[Federal Register: June 25, 2009 (Volume 74, Number 121)]
[Notices]
[Page 30355-30356]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn09-94]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program 14 CFR Part 150; General
Mitchell International Airport, Milwaukee, WI
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 General
Mitchell International Airport 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 General
Mitchell International Airport noise exposure maps were determined by
FAA to be in compliance with applicable requirements on December 24,
2008. Notice of this determination was published in the Federal
Register on January 15, 2009, Federal Register volume 74, number 10,
page 2645.
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 sixteen 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 4, 2009, the FAA approved the General Mitchell
International Airport noise compatibility program. Ten of the sixteen
recommendations of the program were approved. Six 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 Minneapolis Airports District Office.
These determinations are set forth in detail in a Record of
Approval signed by Deb Roth on June 4, 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
[[Page 30356]]
General Mitchell International 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
General Mitchell International Airport noise compatibility program is
June 4, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Glen Orcutt, Federal Aviation
Administration, Minneapolis Airport District Office, 6020 28th Ave.,
South, Minneapolis, MN 55450, phone number (612) 713-4354. Documents
reflecting this FAA action may be reviewed at this same location.
Dated: June 9, 2009.
Issued in Minneapolis, Minnesota.
Jesse Carriger,
Manager, Minneapolis Airports District Office, FAA Great Lakes Region.
[FR Doc. E9-14988 Filed 6-24-09; 8:45 am]
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