[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6969]


[[Page Unknown]]

[Federal Register: March 24, 1994]


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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]
BILLING CODE 4910-13-M