Minneapolis-St Paul International (Wold-Chamberlain) Airport, Minneapolis, MN; Approval of Noise Compatibility Program

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]

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