected land use guidelines different from those in Table 1 of part 
150. Disapproval for purposes of part 150 does not prohibit the airport 
sponsor from implementing those measures. The disapproved measures 
included such items as: Form a working group to develop advanced 
navigation procedures for arrivals and departures on all runways; 
Encourage air traffic control controllers to direct flights arriving on 
Runway 01 or departing on Runway 19 during nighttime hours (10 p.m. to 
7 a.m.) when traffic permits, to distribute the locations at which 
aircraft turn onto, or off of, the route along the center of the 
Potomac River over the areas between 5 and 10 miles south of the 
Airport; Encourage air traffic control controllers to direct flights 
arriving on Runway 01 or departing on Runway 19 during daytime hours (7 
a.m. to 10 p.m.) when traffic permits, to distribute the locations at 
which aircraft turn into, or off of, the route along the center of the 
Potomac River over the areas between 5 and 10 miles south of the 
Airport and Update the Airport's Noise Monitoring and Flight Tracking 
System.
    These determinations are set forth in detail in the Record of 
Approval signed by the Division Manager on January 10, 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 
listed above and at the administrative offices of the MWAA. The Record 
of Approval also will be available on-line at: http://www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/
.


    Issued in Dulles, Virginia, on January 11, 2008.
Terry J. Page,
Manager, Washington Airports District Office.
[FR Doc. 08-209 Filed 1-18-08; 8:45 am]

BILLING CODE 4910-13-M
