
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2645-2646]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-155]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map and Noise Compatibility Program Notice for
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 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 June 21,
2009.

DATES: 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 December 24, 2008. The public
comment period ends February 21, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Glen Orcutt, Federal Aviation
Administration, Minneapolis Airport District Office, 6020 28th Ave.,
South, Minneapolis, MN 55450, phone number (612) 713-4354. 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 December 24, 2008. Further, FAA is reviewing a
proposed noise compatibility program for that airport which will be
approved or disapproved on or before June 21, 2009. This notice also
announces the availability of this program for public review and
comment.
    Under Sec.  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 non-compatible 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 to
take to reduce existing non-compatible uses and prevent the
introduction of additional non-compatible uses.
    The General Mitchell International Airport submitted to the FAA on
March 31, 2008 noise exposure maps, descriptions and other
documentation that were produced during the FAR Part 150 Noise
Compatibility Study Update. A final copy of the study was submitted to
the FAA on December 17, 2008. It was requested that the FAA review this
material as the noise exposure maps, as described in Sec.  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 Sec.  104(b) of the Act.
    The FAA has completed its review of the noise exposure maps and
related descriptions submitted by the General Mitchell International
Airport. The specific documentation determined to constitute the noise
exposure maps includes: Existing 2004 Noise Exposure Map (Figure D21)
and Future 2009 Noise Exposure Map (Figure I1) on pages D44 and 14 of
the Noise Compatibility Program. The FAA has determined that these maps
for General Mitchell International Airport are in compliance with
applicable requirements. This determination is effective on December
24, 2008. 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
determination does not constitute approval of the applicant's data,
information or plans, or constitute 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 Sec.  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
Sec.  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 detailed overlaying of noise exposure contours
onto the map depicting properties on the surface rests exclusively with
the airport operator that submitted those maps, or with those public
agencies and planning agencies with which consultation is required
under Sec.  103 of the Act. The FAA has relied on the certification by
the airport operator, under Sec.  150.21 of FAR Part 150, that the
statutorily required consultation has been accomplished.
    The FAA has formally received the noise compatibility program for
General Mitchell International Airport, also effective on December 24,
2008. Preliminary review of the submitted material indicates that it
conforms to the requirements for the submittal of noise compatibility
programs, but that further review will be necessary prior to approval
or disapproval of the program. The formal review period, limited by

[[Page 2646]]

law to a maximum of 180 days, will be completed on or before June 21,
2009.
    The FAA'S detailed evaluation will be conducted under the
provisions of 14 CFR Part 150, Sec.  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 non-compatible land uses and preventing the
introduction of additional non-compatible 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, Minneapolis Airport District Office,
6020 28th Ave., South, Minneapolis, MN 55450.
General Mitchell International Airport, 5300 South Howell Avenue,
Milwaukee, WI 53207.
    Questions may be directed to the individual named above under the
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Minneapolis, Minnesota, December 24, 2008.
Robert Huber,
Manager, Minneapolis Airports District Office, FAA Great Lakes Region.
[FR Doc. E9-535 Filed 1-14-09; 8:45 am]

BILLING CODE 4910-12-M
