[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)]
[Notices]
[Pages 21020-21022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10513]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; 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 submitted by Milwaukee
County 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
September 23, 1994 the FAA determined that the noise exposure maps
submitted by Milwaukee County under part 150 were in compliance with
applicable requirements. On March 22, 1995, the Administrator approved
the General Mitchell International Airport noise compatibility program.
Most of the recommendations of the program were approved.
EFFECTIVE DATE: The effective date of the FAA's approval of the General
Mitchell International Airport noise compatibility program is March 22,
1995.
FOR FURTHER INFORMATION CONTACT:
William J. Flanagan, Federal Aviation Administration, Airports District
Office, room 102, 6020 28th Avenue South, Minneapolis, Minnesota 55450,
(612) 725-4463. Documents reflecting this FAA action may be reviewed at
this location.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the noise compatibility program for General
[[Page 21021]] Mitchell International Airport, effective March 22,
1995.
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 that 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 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 in
Minneapolis, Minnesota.
Milwaukee County submitted to the FAA on December 2, 1993 the noise
exposure maps, descriptions, and other documentation produced during
the noise compatibility planning study conducted from September 1989
through December 1993. The General Mitchell International Airport noise
exposure maps were determined by FAA to be in compliance with
applicable requirements on September 23, 1994. Notice of this
determination was published in the Federal Register on October 13,
1994.
The General Mitchell 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 2000. 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 September 23, 1994 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 shall be deemed to be an approval of such program.
The submitted program contained thirty-two (32) proposed actions
for noise mitigation on and off the Airport. 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 March 22, 1995.
Outright approval was granted for twenty-seven (27) of the specific
program elements. The five (5) out of nine (9) noise abatement measures
approved included new departure procedures and purchase of an engine
runup noise suppresser. The fifteen (15) out of sixteen (16) land use
measures approved included amendments to zoning regulations, amendments
to subdivision regulations, amendments to building codes, amendments to
land use plans, preparation of economic development/redevelopment
plans, land acquisition, sound insulation of homes, schools, churches
and a nursing home, easement acquisitions and a sales assistance
program. All seven (7) of the continuing program measures were
approved. They included publication of noise abatement procedures, a
noise complaint response system, monitoring of aircraft activity and
fleet conversion, development of a flight tracking and noise monitoring
system, evaluating and updating the NCP and establishment of a noise
abatement and mitigation staff.
The one (1) land use measure that was partially approved included
acquisition of scattered homes within runway protection zones and DNL
70 contour. The portion removed from approval was the acquisition of
vacant lots, pending demonstration at time of acquisition, the property
is still within the DNL 65 and has either been or is in imminent danger
of being developed incompatibly.
The four (4) noise abatement measures that were disapproved
included revision of the informal runway use program and noise
abatement departure procedures. The revised informal runway use program
resulted in an overall net increase of persons affected by significant
noise. The departure procedure encouraging continued use of engine
thrust-back techniques was disapproved pending receipt of additional
information on the specific proposed procedure for each runway as
described in Advisory Circular 91-53A and the resulting noise benefits.
The departure procedures from runway 19R using installation of a DME
and VOR to define left turns at 2 DME (a point over the departure end
of 19R) onto a noise abatement flight track until 4 DME was disapproved
as an unsafe operation because it required a turn in close proximity to
the ground.
These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on March 22, 1995. 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 airport administrative offices of Milwaukee
County.
[[Page 21022]] Issued in Minneapolis, Minnesota on April 17,
1995.
Franklin D. Benson,
Manager, Minneapolis Airports District Office, FAA Great Lakes Region.
[FR Doc. 95-10513 Filed 4-27-95; 8:45 am]
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