Approval of Noise Compatibility Program Kent County International Airport Grand Rapids, Michigan

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Approval of Noise Compatibility Program Kent County International

Airport Grand Rapids, Michigan

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 Kent County,

Michigan, 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

October 29, 1993, the FAA determined that the noise exposure maps

submitted by Kent County under Part 150 were in compliance with

applicable requirements. On April 26, 1994, the Assistant Administrator

for Airports approved the Kent County International Airport noise

compatibility program.

A total of ten (10) measures were included in the Kent County

International Airport recommended program. Of the ten (10) measures,

two (2) are ``Program Management,'' three (3) are ``Noise Abatement,''

and five (5) are ``Land Use.'' The FAA gave outright approval for nine

(9) measures; the tenth measure was given partial approval.

EFFECTIVE DATE: The effective date of the FAA's approval of the Kent

County International Airport noise compatibility program is April 26,

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 Kent County

International Airport, effective April 26, 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.

Kent County submitted to the FAA on May 4, 1992, noise exposure

maps, descriptions, and other documentation produced during the noise

compatibility planning study conducted from September 24, 1987 through

May 4, 1992. The Kent County International Airport noise exposure maps

were determined by the FAA to be in compliance with applicable

requirements on March 4, 1993. Notice of this determination was

published in the Federal Register on March 22, 1993.

The Kent County 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 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 October 29, 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 an approval of such program.

The submitted program contained ten (10) 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 April 26, 1994.

Outright approval was granted for nine (9) of the specific program

elements. ``Land Use Measure No. 2'' was partially approved. The

measure included non-noise related zoning (height and safety). For the

purpose of Part 150, only the noise zoning was approved. The other

approved measures include: Noise Abatement Advisory Committee, Noise

Complaint Program, Noise Abatement Departure Procedures, Greater

Percent of Stage 3 Aircraft, Portable Noise Monitoring Equipment,

Comprehensive Land Use Planning and Zoning, Utilize Disclosure

Ordinance, Acoustical Treatment/Aviation Easements, and Purchase

Assurance Program.

These determinations are set forth in detail in a Record of

Approval endorsed by the Assistant Administrator for Airports on April

26, 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

Kent County Department of Aeronautics, Kent County International

Airport, 5500 44th Street, SE., Grand Rapids, Michigan 49512

Questions may be directed to the individual named above under the

heading, FOR FURTHER INFORMATION CONTACT.

Issued in Belleville, Michigan, July 1, 1994.

Dean C. Nitz,

Manager, Detroit Airports District Office, Great Lakes Region.

[FR Doc. 94-17801 Filed 7-20-94; 8:45 am]

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