Approval of Noise Compatibility Program for Kona International Airport, Kailua-Kona, HI

[Federal Register Volume 64, Number 126 (Thursday, July 1, 1999)]
[Notices]
[Pages 35706-35707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16755]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program for Kona International 
Airport, Kailua-Kona, HI

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on a new Noise Compatibility Program for Kona International 
Airport, submitted by the state of Hawaii, Department of 
Transportation, under the provisions of Title I of the Aviation Safety 
and Noise Abatement Act of 1979 (Pub. L. 96-193) (hereinafter referred 
to as ``the Act'') 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 September 24, 
1998, the FAA determined that the Noise Exposure Maps, submitted by the 
State of Hawaii, Department of Transportation under 14 CFR part 150, 
were in compliance with applicable requirements. On March 23, 1999, the 
Associate Administrator for Airports approved the Noise Compatibility 
Program for Kona International Airport.

EFFECTIVE DATE: The effective date of the FAA's approval of the Noise 
Compatibility Program for Kona International Airport is March 23, 1999.

FOR FURTHER INFORMATION CONTACT: David J. Wellhouse, Airport Planner, 
Honolulu Airports District Office, Federal Aviation Administration, Box 
50244, Honolulu, Hawaii 96850-0001, Telephone: 808/541-1243. Street 
address: Federal Building, 300 Ala Moana Boulevard, Room 7-128, 
Honolulu, Hawaii 96813. Documents reflecting the FAA action may be 
reviewed at this same location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to a Noise Compatibility Program for Kona 
International Airport, effective March 23, 1999. Under Section 104(a) 
of the Aviation Safety and Noise Abatement Act of 1979 (herein after 
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 non compatible 
land uses and prevention of additional non compatible land use 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 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 of 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 
navigable airspace and air traffic control 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, 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 implementation action. A request for Federal 
action or approval to implement specific Noise Compatibility Measures 
may be required and a 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, as amended. 
Where Federal funding is sought, requests for project grants must be 
submitted to the FAA Airports District Office in Honolulu, Hawaii.
    The state of Hawaii, Department of Transportation submitted to the 
FAA on December 29, 1997, the noise exposure maps, descriptions, and 
other documentation produced during the noise compatibility planning 
study conducted from March 1996 through November 1996. The Kona 
International Airport noise exposure maps were determined by FAA to be 
in compliance with applicable requirements on September 24, 1998. 
Notice of this determination was published in the Federal Register on 
October 8, 1998.
    The Kona International Airport study contained a proposed Noise 
Compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
the date of study completion to the year 2001. 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 September 24, 1998 and was required by a 
provision of the Act to approve or disapprove the program within 180-
days

[[Page 35707]]

(other than the use of new flight procedures for noise control). 
Failure to approve or disapprove such program within the 180-day period 
shall be deemed an approval of such program.
    The submitted program contained one proposed action for noise 
abatement, one action for noise mitigation, and three program 
management measures for both 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 was approved, by the Associate Administrator for 
Airports, effective March 23, 1999.
    Outright approval was granted for two of the five specific program 
measures. The approved measures included such items as: Annually 
monitor aircraft noise levels and operations at the airport; monitor 
development proposals in the airport environs; and include disclosure 
provisions in land transfer documents. No Action was taken on the 
measure to implement an informal preferential runway use program and on 
the measure to use Runway 35, 68 percent of the time at night during 
light winds instead of Runway 7. The measure to install sound treatment 
of impacted residences within the 60 DNL contour was disapproved 
pending submission of additional information.
    These determinations are set forth in detail in the Record of 
Approval endorsed by the Associate Administrator for Airports on March 
23, 1999. 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 state of Hawaii, Department of Transportation and at the Kona 
International Airport, Kailua-Kona, Hawaii.

    Issued in Hawthorne, California on June 23, 1999.
Ellsworth L. Chan,
Acting Manager, Airports Division, AWP-600, Western-Pacific Region.
[FR Doc. 99-16755 Filed 6-30-99; 8:45 am]
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