[Federal Register Volume 59, Number 42 (Thursday, March 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4874]
[[Page Unknown]]
[Federal Register: March 3, 1994]
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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 the Capital
Region Airport Authority, Lansing, Michigan, under the provisions of
Title I of the Aviation Safety and Noise Abatement Act of 1979 (Pub. L.
96-193) 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 June 29, 1993, the FAA determined that the
noise exposure maps submitted by the Capital Region Airport Authority
under part 150 were in compliance with applicable requirements. On
January 21, 1994, the Assistant Administrator for Airports approved the
Capital City Airport noise compatibility program.
All of the recommendations of the program were approved. A total of
nine (9) measures were included in the Capital Region Airport Authority
recommended program. Of the nine (9) measures, two (2) are listed as
``Noise Abatement Plan Measures,'' two (2) are listed as ``Program
Management Measures,'' and five (5) are listed as ``Land Use Management
Plan.'' The FAA has approved all of the nine (9) measures.
EFFECTIVE DATE: The effective date of the FAA's approval of the Capital
City Airport noise compatibility program is January 21, 1994.
FOR FURTHER INFORMATION CONTACT:
Ernest Gubry, Federal Aviation Administration, Detroit Airports
District Office, Willow Run Airport, East, 8820 Beck Road, Belleville,
Michigan 48111, 313-487-7280. 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 January 21, 1994.
Under section 104(a) of the Aviation Safety and Noise Abatement Act
of 1979 (hereinafter 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
noncompatible land uses and prevention of additional noncompatible 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 noncompatible land uses around the airport
and preventing the introduction of additional noncompatible 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 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 the FAA's approval of an
airport noise compatibility program are delineated in FAR part 150,
Sec. 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 in Belleville,
Michigan.
The Capital Region Airport Authority submitted to the FAA in 1993
noise exposure maps, descriptions, and other documentation produced
during the noise compatibility planning study conducted from 1990 and
1992. The Capital City Airport noise exposure maps were determined by
the FAA to be in compliance with applicable requirements on June 29,
1993. Notice of this determination was published in the Federal
Register on July 26, 1993.
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
the date of study completion to the year 1996. 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 July 27, 1993, and was required by a provision
of the Act to approve or disapprove the program within 180 days (other
then the use of new flight procedures for noise control). Failure to
approve or disapprove such program within the 180-day period would have
been deemed to be an approval of such program.
The submitted program contained nine (9) proposed actions for noise
mitigation. 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 Assistant Administrator for Airports effective January 21, 1994.
Outright approval was granted for all nine (9) of the specific
program elements. The nine (9) measures include: Informal Preferential
Runway Use Program, Voluntary Compliance of Phase-Out of Stage 2
Aircraft, Airport Zoning, Environmental Review, Revision of Building
Code, Real Estate Disclosure, Local Government Comprehensive Plans,
Noise Abatement Officer, and Provisions for Revisions.
These determinations are set forth in detail in a Record of
Approval endorsed by the Assistant Administrator for Airports on
January 21, 1994. The Record of Approval, as well as other evaluation
materials and documents which comprised the submittal to the FAA, are
available for review at the following locations:
Federal Aviation Administration, 800 Independence Avenue SW., room 617,
Washington, DC 20591,
Federal Aviation Administration, Detroit Airports District Office,
Willow Run Airport, East, 8820 Beck Road, Belleville, Michigan 48111,
Capital Region Airport Authority, Capital City Airport, Lansing,
Michigan 48906.
Questions may be directed to the individual named above under the
heading, FOR FURTHER INFORMATION CONTACT.
Issued in Belleville, Michigan, February 7, 1994.
Dean C. Nitz,
Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. 94-4874 Filed 3-2-94; 8:45 am]
BILLING CODE 4910-13-M