Approval of Noise Compatibility Program; Wittman Regional Airport Oshkosh, WI

DEPARTMENT OF TRANSPORTATION

Approval of Noise Compatibility Program; Wittman Regional Airport

Oshkosh, 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 Winnebago

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

August 18, 1993 the FAA determined that the noise exposure maps

submitted by Winnebago County under part 150 were in compliance with

applicable requirements. On February 14, 1994, the Administrator

approved the Wittman Regional Airport noise compatibility program. All

of the recommendations of the program were approved.

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

Regional Airport noise compatibility program is February 14, 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. 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 compatibility program for Wittman

Regional Airport, effective February 14, 1994.

Under section 104(a) of the Aviation Safety and Noise Abatement Act

of 1979 (hereafter 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, 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 Minneaposis--Airports District Office in

Minneapolis, Minnesota.

Winnebago County submitted to the FAA on December 29, 1992 the

noise exposure maps, descriptions, and other documentation produced

during the noise compatibility planning study conducted from April 1985

through December 1992. The Wittman Regional Airport noise exposure maps

were determined by FAA to be in compliance with applicable requirements

on August 18, 1993. Notice of this determination was published in the

Federal Register on September 9, 1993.

The Wittman Regional 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 1997. 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 August 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

shall be deemed to be an approval of such program.

The submitted program contained thirteen (13) 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 February 14, 1994.

Outright approval was granted for all five (5) of the land use

program elements. They included dedication of navigational easements,

acquisition of land, recommendations for zoning, programming of public

improvements and implementation of a public information program. The

one (1) continuing program measure was also approved. It provided for

future updating of the part 150 study.

The seven (7) noise abatement measures were approved as voluntary

measures. They included a runway use program, use of departure and

arrival procedures and a traffic pattern procedure.

These determinations are set forth in detail in a Record of

Approval endorsed by the Administrator on February 14, 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 and at the administrative offices of Winnebago County.

Issued in Minneapolis, Minnesota on March 1, 1994.

David R. Dyrstad,

Acting Manager, Minneapolis Airports District Office, FAA Great Lakes

Region.

[FR Doc. 94-6969 Filed 3-23-94; 8:45 am]

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