Approval of Noise Compatibility Program; Waimea-Kohala Airport,
Kamuela, Hawaii
[Federal Register: September 5, 2000 (Volume 65, Number 172)]
[Notices]
[Page 53799-53800]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se00-127]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; Waimea-Kohala Airport,
Kamuela, Hawaii
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 state of
Hawaii, Department of Transportation under the provisions of Title I of
the Aviation Safety and Noise Abatement Act of 1979 (Public Law 96-193)
and Title, 14 Code of Federal Regulations, Part 150 (FAR Part 150).
These findings are made in recognition of the description of Federal
and nonfederal responsibilities in Senate Report No. 96-52 (1980). On
February 14, 2000, the FAA determined that the noise exposure maps
submitted by the state of Hawaii, Department of Transportation under
FAR Part 150 were in compliance with applicable requirements. On August
9, 2000, the Associate Administrator for Airports approved six of the
seven program measures included in the Waimea-Kohala Airport Noise
Compatibility Program. One measure was approved as a voluntary measure,
five measures were approved outright, and one measure was disapproved
pending the submission of additional information.
EFFECTIVE DATE: The effective date of the FAA's approval of the Waimea-
Kohala Airport Noise Compatibility Program is August 9, 2000.
FOR FURTHER INFORMATION CONTACT: David Welhouse, Airport Planner,
Federal Aviation Administration, Honolulu Airports District Office,
HNL-621. Telephone: (808) 541-1243. Mailing address: P.O. Box 50244,
Honolulu, Hawaii 96850-0001. Street address: 300 Ala Moana Blvd., Room
7-128, Honolulu, HI 96813. Documents reflecting this FAA action may be
reviewed at this location.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the Noise Compatibility Program for the Waimea-
Kohala Airport, effective August 9, 2000.
Under Section 104(a) of the Aviation Safety and Noise Abatement Act
of 1979 (hereinafter referred to as ``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
noncompatible land uses and prevention of additional noncompatible 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 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 FAR Part 150 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 noncompatible 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
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 a FAA implementing action. A request for Federal
action or approval to implement specific noise compatibility measures
may be required, and a 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
[[Page 53800]]
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 Honolulu, Hawaii.
The State of Hawaii, Department of Transportation submitted to the
FAA on January 25, 2000, the noise exposure maps, descriptions, and
other documentation produced during the noise compatibility planning
study conducted from May 1997 through November 1998. The Waimea-Kohala
Airport noise exposure maps were determined by FAA to be in compliance
with applicable requirements on February 14, 2000. Notice of this
determination was published in the Federal Register on February 29,
2000.
The Waimea-Kohala Airport study contains a proposed Noise
Compatibility Program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions. It was
requested that the FAA evaluate and approve this material as a Noise
Compatibility Program as described in Section 104(b) of the Act. The
FAA began its review of the program on February 14, 2000, 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 program within the 180-
day period shall be deemed to be an approval of such program.
The submitted program contained seven 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 Associate Administrator for
Airports approved the overall program effective August 9, 2000.
Six of the seven program elements were approved. The following
measure was approved as a voluntary measure: The State of Hawaii,
Department of Transportation, Airports Division should remind pilots of
the existing noise sensitive areas within the Airport environs and that
the overflight of these areas should be avoided. The following five
measures were approved outright: Use comprehensive planning and zoning
to maintain compatible land use; Acquiring avigation easements from
landowners that presently have compatible land but may become
incompatible due to future development; Acquiring development rights
from land owners which presently own land that has a compatible land
use; Review and modification of Subdivision Regulations; the use of tax
incentives to maintain compatible land use. The following measure was
disapproved pending submission of additional information: Land banking
will allow DOTA to purchase, in fee, existing compatible properties to
ensure that these properties would remain compatible land uses.
These determinations are set forth in detail in a Record of
Approval endorsed by the Associate Administrator for Airports on August
9, 2000. 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
state of Hawaii, Department of Transportation, Airport Division.
Issued in Hawthorne, California on August 21, 2000.
Herman C. Bliss,
Manager, Airports Division, AWP-600, Western-Pacific Region.
[FR Doc. 00-22623 Filed 9-1-00; 8:45 am]
BILLING CODE 4910-13-M
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