Approval of Noise Compatibility Program, Kalamazoo/Battle Creek International Airport, Kalamazoo, MI

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]

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