[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Notices]
[Pages 65280-65282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23464]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Compatibility Program for Duluth International Airport, St. 
Louis County, Minnesota

AGENCY: Federal Aviation Administration, DOT.

ACTION: Approval of a Duluth International Airport (DLH) noise 
compatibility program.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings for the noise compatibility program submitted by DLH, see 
SUPPLEMENTARY INFORMATION for details. On April 11, 2022 the FAA 
determined that the noise exposure maps submitted by DLH were in 
compliance with applicable requirements. On October 6, 2022, the FAA 
approved the DLH noise compatibility program. All of the 
recommendations of the program were approved. No program elements 
relating to new or revised flight procedures for noise abatement were 
proposed by the DLH.

DATES: The effective date of the FAA's approval of the DLH noise 
compatibility program is October 6. 2022.

[[Page 65281]]


FOR FURTHER INFORMATION CONTACT: Josh Fitzpatrick, Federal Aviation 
Administration, Environmental Protection Specialist, 6020 South 28th 
Avenue, Room 102, Minneapolis, MN 55450, (612) 253-4639.

SUPPLEMENTARY INFORMATION: This notice announces FAA's approval of the 
noise compatibility program for DLH, effective on October 6, 2022. Per 
United States Code section 47504 (49 U.S.C. 47504) and Title 14, Code 
of Federal Regulations (CFR), part 150, an airport sponsor who 
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 sponsor for the reduction of existing non-compatible 
land uses and prevention of additional non-compatible land uses within 
the area covered by the noise exposure maps. As required by 49 U.S.C. 
47504, such programs must be developed in consultation with interested 
and affected parties including local communities, government agencies, 
airport users, and the FAA. The FAA does not substitute its judgment 
for that of the airport sponsor with respect to which measures should 
be recommended for action. The FAA approval or disapproval of an 
airports recommendations in their noise compatibility program are made 
in accordance with the requirements and standards pursuant to 49 U.S.C. 
47504 and 14 CFR part 150, which is limited to the following 
determinations:
    a. The noise compatibility program was developed in accordance with 
the provisions and procedures of 14 CFR 150.23;
    b. Program measures are reasonably consistent with achieving the 
goals of reducing existing non-compatible land uses around the airport 
and preventing the introduction of additional non-compatible 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 of FAA's approval of noise compatibility 
programs are delineated in 14 CFR 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 noise 
compatibility program nor a determination that all measures covered by 
the noise compatibility program are eligible for grant-in-aid funding 
from the FAA. Where federal funding is sought, requests must be 
submitted to the FAA Airports District Office at 6020 South 28th 
Avenue, Room 102, Minneapolis, MN 55450.
    DLH submitted to the FAA on December 13, 2021 the noise exposure 
maps, descriptions, and other documentation produced during the noise 
compatibility planning study conducted from October 2, 2019 and 
December 13, 2021. The DLH noise exposure maps were determined by FAA 
to be in compliance with applicable requirements on April 11, 2022. 
Notice of this determination was published in the Federal Register on 
April 15, 2022 ``87 FR 22616''.
    The DLH proposed noise compatibility program is comprised of 
actions designed for phased implementation by airport management and 
adjacent jurisdictions from December 13, 2021 to 2026. It was requested 
that the FAA evaluate and approve this material as a noise 
compatibility program as described in 49 U.S.C. 47504. The FAA began 
its review of the program on April 11, 2022 and was required by a 
provision of 49 U.S.C. 47504 to approve or disapprove the program 
within 180 days, other than the use of new or modified flight 
procedures for noise control. Failure to approve or disapprove such 
program within the 180-day period shall be deemed an approval of such 
program.
    The submitted program contained 12 proposed measures to minimize 
impacts of aviation noise on and off the airport. The FAA completed its 
review and determined that the procedural and substantive requirements 
of the 49 U.S.C. 47504 and 14 CFR part 150 were satisfied. The overall 
program, therefore, was approved by the FAA effective October 6, 2022.
    Outright approval was granted for all the specific program 
elements. Program elements include:
    Measure M-A: Offer Residential Sound-insulation Treatment to 
Single- and Multi-Family Homes (47 units) within the Average Day-Night 
Sound Level (DNL) 65 decibels (dB) and above Noise Contours. Offer 
Residential Sound-insulation treatment to Single- Family Homes (17 
units) within the Block Rounding Area outside the DNL 65 dB Noise 
Contour.
    Measure M-B (1997 NCP Measure M-1): Offer Land Acquisition Program 
to Single-Family Homes (7 units) within the DNL 70 dB and above Noise 
Contour.
    Measure M-C: Offer Land Acquisition to Birchwood Mobile Estates 
(102 Mobile Homes) within the Noise Mitigation Program Area (NMPA) #1 
boundary and 1 additional mobile home property located to the northwest 
of the airport within the DNL 65 dB and above noise contour.
    Measure M-D: Offer Avigation Easements to owner-occupied single-
family homes within NMPA #1 if acquisition (within DNL 70 dB noise 
contour only) and sound-insulation is declined.
    Measure M-E: Offer Avigation Easements to one (1) mobile home 
within NMPA #1, located along Lavaque Bypass Road, if acquisition is 
declined.
    Measure M-F: Develop an Airport Land Use Management District 
(ALUMD).
    Measure M-G: Adopt Updated Subdivision Regulations.
    Measure M-H: Adopt Improved Building Codes.
    Measure M-I: Develop a Voluntary Fair Disclosure Program.
    Measure P-A: Continue Logging of Noise Complaints.
    Measure P-B: Initiate Community Roundtable or Noise Abatement 
Committee.
    Measure P-C: Perform Regular Updates to the noise exposure map and 
review of the noise compatibility program.
    These determinations are set forth in detail in the Record of 
Approval signed by the FAA Airports Great Lakes Division Director on 
October 6, 2022. 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 the Duluth Airports Authority (DAA). The Record of Approval also 
will be available on the internet on the FAAs website at http://www.faa.gov/airports/environmental/airport_noise/part_150/states/ and 
the DLH website at https://duluthairport.com/noise-study/#documents.


[[Page 65282]]


    Issued in Chicago, IL, on October 6, 2022.
Susan Mowery-Schalk,
Director, Office of Airports, AGL-600, FAA Great Lakes Region.
[FR Doc. 2022-23464 Filed 10-27-22; 8:45 am]
BILLING CODE 4910-13-P


