[Federal Register: June 25, 2009 (Volume 74, Number 121)]
[Notices]
[Page 30354-30355]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn09-93]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program 14 CFR Part 150; Detroit
Metropolitan Wayne County Airport, Detroit, 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 (NCP) submitted by Wayne
County 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). The Detroit
Metropolitan Wayne County Airport noise exposure maps were determined
by FAA to be in compliance with applicable requirements on March 7,
2006. Notice of this determination was published in the Federal
Register on March 21, 2006, Federal Register volume 71, number 54, page
14282.
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.
The submitted program contained twenty proposed actions for noise
mitigation on and off the airport, as applicable. The FAA completed its
review and determined that the procedural and substantive requirements
of the Act and FAR part 150 have been satisfied.
On June 1, 2009, the FAA approved the Detroit Metropolitan Wayne
County Airport noise compatibility program. Fourteen of the twenty
recommendations of the program were approved. Three recommendations are
[[Page 30355]]
related to revised flight procedures for noise abatement and require no
action at this time. Three recommendations were disapproved at this
time.
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 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 Detroit Airports District Office.
These determinations are set forth in detail in a Record of
Approval signed by Deb Roth on June 1, 2009. 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 Detroit Metropolitan Wayne County
Airport. The Record of Approval also will be available on-line at
http://www.faa.gov/airports_airtraffic/airports/environmental/
airport_noise/part_150/states/.
DATES: Effective Date: The effective date of the FAA's approval of the
Detroit Metropolitan Wayne County Airport noise compatibility program
is June 1, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Gubry, Detroit Airports
District Office, 11677 South Wayne Road, Suite 107, Romulus, Michigan
48174, 734-229-2905. Documents reflecting this FAA action may be
reviewed at this same location.
Dated: June 2, 2009.
Issued in Romulus, Michigan.
Matthew J. Thys,
Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. E9-14986 Filed 6-24-09; 8:45 am]
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