Notice of Final Decision on Proposed Airport Access Restriction, 70267 [2014-27815]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Notices]
[Page 70267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27815]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Final Decision on Proposed Airport Access Restriction

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice.

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SUMMARY: The FAA has completed its review of the application for an 
airport noise and access restriction submitted by Los Angeles World 
Airports (LAWA) for the Los Angeles International Airport (LAX). The 
FAA determined that the application does not provide substantial 
evidence that the proposed restriction meets three of the six statutory 
conditions for approval under the Airport Noise and Capacity Act of 
1990 (ANCA). The FAA's decision was signed on November 7, 2014, and 
transmitted to LAWA on November 8, 2014.

DATES: Effective date: November 25, 2014. The effective date of the 
FAA's decision on the application for a mandatory noise and access 
restriction at LAX is November 7, 2014.

FOR FURTHER INFORMATION CONTACT: James Byers, Airport Planning and 
Environmental Division, APP-400, 800 Independence Avenue SW., 
Washington, DC 20591. Email address: jim.byers@faa.gov; telephone: 202-
267-3007.

SUPPLEMENTARY INFORMATION: This Notice also announces the availability 
of the FAA's final agency order disapproving the proposed access 
restriction at https://faa.gov/airports/environmental/airport_noise/part_161/.
    The Airport Noise and Capacity Act of 1990 (hereinafter referred to 
as ``the Act'' or ``ANCA'') provides notice, review, and approval 
requirements for airports seeking to impose noise or access 
restrictions on Stage 3 aircraft operations that become effective after 
October 1, 1990. 49 U.S.C. 47521 et seq.
    ANCA established a 180-day review period for the application. Under 
14 CFR 161.313(c)(4)(ii), the review period starts on the date of 
receipt of the complete application, which was May 22, 2014.
    On January 30, 2013, the FAA received an application from LAWA 
under Title 14, Code of Federal Regulations, 14 CFR part 161, seeking 
the FAA's review of a proposed Stage 3 aircraft noise and access 
restriction at LAX. The FAA reviewed the application in accordance with 
14 CFR 161.313(a), and determined it to be incomplete in the areas of 
Noise Exposure Maps (NEMs); Noise Study Area; Technical Data Supporting 
Noise Impact Analysis; and Cost Benefit Analysis. The FAA sent notice 
of this decision to LAWA on March 1, 2013. On March 15, 2013, the FAA 
provided LAWA with additional information regarding the types of 
information and analysis required to complete the application.
    On March 28, 2013, LAWA stated its intent to revise the Part 161 
application and resubmit it for further review. On July 5, 2013, FAA 
received a ``Supplemental Analysis'' from LAWA. The FAA reviewed the 
Supplemental Analysis and determined that the application continued to 
be incomplete in the areas of Airport Noise Study Area and Noise 
Contours; Technical Data Supporting Noise Impact Analysis; and Cost 
Benefit Analysis. The FAA sent notice of this decision to LAWA on 
August 2, 2013. On August 20, 2013, LAWA stated its intent to 
supplement the Part 161 application and resubmit it to the FAA. On May 
12, 2014, FAA received LAWA's supplemented application, followed by an 
errata sheet on May 22, 2014. On June 10, 2014, FAA determined LAWA's 
application to be complete. On June 27, 2014, the FAA published a 
notice in the Federal Register announcing its determination that LAWA's 
application was complete and inviting public comments. 79 FR 36577. The 
FAA received 21 separate comments, which the FAA considered during its 
evaluation of the LAWA application.
    By law, the FAA may only approve a noise or access restriction 
affecting the operations of Stage 3 aircraft if the applicant 
demonstrates, by substantial evidence, that each of six statutory 
conditions have been met. These six statutory conditions of approval 
are:
     Condition 1: The restriction is reasonable, nonarbitrary, 
and nondiscriminatory;
     Condition 2: The restriction does not create an undue 
burden on interstate or foreign commerce;
     Condition 3: The proposed restriction maintains safe and 
efficient use of the navigable airspace;
     Condition 4: The proposed restriction does not conflict 
with any existing Federal statute or regulation;
     Condition 5: The applicant has provided adequate 
opportunity for public comment on the proposed restriction; and
     Condition 6: The proposed restriction does not create an 
undue burden on the national aviation system.
    The FAA evaluated LAWA's application under the provisions of ANCA 
and 14 CFR 161.317 and determined that the application satisfies the 
requirements under Condition 3, Condition 5, and Condition 6. However, 
the application does not satisfy the requirements under Condition 1, 
Condition 2, or Condition 4. Therefore, in accordance with the 
requirements set forth in ANCA, the FAA disapproved the application on 
November 7, 2014.
    Questions may be directed to the individual named above under the 
heading FOR FURTHER INFORMATION CONTACT.

    Issued in Washington, DC, on November 17, 2014.
Elliott Black,
 Director, Office of Airport Planning and Programming.
[FR Doc. 2014-27815 Filed 11-24-14; 8:45 am]
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