[Federal Register: August 17, 2005 (Volume 70, Number 158)]
[Notices]
[Page 48462-48463]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au05-123]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; Capital City Airport,
Lansing, MI
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 Capital Region
Airport Authority under the provisions of 49 U.S.C. (the Aviation
Safety and Noise Abatement Act, hereinafter referred to as ``the Act'')
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 7, 2005 the FAA determined that the noise
exposure maps submitted by Capital Region Airport Authority under part
150 were in compliance with applicable requirements. On August 5, 2005,
the FAA approved the Capital City Airport noise compatibility program.
All of the recommendations of the program were approved. No program
[[Page 48463]]
elements relating to new or revised flight procedures for noise
abatement were proposed by the airport operator.
DATES: The effective date of the FAA's approval of the Capital City
Airport noise compatibility program is August 5, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Katherine S. Jones, Community
Planner, Detroit Airports District Office, Metro Airport Center, 11677
South Wayne Road, Suite 107, Romulus, Michigan, Phone (734) 229-2900.
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 Capital
City Airport, effective August 5, 2005.
Under section 47504 of 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 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 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 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, seciton
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, requests for project grants must
be submitted to the FAA Airports District Office in Romulus, Michigan.
Capital Region Airport Authority submitted to the FAA on February
1, 2005, the noise exposure maps, descriptions, and other documentation
produced during the noise compatibility planning study conducted from
2004 through 2005. The Capital City Airport noise exposure maps were
determined by FAA to be in compliance with applicable requirements on
February 7, 2005. Notice of this determination was published in the
Federal Register on March 18, 2005 (FR Doc. 05-5341 Filed 3-17-05; 8:45
am).
The Capital City Airport study contains a proposed noise
compatibility program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions from
2005 to 2008. It was requested that the FAA evaluate and approve this
material as a noise compatibility program as described in section 47504
of the Act. The FAA began its review of the program on February 7, 2005
and was required by a provision of the Act to approve or disapprove the
program within 180 days (other that the use of new or modified flight
procedures for noise control). Failure to approve or disapprove such
program within the 180-day period shall be deemed to be an approval of
such program.
The submitted program contained six (6) proposed actions for noise
mitigation on and/or 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 FAA effective August 5, 2005.
Outright approval was granted for all of the specific program
elements. These elements were: Encourage real estate sellers to provide
notification of potential noise impacts; Encourage local jurisdictions
to require new development to provide proper sound insulation in noise-
impacted areas through the building code process; encourage local
jurisdictions to enact/continue an environmental review process that
allows for Airport review of new development to ensure consideration of
noise issues/impacts; encourage local jurisdictions to develop policies
related to noise impacts in Comprehensive Plans to encourage compatible
development in noise-impacted areas; present noise exposure contours at
various public outreach efforts to continue public awareness of
community noise exposure; and update noise exposure maps in five years
or with a significant change in aircraft activity, fleet mix, or
physical layout.
These determinations are set forth in detail in a Record of
Approval signed by the Associate Administrator of Airports on August 5,
2005. 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 the
Capital Region Airport Authority, Capital City Airport, 4100 Capital
City Boulevard, Lansing, Michigan 48906. The Record of Approval also
will be available on-line at http://www.faa.gov/arp/environmental/14cfr150/index14.cfm
.
Issued in Romulus, Michigan, August 9, 2005.
Winsome A. Lenfert,
Acting Manager, Detroit Airports District Office.
[FR Doc. 05-16329 Filed 8-16-05; 8:45 am]
BILLING CODE 4910-13-M