[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
