[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22904]
[[Page Unknown]]
[Federal Register: September 16, 1994]
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DEPARTMENT OF TRANSPORTATION
Minneapolis-St Paul International (Wold-Chamberlain) Airport,
Minneapolis, MN; 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 Metropolitan
Airports Commission (MAC) 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 December 10, 1993, the FAA determined that the
noise exposure maps submitted by Metropolitan Airports Commission under
Part 150 were in compliance with applicable requirements. On June 8,
1994, the Assistant Administrator approved the Minneapolis-St Paul
International (Wold-Chamberlain) Airport noise compatibility program.
Of the twenty two (22) noise abatement (NA) and land use (LU) measurers
included in the program, thirteen (13) were approved outright, six (6)
were approved on a voluntary basis, and the remaining three (3) were
disapproved.
EFFECTIVE DATE: The effective date of the FAA's approval of the
Minneapolis-St Paul International (Wold-Chamberlain) Airport noise
compatibility program is June 8, 1994.
FOR FURTHER INFORMATION CONTACT:
John M. Dougherty, Federal Aviation Administration, Airports District
Office, 6020 28th Avenue South, Minneapolis, MN 55450-2706, (612) 725-
4222. 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
Minneapolis-St Paul International (Wold-Chamberlain) Airport, effective
June 8, 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 pre-empted 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.
The Metropolitan Airports Commission submitted to the FAA on Marcy
30, 1992 the noise exposure maps, descriptions, and other documentation
produced during the noise compatibility planning study conducted from
November 1, 1990 through March 16, 1992. The Minneapolis-St Paul
International (Wold-Chamberlain) Airport noise exposure maps were
determined by FAA to be in compliance with applicable requirements on
December 10, 1993. Notice of this determination was published in the
Federal Register on January 5, 1994.
The Minneapolis-St Paul International (Wold-Chamberlain) 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 through the
year 1996. 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 December
10, 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 twenty two (22) proposed actions
for noise mitigation on and/or 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 June 8, 1994.
Outright approval was granted for thirteen (13) of the specific
program elements, six (6) elements were approved on a voluntary basis
only, and the remaining three (3) were disapproved. The three
disapproved elements consisted of an extension of Runway 4/22, which
was disapproved for purposes of the Part 150; a Standard instrument
Procedure (SID), which was disapproved due to safety and efficiency
concerns; and a freeze on Stage 2 operations during the nighttime
hours, which was disapproved since the required Part 161 process had
not been successfully completed. Additional information is provided in
the Noise Compatibility Plan and in the Record of Approval.
These determinations are set forth in detail in a Record of
Approval endorsed by the Assistant Administrator on June 8, 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, the Federal Aviation Administration, 800
Independence Avenue SW, Room 617, Washington, DC and at the
administrative offices of the Metropolitan Airports Commission located
at 6040 28th Avenue South, Minneapolis, Minnesota.
Questions on this FAA determination may be directed to the
individual named above under the heading FOR FURTHER INFORMATION
CONTACT.
Issued in Minneapolis, Minnesota on August 10, 1994.
Robert A. Huber,
Acting Manager, Minneapolis Airports District Office, Minneapolis,
Minnesota, FAA Great Lakes Region.
[FR Doc. 94-22904 Filed 9-15-94; 8:45 am]
BILLING CODE 4910-13-M
