Burlington International Airport, South Burlington VT; FAA Approval of Noise Compatibility Program, 40445-40446 [E8-16038]

Download as PDF 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 VerDate Aug<31>2005 17:08 Jul 11, 2008 Jkt 214001 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 PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 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) E:\FR\FM\14JYN1.SGM 14JYN1 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]


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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