[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47817-47818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16750]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice: Receipt of Noise Compatibility Program 
and Request for Review

AGENCY: Federal Aviation Administration, Department of Transportation 
(DOT).

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure maps submitted by the Duluth 
Airport Authority (DAA) for Duluth International Airport (DLH) under 
the provisions of the Aviation Safety and Noise Abatement Act and FAA 
regulations are in compliance with applicable requirements. The FAA 
also announces that it is reviewing a proposed noise compatibility 
program that was submitted for DLH in conjunction with the noise 
exposure map, and that this program will be approved or disapproved on 
or before October 8, 2022.

DATES: The FAA's determination on the noise exposure maps and of the 
start of its review of the associated noise compatibility program is 
effective April 11, 2022. The public comment period originally ended 
June 10, 2022, but was reopened due to requested DAA amendments and 
will run from August 1, 2022 to September 29, 2022.

FOR FURTHER INFORMATION CONTACT: Josh Fitzpatrick, 6020 South 28th 
Avenue, Suite 102, Minneapolis, MN 55450, [email protected], 
(612) 253-4639. 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 DLH are in compliance with 
applicable requirements of 14 CFR part 150, effective April 11, 2022. 
Further, FAA is reviewing a proposed noise compatibility program for 
that airport which will be approved or disapproved on or before October 
8, 2022. This notice also announces the availability of this program 
for public review and comment.
    Under 49 U.S.C., section 47503 (the Aviation Safety and Noise 
Abatement Act, 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 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 DAA submitted to the FAA on December 13, 2021, noise exposure 
maps, descriptions and other documentation that were produced during 
the 2020-2021 DLH part 150 Noise Compatibility Program Update. It was 
requested that the FAA review this material as the noise exposure maps, 
as described in section 47503 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 
47504 of the Act.
    The FAA has completed its review of the noise exposure maps and 
related descriptions submitted by the DAA. The specific documentation 
determined to constitute the noise exposure maps includes: Exhibit 3-1 
(Existing (2020) Baseline Noise Exposure Contour) and Exhibit 4-1 
(Future (2026) Noise Compatibility Program-Noise Exposure Map). 
Chapters 3 and 4 of the DLH part 150 update describe the baseline noise 
exposure maps and noise compatibility program in greater detail. The 
FAA has determined that these maps for DLH are in compliance with 
applicable requirements. This determination is effective on April 11, 
2022. 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 section 47503 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 47506 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 section 47503 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 
DLH, also effective on April 11, 2022. Preliminary review of the 
submitted material indicates that it conforms to the

[[Page 47818]]

requirements for the submittal of noise compatibility programs, but 
that further review will be necessary prior to approval or disapproval 
of the program. Since initial notification of the NCP on April 11, 
2022, DAA has decided to remove language from the NCP Measure M-D that 
recommended offering avigation easements to single family owner 
occupied homes within the block rounding area (NMPA #2). DAA has also 
decided to withdraw NCP Measure M-F which recommended offering 
avigation easements to single family owner occupied mobile homes within 
the block rounding area (NMPA #2). The decision to modify and withdraw 
these measures was based on FAA comments and the desire of the Airport 
to only recommended and put forth measures that the Airport can commit 
to implementing in the future, as funding becomes available. The formal 
review period, limited by law to a maximum of 180 days, will be 
completed on or before October 8, 2022.
    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 can be viewed online at the DLH website at 
https://duluthairport.com/noise-study/#documents. To review the 
documents in person, please contact the Airport by phone at (218) 727-
2968 to set up a visit in their office at: Duluth Airport Authority, 
Attn: Tom Werner 4701 Grinden Drive, Duluth, MN 55811.
    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Originally Issued in Minneapolis, Minnesota, April 11, 2022 and 
Amended August 1, 2022.
E. Lindsay Butler,
Manager, Dakota-Minnesota Airports District Office.
[FR Doc. 2022-16750 Filed 8-3-22; 8:45 am]
BILLING CODE 4910-13-P


