Approval of Noise Compatibility Program for Modesto City-County Airport, Modesto, CA

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Approval of Noise Compatibility Program for Modesto City-County

Airport, Modesto, 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

Modesto, Modesto, California under the provisions of Title I of the

Aviation Safety and Noise Abatement Act of 1979 (Public Law 96-193) 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 February 26, 1993, the FAA determined that the

noise exposure maps submitted by the County under Part 150 were in

compliance with applicable requirements. On November 22, 1994, the

Assistant Administrator for Airports approved the Modesto City-County

Airport noise compatibility program. Fourteen (14) of the proposed

action elements were approved, one (1) element was disapproved.

EFFECTIVE DATE: The effective date of the FAA's approval of the Modesto

City-County Airport noise compatibility program is November 22, 1994.

FOR FURTHER INFORMATION CONTACT: John L. Pfeifer, Manager, Airports

District Office, SFO-600, Federal Aviation Administration, 831 Mitten

Road, Burlingame, California 94010. 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 the Modesto

City-County Airport, effective November 22, 1994.

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 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 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 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 type 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, Sec. 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. Where federal funding is sought, request for project grants must

be submitted to the Airports District Office at the location identified

in ``FOR FURTHER INFORMATION CONTACT'' clause above.

The City of Modesto submitted to the FAA on June 29, 1992, the

Noise Exposure Maps, descriptions, and other documentation produced

during the noise compatibility planning study conducted from January

1991, through June 1992. The Modesto City-County Airport noise exposure

maps were determined by FAA to be in compliance with applicable

requirements on February 26, 1993.

The Modesto City-County Airport Study contains proposed noise

compatibility program comprised of actions designed for phased

implementation by airport management and adjacent jurisdictions from

the date of study completion to (or beyond) the year 2000. 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 November 22, 1994, 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-

days period shall be deemed to be an approval of such a program.

The submitted program contained sixteen (16) 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 overall program,

therefore, was approved by the Associate Administrator for Airports

effective November 22, 1994.

Outright approval was granted for fourteen (14) of the specific

program elements. One (1) element was approved in part and disapproved

in part. One element was a no action required at this time because it

related to flight procedures. The approved elements included existing

flight track policies, existing runway use program, evaluating noise-

monitoring system, public information program, encouraging specific

plans, consistent off airport improvement, zoning and disclosure to

buyers.

These determinations are set forth in detail in a Record of

Approval endorsed by the Assistant Administrator for Airports on

November 22, 1994. 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 at the administrative offices of

Modesto.

Interested persons are invited to comment on the proposed program

with specific reference to these factors. All comments, other than

those properly addressed to local land use authorities, will be

considered by the FAA to the extent practicable. Copies of the Noise

Exposure Maps, the FAA's evaluation of the maps, and the proposed Noise

Compatibility Program are available for examination at the following

locations:

Federal Aviation Administration, 800 Independence Avenue, SW., Room

617, Washington, DC 20591;

Federal Aviation Administration, Western-Pacific Region, Airports

Division, 15000 Aviation Boulevard, Room 3E24, Hawthorne, California,

Mail: P.O. Box 92007, Worldway Postal Center, Los Angeles, California

90009;

Mr. Howard L. Cook, Airport Manager, Modesto City-County Airport, 617

Airport Way, Modesto, California 95354-3916.

Questions may be directed to the individual named above under the

heading, FOR FURTHER INFORMATION CONTACT.

Issued in Hawthorne, California on November 29, 1994.

Robert C. Bloom,

Acting Manager, Airports Division, AWP-600, Western-Pacific Region.

[FR Doc. 94-30960 Filed 12-15-94; 8:45 am]

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