
[Federal Register: March 14, 2008 (Volume 73, Number 51)]
[Notices]               
[Page 13945-13946]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr08-116]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
FAA Approval Of Noise Compatibility Program 14 CFR Part 150; 
Baltimore/Washington International Thurgood Marshall Airport; 
Baltimore, MD

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 Maryland 
Aviation Administration (MAA) 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 April 3, 2006, 
the FAA determined that the noise exposure maps submitted by MAA under 
Part 150

[[Page 13946]]

were in compliance with applicable requirements. On February 26, 2008, 
the FAA approved the Baltimore/Washington International Thurgood 
Marshall Airport noise compatibility program update. All of the 
recommendations of the program were approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the 
Baltimore/Washington International Thurgood Marshall Airport noise 
compatibility program update is February 26, 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 Baltimore/
Washington International Thurgood Marshall Airport, effective February 
26, 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 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.
    MAA submitted to the FAA on October 1, 2007, the noise exposure 
maps, descriptions, and other documentation produced during the noise 
compatibility planning study conducted from January 2003 through 
December 2003. The Baltimore/Washington International Thurgood Marshall 
Airport noise exposure maps were determined by FAA to be in compliance 
with applicable requirements on April 3, 2006. Notice of this 
determination was published in the Federal Register on April 17, 2006 
(71 FR 19782).
    The Baltimore/Washington International Thurgood Marshall Airport 
study contains a proposed noise compatibility program comprised of 
actions designed for phased implementation by airport management and 
adjacent jurisdictions from February 2008 to (or beyond) the year 2010. 
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 October 18, 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 four (4) 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 February 26, 2008.
    Outright approval was granted for four Noise Abatement Measures. 
The approved measures included such items as: Update the noise rule for 
Runway 15L/33R; Voluntary residential property acquisition; Homeowners 
assistance program and Noise Monitoring System.
    These determinations are set forth-in detail in the Record of 
Approval signed by the Division Manager on February 26, 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 MAA. 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 February 26, 2008.
Terry J. Page,
Manager, Washington Airports District Office.
[FR Doc. E8-4938 Filed 3-13-08; 8:45 am]

BILLING CODE 4910-13-M
