Noise Exposure Map Notice; Receipt of Noise Compatibility Program and Request for Review Westover Metropolitan Airport/Air Reserve Base Chicopee, Massachusetts

Federal RegisterAug 11, 1995

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Exposure Map Notice; Receipt of Noise Compatibility Program

and Request for Review Westover Metropolitan Airport/Air Reserve Base

Chicopee, Massachusetts

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its

determination that the noise exposure map for Westover Metropolitan

Airport/Air Reserve Base, as submitted by the Westover Metropolitan

Development Corporation under the provisions of Title I of the Aviation

Safety and Noise Abatement Act of 1979 (Pub. L. 96-193) and 14 CFR part

150, is in compliance with applicable requirements. The FAA also

announces that it is reviewing a proposed noise compatibility program

that was submitted for Westover Metropolitan Airport/Air Reserve Base

under Part 150 in conjunction with the noise exposure map, and that

this program will be approved or disapproved on or before January 27,

1996.

EFFECTIVE DATE: The effective date of the FAA's determination on the

noise exposure map and of the start of its review of the associated

noise compatibility program is July 31, 1995. The public comment period

ends on September 29, 1995.

FOR FURTHER INFORMATION CONTACT:

John C. Silva, Federal Aviation Administration, New England Region,

Airports Division, ANE-600, 12 New England Executive Park, Burlington,

Massachusetts 01803.

Comments on the proposed noise compatibility program should also be

submitted to the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds

that the noise exposure map submitted for Westover Metropolitan

Airport/Air Reserve Base is in compliance with applicable requirements

of part 150, effective July 31, 1995. Further, FAA is reviewing a

proposed noise compatibility program for that airport which will be

approved or disapproved on or before January 27, 1996. This notice also

announces the availability of this program for public review and

comment.

Under section 103 of Title I of the Aviation Safety and Noise

Abatement Act of 1979 (hereinafter referred to as ``the Act''), an

airport operator may submit to the FAA a noise exposure map which meets

applicable regulations and which depicts noncompatible land uses as of

the date of submission of such map, a description of projected aircraft

operations, and the ways in which such operations will affect such map.

The Act requires such map to be developed in consultation with

interested and affected parties in the local community, government

agencies, and persons using the airport. An airport operator who has

submitted a noise exposure map that is found by FAA to be in compliance

with the requirements of Federal Aviation Regulation (FAR) part 150,

promulgated pursuant to Title I of the Act, may submit a noise

compatibility program for FAA approval which sets forth the measures

the operator has taken, or proposes, for the introduction of additional

noncompatible uses.

The Westover Metropolitan Development Corporation submitted to the

FAA on January 26, 1994, a noise exposure map, descriptions, and other

documentation which were produced during the Airport Noise

Compatibility Planning (part 150) study at Westover Metropolitan

Airport/Air Reserve Base from October 1990 to June 1995. It was

requested that the FAA review this material as the noise exposure map,

as described in section 103(a)(1) of the Act, and that the noise

mitigation measures, to be implemented jointly by the airport and

surrounding communities, be approved as a noise compatibility program

under section 104(b) of the Act.

The FAA has completed its review of the noise exposure map and

related descriptions submitted by Westover Metropolitan Airport/Air

Reserve Base. The specific maps under consideration were Figures 10.1,

`` Westover Metropolitan Airport/ARB Existing Case Ldn Contours'' and

10.3, `` Westover Metropolitan Airport/ARB Forecast Case Ldn

Contours'', along with the supporting documentation in `` Westover

Metropolitan Airport/Air Reserve Base; FAR part 150 Documentation;

Noise Exposure Map''. The FAA has determined that the maps for Westover

Metropolitan Airport/Air Reserve Basevelopment Corporation are in

compliance with applicable requirements. This determination is

effective on July 31, 1995.

FAA's determination on an airport operator's noise exposure maps is

limited to a finding that the maps were developed in accordance with

the

[[Page 41146]]

procedures contained in appendix A of FAR part 150. Such determination

does not constitute approval of the applicant's data, information or

plans, or a commitment to approve a noise compatibility program or to

fund the implementation of that program. If questions arise concerning

the precise relationship of specific properties to noise exposure

contours depicted on a noise exposure map submitted under section 103

of the Act, it should be noted that the FAA is not involved in any way

in determining the relative locations of specific properties with

regard to the depicted noise contours, or in interpreting the noise

exposure map to resolve questions concerning, for example, which

properties should be covered by the provisions of section 107 of the

Act. These functions are inseparable from the ultimate land use control

and planning responsibilities of local government. These local

responsibilities are not changed in any way under part 150 or through

FAA's review of a noise exposure map. Therefore, the responsibility for

the detailed overlaying of noise exposure contours onto the map

depicting properties on the surface rests exclusively with the airport

operator which submitted the map, or with those public agencies and

planning agencies with which consultation is required under section 103

of the Act. The FAA has relied on the certification by the airport

operator, under Sec. 150.21 or FAR part 150, that the statutorily

required consultation has been accomplished.

The FAA has formally received the noise compatibility program for

Westover Metropolitan Airport/Air Reserve Base, also effective on July

31, 1995. Preliminary review of the submitted material indicates that

it conforms to the requirements for the submittal of noise

compatibility programs, but that further review will be necessary prior

to approval or disapproval of the program. The formal review period,

limited by law to a maximum of 180 days, will be completed on or before

January 27, 1996. The FAA's detailed evaluation will be conducted under

the provisions of 14 CFR part 150, Sec. 150.33. The primary

considerations in the evaluation process are whether the proposed

measures may reduce the level of aviation safety, create an undue

burden on interstate or foreign commerce, or be reasonably consistent

with obtaining the goal of reducing existing noncompatible land uses

and preventing the introduction of additional noncompatible land uses.

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 map, the FAA's evaluation of the map, and the proposed noise

compatibility program are available for examination at the following

locations:

Westover Metropolitan Airport, 3911 Pendleton Avenue, Chicopee,

Massachusetts 01022

Federal Aviation Administration, New England Region, Airports Division,

ANE-600, 12 New England Executive Park, Burlington, Massachusetts

01803.

Questions may be directed to the individual named above under the

heading: FOR FURTHER INFORMATION CONTACT.

Issued in Burlington, Massachusetts on July 31, 1995.

Vincent A. Scarano,

Manager, Airports Division, New England Region.

[FR Doc. 95-19908 Filed 8-10-95; 8:45 am]

BILLING CODE 4910-13-M

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