[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6969]
[[Page Unknown]]
[Federal Register: March 24, 1994]
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DEPARTMENT OF TRANSPORTATION
Approval of Noise Compatibility Program; Wittman Regional Airport
Oshkosh, 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 Winnebago
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
August 18, 1993 the FAA determined that the noise exposure maps
submitted by Winnebago County under part 150 were in compliance with
applicable requirements. On February 14, 1994, the Administrator
approved the Wittman Regional Airport noise compatibility program. All
of the recommendations of the program were approved.
EFFECTIVE DATE: The effective date of the FAA's approval of the Wittman
Regional Airport noise compatibility program is February 14, 1994.
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 Wittman
Regional Airport, effective February 14, 1994.
Under section 104(a) of the Aviation Safety and Noise Abatement Act
of 1979 (hereafter 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, 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 Minneaposis--Airports District Office in
Minneapolis, Minnesota.
Winnebago County submitted to the FAA on December 29, 1992 the
noise exposure maps, descriptions, and other documentation produced
during the noise compatibility planning study conducted from April 1985
through December 1992. The Wittman Regional Airport noise exposure maps
were determined by FAA to be in compliance with applicable requirements
on August 18, 1993. Notice of this determination was published in the
Federal Register on September 9, 1993.
The Wittman Regional 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 1997. 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 August 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
shall be deemed to be an approval of such program.
The submitted program contained thirteen (13) 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 February 14, 1994.
Outright approval was granted for all five (5) of the land use
program elements. They included dedication of navigational easements,
acquisition of land, recommendations for zoning, programming of public
improvements and implementation of a public information program. The
one (1) continuing program measure was also approved. It provided for
future updating of the part 150 study.
The seven (7) noise abatement measures were approved as voluntary
measures. They included a runway use program, use of departure and
arrival procedures and a traffic pattern procedure.
These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on February 14, 1994. 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 of Winnebago County.
Issued in Minneapolis, Minnesota on March 1, 1994.
David R. Dyrstad,
Acting Manager, Minneapolis Airports District Office, FAA Great Lakes
Region.
[FR Doc. 94-6969 Filed 3-23-94; 8:45 am]
BILLING CODE 4910-13-M
