
[Federal Register: August 8, 2008 (Volume 73, Number 154)]
[Notices]               
[Page 46346-46347]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au08-109]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Approval of Noise Compatibility Program for Fresno-Yosemite 
International Airport, Fresno, CA

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 City of 
Fresno, California 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 July 6, 2005 (70 FR 50437-50438), the FAA 
determined that the noise exposure maps submitted by the city of Fresno 
under Part 150 were in compliance with applicable requirements. On July 
28, 2008, the FAA approved the Fresno-Yosemite International Airport 
noise compatibility program. All of the recommendations of the program 
were approved. No program elements relating to new or revised flight 
procedures for noise abatement were proposed by the airport operator.

DATES: Effective Date: The effective date of the FAA's approval of the 
Fresno Yosemite International Airport noise compatibility program is 
July 28, 2008.

FOR FURTHER INFORMATION CONTACT: David B. Kessler, AICP, Regional 
Environmental Protection Specialist, Federal Aviation Administration, 
Western Pacific Region, Mailing address: P.O. Box 92007, Los Angeles, 
CA 90009-2007. Street Address: 15000 Aviation Boulevard, Hawthorne, 
California 90261. Telephone 310/725-3615. 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 Fresno-
Yosemite International Airport, effective July 28, 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 FM 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 14 CFR 
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 under the Airport and Airway Improvement Act of 1982, as amended. 
Where federal funding is sought, requests for project grants must be 
submitted to the FAA Airports District Office in Burlingame, 
California.
    The City of Fresno submitted to the FAA on April 20, 2005, the 
Noise Exposure Maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from October 
2002 through June 2006. The Fresno-Yosemite International Airport Noise 
Exposure Maps were determined by FAA to be in compliance with 
applicable requirements on July 6, 2005. Notice of this determination 
was published in the Federal Register on August 26, 2005 (70 FR 50437-
50438).
    The Fresno-Yosemite International Airport study contains a proposed 
noise compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
(2004 to beyond the year 2009). It was requested that the FAA evaluate 
and approve this material as a Noise Compatibility Program as described 
in 49 U.S.C. Sec.  47504 of the Act. The City of Fresno initially 
submitted its noise compatibility program for the subject airport to 
the FAA on May 26, 2006 (71 FR 33032-33033). In a letter received by 
FAA on September 15, 2006, the City of Fresno requested that FAA 
suspend its review and processing of the noise compatibility program in 
order to modify the document. FAA terminated its formal review of the 
City of Fresno's noise compatibility program effective September 15, 
2006 (71 FR 56582). Subsequently, the City of Fresno submitted their 
revised noise compatibility program to FAA. Therefore, the FAA has 
formally received the noise compatibility program for FAT, effective on 
April 18, 2008. The FAA began its review of the program on April 18, 
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 or 
modified 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.

[[Page 46347]]

    The submitted program contained twenty-five (25) proposed actions 
for noise abatement, land use management and program management 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 was approved, by the Manager 
of the Airports Division, Western-Pacific Region, effective July 28, 
2008.
    Outright approval was granted for the two (2) noise abatement 
measures, all fourteen (14) land use management measures and nine (9) 
program management measures. The approved noise abatement measures 
included: Maintain CANG Noise Abatement Departure Track Procedures; and 
Continued Use of Minimum Altitudes Before Departure Turns Off Runways 
29L and 29R.
    Approved land use measures include: Land Acquisition of Developed 
Non-Compatible Property; Residential Sound Insulation Program; Noise 
Sensitive Public Building Sound Insulation Program; Purchase of 
Avigation Easements; Encourage Comprehensive Planning for Compatible 
Land Uses and Adoption of NEMs; Amend Zoning for Compatible Use; Adopt 
Airport Noise Overlay Zone; Amend Building Codes to Meet Interior Noise 
Levels; Require Avigation Easement with New Construction; Support Real 
Property Noise Disclosure; Transfer of Development Rights; Purchase of 
Development Rights; Purchase of Vacant Land That May Be Developed Into 
NonCompatible Use; Encourage the Local Jurisdictions to Develop 
Compatible Land Uses in the Airport Environs.
    Approved Program Management measures include: Monitor Airport 
Operations to Determine Need for NEM and/or NCP Updates; Acquire a 
Flight Tracking System and/or Noise and Operations Monitoring System 
(NOMS); Monitor Aircraft Engine Run-ups and Complaints as a Trigger for 
a Future Ground Run-up Enclosure (GRE) Replacement Needs Analysis 
Study; Establish Staff Position to Monitor and Coordinate 
Implementation of the NCP Measures; Increase Community Outreach; Expand 
Airport Noise Section on the FAT Website; Develop Standardize Complaint 
Collection, Response, and Recording Procedures; Establish an Airport 
Noise Advisory Committee; Develop and Distribute Pilot Handouts.
    These determinations are set forth, in detail, in the Record of 
Approval signed by the Manager of the Airports Division, Western-
Pacific Region, on July 28, 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 City of Fresno. The Record of Approval 
will be available on-line at: http://www.faa.gov/airports_airtraffic/
airports/environmental/airport_noise/ part--150/states/.

    Issued in Hawthorne, California on July 29, 2008.
Mark A. McClardy
Manager, Airports Division, Western-Pacific Region, AWP-600
[FR Doc. E8-18086 Filed 8-7-08; 8:45 am]

BILLING CODE 4910-13-M
