[Federal Register Volume 59, Number 139 (Thursday, July 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17801]
[[Page Unknown]]
[Federal Register: July 21, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program Kent County International
Airport Grand Rapids, Michigan
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 Kent County,
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
October 29, 1993, the FAA determined that the noise exposure maps
submitted by Kent County under Part 150 were in compliance with
applicable requirements. On April 26, 1994, the Assistant Administrator
for Airports approved the Kent County International Airport noise
compatibility program.
A total of ten (10) measures were included in the Kent County
International Airport recommended program. Of the ten (10) measures,
two (2) are ``Program Management,'' three (3) are ``Noise Abatement,''
and five (5) are ``Land Use.'' The FAA gave outright approval for nine
(9) measures; the tenth measure was given partial approval.
EFFECTIVE DATE: The effective date of the FAA's approval of the Kent
County International Airport noise compatibility program is April 26,
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 Kent County
International Airport, effective April 26, 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 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 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.
Kent County submitted to the FAA on May 4, 1992, noise exposure
maps, descriptions, and other documentation produced during the noise
compatibility planning study conducted from September 24, 1987 through
May 4, 1992. The Kent County International Airport noise exposure maps
were determined by the FAA to be in compliance with applicable
requirements on March 4, 1993. Notice of this determination was
published in the Federal Register on March 22, 1993.
The Kent County International 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 1995. 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 October 29, 1993, and was required by a
provision of the Act to approve or disapprove the program within 180
days (other than 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 ten (10) 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 April 26, 1994.
Outright approval was granted for nine (9) of the specific program
elements. ``Land Use Measure No. 2'' was partially approved. The
measure included non-noise related zoning (height and safety). For the
purpose of Part 150, only the noise zoning was approved. The other
approved measures include: Noise Abatement Advisory Committee, Noise
Complaint Program, Noise Abatement Departure Procedures, Greater
Percent of Stage 3 Aircraft, Portable Noise Monitoring Equipment,
Comprehensive Land Use Planning and Zoning, Utilize Disclosure
Ordinance, Acoustical Treatment/Aviation Easements, and Purchase
Assurance Program.
These determinations are set forth in detail in a Record of
Approval endorsed by the Assistant Administrator for Airports on April
26, 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
Kent County Department of Aeronautics, Kent County International
Airport, 5500 44th Street, SE., Grand Rapids, Michigan 49512
Questions may be directed to the individual named above under the
heading, FOR FURTHER INFORMATION CONTACT.
Issued in Belleville, Michigan, July 1, 1994.
Dean C. Nitz,
Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. 94-17801 Filed 7-20-94; 8:45 am]
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