Burlington International Airport, South Burlington VT; FAA Approval of Noise Compatibility Program, 40445-40446 [E8-16038]
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pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 135 / Monday, July 14, 2008 / Notices
of a combination of a per-operation
charge and a weight-based charge
provided that (1) the two-part fee
reasonably allocates costs to users on a
rational and economically justified
basis; and (2) the total revenues from the
two-part landing fee do not exceed the
allowable costs of the airfield.
(a) The proportionately higher costs
per passenger for aircraft with fewer
seats that will result from the peroperation component of a two-part fee
may be justified by the effect of the fee
on congestion and operating delays and
the total number of passengers
accommodated during congested hours.
(b) An airport proprietor may exempt
flights subsidized under the Essential
Air Service Program from the general
application of a 2-part landing fee, and
instead charge those flights a landing fee
that would have been charged if a
conventional weight-based fee was in
effect. To the extent an exemption
reduces total airfield fees recovered, the
difference may not be recovered by
increasing charges to other operators
currently operating at the airport.
3. Revise paragraph 2.2 to read:
Revenues from fees imposed for use of
the airfield (‘‘airfield revenues’’) may
not exceed the costs to the airport
proprietor of providing airfield services
and airfield assets currently in
aeronautical use unless:
(a) Otherwise agreed to by the affected
aeronautical users; or
(b) The fee includes charges in
accordance with paragraph 2.5.3 or
paragraph 2.5.4(a), and there is a
corresponding reduction in fees for
users that would otherwise have paid
those charges.
4. Amend paragraph 2.4.4 by revising
the parenthetical phrase to read:
‘‘ * * * (for facilities in use or in
accordance with paragraph 2.5.3)
* * * ’’
5. Add a new paragraph 2.5.3 to read
as:
2.5.3. The proprietor of a congested
airport may include in the rate-base
used to determine airfield charges
during congested hours a portion of the
costs of an airfield project under
construction so long as (1) all planning
and environmental approvals have been
obtained for the project; (2) the
proprietor has obtained financing for the
project; (3) construction has commenced
on the project; and (4) the added costs
for current operators would have the
effect of reducing or preventing
congestion and operating delays at that
airport.
(a) The airport proprietor must deduct
from the total costs of the projects any
principal and interest collected during
the period of construction in
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17:08 Jul 11, 2008
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determining the amount of project costs
to be capitalized and amortized once the
project is commissioned and put in
service.
(b) The amount of project costs
included in current charges may not
exceed an amount corresponding to
costs actually incurred during the
construction period, calculated in
accordance with a commercially
reasonable amortization period based on
the expected term for the permanent
financing of the project.
6. Amend paragraph 2.5.4(a) to read
as follows:
(a) Element no. 3 above will be
presumed to be satisfied if:
(1) The other airport is designated as
a reliever airport for the first airport in
the FAA’s National Plan of Integrated
Airport Systems (‘‘NPIAS’’); or
(2) The first airport is a congested
airport; the other airport has been
designated by the FAA as a secondary
airport serving the community,
metropolitan area or region served by
the first airport; and adding airfield
costs of the second airport to the rate
base of the first airport during congested
hours would have the effect of reducing
or preventing congestion and operating
delays at that airport in those hours.
7. Add a new subparagraph 2.5.4(e) to
read as follows:
(e) Costs of the second airport that
may be included in the rate base of the
first airport are limited to customary
airfield cost center charges. The total
airfield revenue recovered from the
users of both airports cannot exceed the
total allowable costs of the two airports
combined.
8. Add a new Section 6, Congested
Airports to read as follows:
Congested Airports
6. Congested Airports
(a) The Department considers a
currently congested airport to be—
(1) An airport at which the number of
operating delays is one per cent or more
of the total operating delays at the 55
airports with the highest number of
operating delays; or
(2) An airport identified as congested
by the Federal Aviation Administration
listed in table 1 of the FAA’s Airport
Capacity Benchmark Report 2004, or the
most recent version of the Airport
Capacity Benchmark Report.
(b) The Department considers an
airport to be a future congested airport
if an airport is forecasted to meet a
defined threshold level of congestion
reported in the Future Airport Capacity
Task 2 study entitled Capacity Needs in
the National Airspace System 2007–
2025: An analysis of Airports and
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40445
Metropolitan Area Demand and
Operational Capacity in the Future
(FACT 2 Report), or any update to that
report that the FAA may publish from
time-to-time.
(c) A congested hour is an hour
during which demand exceeds average
runway capacity resulting in volumerelated delays, or is anticipated to do so.
6.1. Because charges provided in
paragraphs 2.1.4, 2.5.3 and 2.5.4 to
address congestion can result in higher
fees for some or all operators, it is
especially important for airport
operators proposing such charges to
provide carriers in advance the
information listed in Appendix 1, with
special emphasis on data, analysis and
forecasts used to justify the charges.
6.2. The proprietor of a future
congested airport may adopt measures
to address congestion in accordance
with paragraphs 2.1.4, 2.5.3 and 2.5.4 of
this policy, if the measures will not take
effect or have any effect on airfield
charges until a time when the airport
meets the definition of a congested
airport in paragraph 6 (a) or is
anticipated to do so. This kind of
measure would typically identify the
specific condition, e.g., operating delays
that regularly exceed a certain level at
the airport that would trigger the
implementation of the special charges to
address congestion.
6.3 An airport proprietor may exempt
flights subsidized under the Essential
Air Service Program from charges
imposed under paragraphs 2.5.3 and
2.5.4 of this policy.
Issued in Washington, DC on July 8, 2008.
Mary E. Peters,
Secretary of Transportation.
Robert A. Sturgell,
Acting Administrator, Federal Aviation
Administration.
[FR Doc. 08–1430 Filed 7–10–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Burlington International Airport, South
Burlington VT; FAA Approval of Noise
Compatibility Program
Federal Aviation
Administration, DOT.
ACTION: Notice.
AGENCY:
SUMMARY: The Federal Aviation
Administration (FAA) announces its
findings on the noise compatibility
program submitted by the City of
Burlington VT under the provisions of
Title I of the Aviation Safety and Noise
Abatement Act of 1979 (Pub. L. 96–193)
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40446
Federal Register / Vol. 73, No. 135 / Monday, July 14, 2008 / Notices
and 14 CFR Part 150. These findings are
made in recognition of the description
of federal and non-federal
responsibilities in Senate Report No.
96–52 (1980). On June 23, 2008, the
Airports Division Manager approved the
Burlington International Airport noise
compatibility program. All of the
proposed program elements were
approved.
Effective Date: The effective date
of the FAA’s approval of the Burlington
International Airport noise
compatibility program is June 23, 2008.
FOR FURTHER INFORMATION CONTACT:
Richard Doucette, Federal Aviation
Administration, New England Region,
Airports Division, 12 New England
Executive Park, Burlington,
Massachusetts 01803, Telephone (781)
238–7613.
Documents reflecting this FAA action
may be obtained from the same
individual.
DATES:
This
notice announces that the FAA has
given its overall approval to the
Burlington International Airport noise
compatibility program, effective June
23, 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
Federal Aviation Regulation (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;
pwalker on PROD1PC71 with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
17:08 Jul 11, 2008
Jkt 214001
(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
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 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, requests for
project grants must be submitted to the
FAA Regional Office in Burlington,
Massachusetts.
The Burlington International 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 2011.
The Burlington International Airport,
Burlington VT 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 April 23, 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
PO 00000
Frm 00164
Fmt 4703
Sfmt 4703
program within the 180-day period shall
be deemed to be an approval of such a
program.
The submitted program contained 1
proposed action for noise mitigation.
The FAA completed its review and
determined that the procedural and
substantive requirements of the Act and
FAR Part 150 have been satisfied. The
Airports Division Manager therefore
approved the program effective June 23,
2008.
One new administrative program
measure was under consideration and it
was approved. Residences within the
70dB DNL noise contour were eligible
for land acquisition under the prior
Plan, and that eligibility will now be
extended to residences within the 65dB
DNL contour. Various noise abatement
and land use measures from the 1989
Noise Compatibility Plan were restated
in this Record of Approval, so that all
measures now in effect would be
documented in the most recent Record
of Approval.
FAA’s determinations are set forth in
detail in a Record of Approval endorsed
by the Airports Division Manager on
June 23, 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 Burlington
International Airport, South Burlington
VT.
Issued in Burlington, Massachusetts on
June 23, 2008.
LaVerne F. Reid,
Manager, Airports Division, FAA New
England Region.
[FR Doc. E8–16038 Filed 7–11–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Proposed Modification of the
Cleveland, OH Class B Airspace Area;
Public Meeting
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: This notice announces two
fact-finding informal airspace meetings
to solicit information from airspace
users and others concerning a proposal
to revise the Class B airspace area at
Cleveland, OH. The purpose of these
meetings is to provide interested parties
an opportunity to present views,
recommendations, and comments on the
proposal. All comments received during
these meetings will be considered prior
E:\FR\FM\14JYN1.SGM
14JYN1
]]>Agencies
[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Notices]
[Pages 40445-40446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16038]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Burlington International Airport, South Burlington VT; FAA
Approval of Noise Compatibility Program
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by the City of
Burlington VT under the provisions of Title I of the Aviation Safety
and Noise Abatement Act of 1979 (Pub. L. 96-193)
[[Page 40446]]
and 14 CFR Part 150. These findings are made in recognition of the
description of federal and non-federal responsibilities in Senate
Report No. 96-52 (1980). On June 23, 2008, the Airports Division
Manager approved the Burlington International Airport noise
compatibility program. All of the proposed program elements were
approved.
DATES: Effective Date: The effective date of the FAA's approval of the
Burlington International Airport noise compatibility program is June
23, 2008.
FOR FURTHER INFORMATION CONTACT: Richard Doucette, Federal Aviation
Administration, New England Region, Airports Division, 12 New England
Executive Park, Burlington, Massachusetts 01803, Telephone (781) 238-
7613.
Documents reflecting this FAA action may be obtained from the same
individual.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the Burlington International Airport noise
compatibility program, effective June 23, 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 Federal Aviation Regulation (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 as
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 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, requests for project grants must
be submitted to the FAA Regional Office in Burlington, Massachusetts.
The Burlington International 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 2011. The Burlington
International Airport, Burlington VT 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 April 23, 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 1 proposed action for noise
mitigation. The FAA completed its review and determined that the
procedural and substantive requirements of the Act and FAR Part 150
have been satisfied. The Airports Division Manager therefore approved
the program effective June 23, 2008.
One new administrative program measure was under consideration and
it was approved. Residences within the 70dB DNL noise contour were
eligible for land acquisition under the prior Plan, and that
eligibility will now be extended to residences within the 65dB DNL
contour. Various noise abatement and land use measures from the 1989
Noise Compatibility Plan were restated in this Record of Approval, so
that all measures now in effect would be documented in the most recent
Record of Approval.
FAA's determinations are set forth in detail in a Record of
Approval endorsed by the Airports Division Manager on June 23, 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 Burlington
International Airport, South Burlington VT.
Issued in Burlington, Massachusetts on June 23, 2008.
LaVerne F. Reid,
Manager, Airports Division, FAA New England Region.
[FR Doc. E8-16038 Filed 7-11-08; 8:45 am]
BILLING CODE 4910-13-P
