Noise Exposure Map Notice, Receipt of Noise Compatibility Program and Request for Review; General Mitchell International Airport, Milwaukee, WI

Federal RegisterOct 13, 1994

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Exposure Map Notice, Receipt of Noise Compatibility Program

and Request for Review; General Mitchell International Airport,

Milwaukee, WI

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its

determination that the noise exposure maps submitted by Milwaukee

County for General Mitchell International Airport 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 are in compliance with applicable

requirements. The FAA also announces that it is reviewing a proposed

noise compatibility program that was submitted for General Mitchell

International Airport under part 150 in conjunction with the noise

exposure map, and that this program will be approved or disapproved on

or before March 22, 1995.

EFFECTIVE DATE: The effective date of the FAA's determination on the

noise exposure maps and of the start of its review of the associated

noise compatibility program is September 23, 1994. The public comment

period ends November 22, 1994.

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. Comments on the proposed noise compatibility program

should also be submitted to the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds

that the noise exposure maps submitted for General Mitchell

International Airport are in compliance with applicable requirements of

part 150, effective September 23, 1994. Further, FAA is reviewing a

proposed noise compatibility program for that airport which will be

approved or disapproved on or before March 22, 1995. This notice also

announces the availability of this program for public review and

comment.

Under section 103 of title I of the Aviation Safety and Noise

Abatement Act of 1979 (hereinafter referred to as ``the Act''), an

airport operator may submit to the FAA noise exposure maps which meet

applicable regulations and which depict noncompatible land uses as of

the date of submission of such maps, a description of projected

aircraft operations, and the ways in which such operations will affect

such maps. The Act requires such maps to be developed in consultation

with interested and affected parties in the local community, government

agencies, and persons using the airport.

An airport operator who has submitted noise exposure maps that are

found by FAA to be in compliance with the requirements of Federal

Aviation Regulations (FAR) part 150, promulgated pursuant to title I of

the Act, may submit a noise compatibility program for FAA approval

which sets forth the measures the operator has taken or proposes for

the reduction of existing noncompatible uses and for the prevention of

the introduction of additional noncompatible uses.

Milwaukee County submitted to the FAA on December 3, 1993, noise

exposure maps, descriptions and other documentation which were produced

during the FAR part 150 Noise Compatibility Study from September 1989

to December 1993. It was requested that the FAA review this material as

the noise exposure maps, as described in section 103(a)(1) of the Act,

and that the noise mitigation measures, to be implemented jointly by

the airport and surrounding communities, be approved as a noise

compatibility program under section 104(b) of the Act.

The FAA has completed its review of the noise exposure maps and

related descriptions submitted by Milwaukee County. The specific maps

under consideration are the 1992 existing Noise Exposure Map and the

1997 future Noise Exposure Map. The FAA has determined that these maps

for General Mitchell International Airport are in compliance with

applicable requirements. This determination is effective on September

23, 1994. FAA's determination on an airport operator's noise exposure

maps is limited to a finding that the maps were developed in accordance

with the procedures contained in appendix A of FAR part 150. Such

determinations does not constitute approval of the applicant's data,

information or plans, or a commitment to approve a noise compatibility

program or to fund the implementation of that program.

If questions arise concerning the precise relationship of specific

properties to noise exposure contours depicted on a noise exposure map

submitted under section 103 of the Act, it should be noted that the FAA

is not involved in any way in determining the relative locations of

specific properties with regard to the depicted noise contours, or in

interpreting the noise exposure maps to resolve questions concerning,

for example, which properties should be covered by the provisions of

section 107 of the Act. These functions are inseparable from the

ultimate land use control and planning responsibilities of local

government. These local responsibilities are not changed in any way

under part 150 or through FAA's review of noise exposure maps.

Therefore, the responsibility for the detail overlaying of noise

exposure contours onto the map depicting properties on the surface

rests exclusively with the airport operator who submitted those maps,

or with those public agencies and planning agencies with which

consultation is required under section 103 of the Act. The FAA has

relied on the certification by the airport operator, under section

150.21 of FAR part 150, that the statutory required consultation has

been accomplished.

The FAA has formally received the noise compatibility program for

General Mitchell International Airport, also effective on September 23,

1994. Preliminary review of the submitted material indicates that it

conforms to the requirements for the submittal of noise compatability

programs, but that further review will be necessary prior to approval

or disapproval of the program. The formal review period, limited by law

to a maximum of 180 days, will be completed on or before March 22,

1995.

The FAA's detailed evaluation will be conducted under the

provisions of 14 CFR part 150, section 150.33. The primary

considerations in the evaluation process are whether the proposed

measures may reduce the level of aviation safety, create an undue

burden on interstate or foreign commerce, or be reasonably consistent

with obtaining the goal of reducing existing noncompatible land uses

and preventing the introduction of additional noncompatible land uses.

Interested persons are invited to comment on the proposed program

with specific reference to these factors. All comments, other than

those properly addressed to local land use authorities, will be

considered by the FAA to the extent practicable. Copies of the noise

exposure maps, the FAA's evaluation of the maps, and the proposed noise

compatibility program are available for examination at the following

locations:

Federal Aviation Administration, 800 Independence Avenue, SW., Room

617, Washington, D.C. 20591

Federal Aviation Administration, Minneapolis Airports District

Office, Room 102, 6020 28th Avenue South, Minneapolis, Minnesota

55450

General Mitchell International Airport, Administration Office, 5300

South Howell Avenue, Milwaukee, Wisconsin 53207-6189

Chief Librarian, City of Oak Creek, 8620 South Howell Avenue, Oak

Creek, Wisconsin 53154

Chief Librarian, City of St. Francis, 4235 South Nicholson Avenue,

St. Francis, Wisconsin 53207

Chief Librarian, Tippecanoe Library, 3912 South Howell Avenue,

Milwaukee, Wisconsin 53207

Chief Librarian, City of Greenfield, 7215 West Coldspring Road,

Greenfield, Wisconsin 53220

Chief Librarian, City of Franklin, 9229 West Loomis Road, Franklin,

Wisconsin 53132

Chief Librarian, City of Cudahy, 4665 South Packard Avenue, Cudahy,

Wisconsin 53110

Chief Librarian, City of Greendale, Village Hal, 5666 Broad Street,

Greendale, Wisconsin 53219

Chief Librarian, City of South Milwaukee, 1907 10th Avenue, South

Milwaukee, Wisconsin 53172

Questions may be directed to the individual named above under the

heading, FOR FURTHER INFORMATION CONTACT.

Issued in Minneapolis, Minnesota, September 23, 1994.

Franklin D. Benson,

Manager, Minneapolis Airports District Office, FAA Great Lakes Region.

[FR Doc. 94-25323 Filed 10-12-94; 8:45 am]

BILLING CODE 4910-13-M

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