[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20928]


[[Page Unknown]]

[Federal Register: August 25, 1994]


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DEPARTMENT OF TRANSPORTATION
 

Approval of Noise Compatibility Program, Kalamazoo/Battle Creek 
International Airport, Kalamazoo, 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 County of 
Kalamazoo, Michigan, under the provisions of Title I of the Aviation 
Safety and Noise Abatement Act of 1979 (Public Law 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 March 1, 1993, the FAA determined that the noise exposure 
maps submitted by the County of Kalamazoo under Part 150 were in 
compliance with applicable requirements. On May 17, 1994, the Assistant 
Administrator for Airports approved the Kalamazoo/Battle Creek 
International Airport noise compatibility program.
    A total of sixteen (16) measures were included in the Kalamazoo 
County recommended program. Of the sixteen (16) measures, four (4) are 
listed as ``Nose Abatement Plan Measures,'' nine (9) are listed as 
``Land Use Management Program Measures,'' and three (3) are listed as 
``Continuing Program Measures.'' The FAA has approved fifteen (15) of 
the sixteen (16) measures.''

EFFECTIVE DATE: The effective date of the FAA's approval of the 
Kalamazoo/Battle Creek International Airport noise compatibility 
program is May 17, 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 Kalamazoo/
Battle Creek International Airport, effective May 17, 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.
    The County of Kalamazoo submitted to the FAA noise exposure maps, 
descriptions, and other documentation produced during the noise 
compatibility planning study conducted from June 20, 1989, through 
November 18, 1993. The Kalamazoo/Battle Creek International Airport 
noise exposure maps were determined by the FAA to be in compliance with 
applicable requirements on March 1, 1993. Notice of this determination 
was published in the Federal Register on March 15, 1993.
    The Kalamazoo/Battle Creek 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 the 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 November 18, 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 approval of such program.
    The submitted program contained sixteen (16) 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 May 17, 1994.
    Outright approval was granted for 15 of the 16 specific program 
elements. One proposed element to extend Runway 35 1,000 feet was 
disapproved pending submission of additional information regarding air 
traffic safety and efficiency.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Assistant Administrator for Airports on May 
17, 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;
Kalamazoo/Battle Creek International Airport, 5235 Portage Road, 
Kalamazoo, Michigan 49002.

    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Belleville, Michigan, August 3, 1994.
Dean C. Nitz,
Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. 94-20928 Filed 8-24-94; 8:45 am]
BILLING CODE 4910-13-M