[Federal Register Volume 60, Number 181 (Tuesday, September 19, 1995)]
[Notices]
[Pages 48585-48586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23210]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; Austin Straubel
International Airport, Green Bay, 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 Brown 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
January 20, 1995 the FAA determined that the noise exposure maps
submitted by Brown County under part 150 were in compliance with
applicable requirements. On July 19, 1995, the Administrator approved
the Austin Straubel International Airport noise compatibility program
as modified by supplemental information provided by the Austin Straubel
International Airport Manager dated June 15, 1995 and comments with
addenda and errata sheets dated November 16, 1995. Most of the
recommendations of the program were approved.
EFFECTIVE DATE: The effective date of the FAA's approval of the Austin
Straubel International Airport noise compatibility program is July 19,
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 program for Austin Straubel
International Airport, effective July 19, 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
[[Page 48586]]
required, and a 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.
Brown County submitted to the FAA on July 28, 1993 the noise
exposure maps, descriptions, and other documentation produced during
the noise compatibility planning study conducted from December 1991
through July 1993. The Austin Straubel International Airport noise
exposure maps were determined by FAA to be in compliance with
applicable requirements on January 20, 1995. Notice of this
determination was published in the Federal Register on February 21,
1995.
The Austin Straubel 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 January 20, 1995 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 fourteen (14) 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 July 19, 1995.
Outright approval was granted for twelve (12) of the fourteen (14)
specific program elements. Of the six (6) Operational Measures, the
four (4) that were approved include Part 91 Stage 2 phase out, runway
12/30 relocation, balanced runway use, and noise abatement climb
procedures. Both of the two (2) Capital Improvement Measures were
approved including acquisition of noise buffer zones and instrument
landing system (ILS) for runway 18. All six (6) of the Land Use
Measures were approved. These include comprehensive planning efforts,
airport zoning districts, compatible development of airport property,
noise level reduction requirements for new construction, airport noise
disclosure statements, and a citizens advisory committee.
The two (2) Operational Measures that were disapproved pending
submission of additional information were a restriction on ``touch &
go'' landing operations and the monitoring of non-emergency night
maintenance run-ups. The restriction on ``touch & go'' operations was
determined to be lacking adequate analysis to satisfy part 150 approval
requirements, such as how existing training operations might be
affected or how the proposal was determined to be noise beneficial. The
measure to monitor non-emergency night maintenance run-ups was also
lacking in adequate analysis such as discussion of the airport's
existing policy, existing location of run-ups in proximity to noise
sensitive land uses, or other factors required to meet the approval
requirements of 14 CFR part 150.
These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on July 19, 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 Brown County.
Issued in Minneapolis, Minnesota on August 22, 1995.
Robert A. Huber,
Acting Manager, Minneapolis Airports District Office.
[FR Doc. 95-23210 Filed 9-18-95; 8:45 am]
BILLING CODE 4910-13-M
