[Federal Register Volume 61, Number 194 (Friday, October 4, 1996)]
[Notices]
[Pages 52080-52081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25545]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Kansas City International Airport, Kansas City, Missouri; FAA
Approval of Noise Compatibility Program
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 city of
Kansas City under the provisions of Title I of the Aviation Safety and
Noise Abatement Act (ASNA) 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 February 9, 1996, the FAA determined that the Noise Exposure
Maps submitted by the city of Kansas City under part 150 were in
compliance with applicable requirements. On August 5, 1996, the
Associate Administrator for Airports approved the Kansas City
International Airport Noise Compatibility Program. Of the 24
recommended measures, 19 measures were approved, one measure was
partially approved, 3 measures were disapproved for part 150 purposes,
and one measure was disapproved pending further submittal of
information. While three measures were disapproved because they did not
meet part 150 criteria, they were zoning measures that the FAA would
encourage Kansas City to implement as a local measure outside of the
part 150 process.
EFFECTIVE DATE: The effective date of the FAA's approval of the Kansas
City International Airport Noise Compatibility Program is August 5,
1996.
FOR FURTHER INFORMATION CONTACT: Moira D. Keane, ACE-615B, Federal
Aviation Administration, Airports Division, 601 E. 12th St., Kansas
City, Missouri 64106. Telephone No. (816) 426-4731. Documents
reflecting this FAA action may be obtained from the same individual.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the Noise Compatibility Program for the Kansas
City International Airport, effective August 5, 1996.
Under Section 104(a) the Aviation Safety and Noise Abatement Act
(ASNA) of 1979, 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
[[Page 52081]]
agencies, airport users, and FAA personnel.
Each airport noise compatibility program developed in accordance
with 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
Aviation Safety and Noise Abatement Act of 1979, 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;
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 Regional Office in Kansas City, Missouri.
The city of Kansas City submitted to the FAA on August 14, 1995,
the Noise Exposure Maps, descriptions, and other documentation produced
during the Noise Compatibility Planning study. The Kansas City
International Airport Noise Exposure Maps were determined by FAA to be
in compliance with applicable requirements on February 9, 1996. Notice
of this determination was published in the Federal REgister on February
26, 1996.
The Kansas City 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 beyond the year 1998. 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 February 9, 1996, and was
required by a provision in the Act to approve or disapprove the program
within 180 days. 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 24 proposed actions for noise
abatement and 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 Associate Administrator effective August
5, 1996.
Outright approval was granted for 19 of the 24 program elements,
one measure was partially approved, 3 measures were disapproved for
part 150 purposes, and one measure was disapproved pending further
submittal of information. Some of the approved noise abatement measures
include establishment of informal preferential runway use program to
favor north flow, acquisition of ten homes south of the airport within
DNL 65 dB based on 1998 Noise Compatibility Plan, acquisition of
aviation easements over three residences within DNL 65 dB based on 1998
Noise Compatibility Plan, and implementation or maintenance of numerous
zoning measures.
These determinations are set forth in detail in a Record of
Approval endorsed by the Associate Administrator on August 5, 1996. 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 for the Kansas
City International Airport. Questions may be directed to the individual
named above under the heading, FOR FURTHER INFORMATION CONTACT.
Issued in Kansas City, Missouri, on September 24, 1996.
George A. Hendon,
Manager, Airports Division.
[FR Doc. 96-25545 Filed 10-3-96; 8:45 am]
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