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6548 Federal Register / Vol. 73, No.

23 / Monday, February 4, 2008 / Notices

DEPARTMENT OF STATE Dated: January 24, 2008. submit to the FAA a Noise
Stephen D. Mull, Compatibility Program which sets forth
[Public Notice 6089] Acting Assistant Secretary of State for the measures taken or proposed by the
Political-Military Affairs, Department of airport operator for the reduction of
Termination of Statutory Debarment State. existing non-compatible land uses and
Pursuant to Section 38(g)(4) of the [FR Doc. E8–1948 Filed 2–1–08; 8:45 am] prevention of additional non-compatible
Arms Export Control Act for Peter BILLING CODE 4710–25–P land uses with the area covered by the
Appelbaum Noise Exposure Maps. The Act requires
such programs to be developed in
ACTION: Notice. DEPARTMENT OF TRANSPORTATION consultation with interested and
affected parties, including local
SUMMARY: Notice is hereby given that
Federal Aviation Administration communities, government agencies,
the Department of State has terminated
airport users, and FAA personnel.
the statutory debarment against Peter Approval of Noise Compatibility Each airport noise compatibility
Appelbaum pursuant to section 38(g)(4) Program; Hartsfield-Jackson Atlanta program developed in accordance with
of the Arms Export Control Act (AECA) International Airport, Atlanta, GA 14 CFR part 150 is a local program, not
(22 U.S.C. 2778). a Federal Program. The FAA does not
DATES: Effective Date: January 24, 2008.
AGENCY: Federal Aviation
Administration, DOT. substitute its judgment for that of the
FOR FURTHER INFORMATION CONTACT: airport operator with respect to which
ACTION: Notice.
David C. Trimble, Director, Office of measure should be recommended for
Defense Trade Controls Compliance, SUMMARY: The Federal Aviation action. The FAA’s approval or
Directorate of Defense Trade Controls, Administration (FAA) announces its disapproval of part 150 program
Bureau of Political-Military Affairs, findings on the Noise Compatibility recommendations is measured
Department of State (202) 663–2807. Program submitted by the City of according to the standards expressed in
SUPPLEMENTARY INFORMATION: Section Atlanta under the provisions of 49 part 150 and the Act, and is limited to
38(g)(4) of the AECA and section 127.11 U.S.C. (the Aviation Safety and Noise the following determinations:
of the International Traffic in Arms Abatement Act, hereinafter referred to a. The Noise Compatibility Program
Regulations (ITAR) prohibit the as ‘‘the Act’’) and 14 CFR part 150. was developed in accordance with the
issuance of export licenses or other These findings are made in recognition provisions and procedures of 14 CFR
approvals to a person, or any party to of the description of Federal and part 150;
nonfederal responsibilities in Senate b. Program measures are reasonably
the export, who has been convicted of
Report No. 96–52 (1980). On April 10, consistent with achieving the goals of
violating the AECA and certain other
reducing existing non-compatible land
U.S. criminal statutes enumerated at 2007, the FAA determined that the
uses around the airport and preventing
section 38(g)(1)(A) of the AECA and noise exposure maps submitted by the
the introduction of additional non-
section 120.27 of the ITAR. A person City of Atlanta under Part 150 were in
compatible land uses;
convicted of violating the AECA is also compliance with applicable c. Program measures would not create
subject to statutory debarment under requirements. On January 24, 2008, the an undue burden on interstate or foreign
section 127.7 of the ITAR. FAA approved the Hartsfield-Jackson commerce, unjustly discriminate against
In October 1999, Peter Appelbaum Atlanta International Airport Noise types of classes of aeronautical uses,
was convicted of violating the AECA Compatibility Program. All of the violate the terms of airport grant
(U.S. District Court, Southern District of recommendations of the program were agreements, or intrude into areas
Florida, 1:99CR00530–001). Based on approved. No program elements relating preempted by the Federal government;
this conviction, Peter Appelbaum was to new or revised flight procedures for and
statutorily debarred pursuant to section noise abatement were proposed by the d. Program measures relating to the
38(g)(4) of the AECA and section 127.7 airport operator. use of flight procedures can be
of the ITAR and, thus, prohibited from DATES: Effective Dates: The effective implemented within the period covered
participating directly or indirectly in date of the FAA’s approval of the by the program without derogating
exports of defense articles and defense Hartsfield-Jackson Atlanta International safety, adversely affecting the efficient
services. Notice of debarment was Airport Noise Compatibility Program is use and management of the navigable
published in the Federal Register (68 January 24, 2008. airspace and air traffic control systems,
FR 52436, September 3, 2003). FOR FURTHER INFORMATION CONTACT: or adversely affecting other powers and
Section 38(g)(4) of the AECA permits Scott L. Seritt, Federal Aviation responsibilities of the Administrator
termination of debarment after Administration, Atlanta Airports prescribed by law.
consultation with the other appropriate District Office, 1701 Columbia Avenue Specific limitations with respect to
U.S. agencies and after a thorough Campus Building, Suite 2–260, College FAA’s approval of an airport Noise
review of the circumstances Park, Georgia 30337, phone number: Compatibility Program are delineated in
surrounding the conviction and a 404–305–7150. Documents reflecting 14 CFR part 150, § 150.5 Approval is not
finding that appropriate steps have been this FAA action may be reviewed at this a determination concerning the
taken to mitigate any law enforcement same location. acceptability of land uses under Federal,
concerns. The Department of State has SUPPLEMENTARY INFORMATION: This state, or local law. Approval does not by
determined that Peter Appelbaum has notice announces that the FAA has itself constitute an FAA implementing
taken appropriate steps to address the given its overall approval to the Noise action. A request for Federal action or
causes of the violations and to mitigate Compatibility Program for Hartsfield- approval to implement specific noise
ebenthall on PRODPC61 with NOTICES

any law enforcement concerns. Jackson Atlanta International Airport, compatibility measures may be
Therefore, in accordance with section effective January 24, 2008. required, and an FAA decision on the
38(g)(4) of the AECA, the debarment Under section 47504 of the Act, an request may require an environmental
against Peter Appelbaum is rescinded, airport operator who has previously assessment of the proposed action.
effective January 24, 2008. submitted a Noise Exposure Map may Approval does not constitute a

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