[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22904]


[[Page Unknown]]

[Federal Register: September 16, 1994]


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DEPARTMENT OF TRANSPORTATION
 

Minneapolis-St Paul International (Wold-Chamberlain) Airport, 
Minneapolis, MN; Approval of Noise Compatibility Program

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 Metropolitan 
Airports Commission (MAC) under the provisions of Title I of the 
Aviation Safety and Noise Abatement Act of 1979 (Public Law 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 December 10, 1993, the FAA determined that the 
noise exposure maps submitted by Metropolitan Airports Commission under 
Part 150 were in compliance with applicable requirements. On June 8, 
1994, the Assistant Administrator approved the Minneapolis-St Paul 
International (Wold-Chamberlain) Airport noise compatibility program. 
Of the twenty two (22) noise abatement (NA) and land use (LU) measurers 
included in the program, thirteen (13) were approved outright, six (6) 
were approved on a voluntary basis, and the remaining three (3) were 
disapproved.

EFFECTIVE DATE: The effective date of the FAA's approval of the 
Minneapolis-St Paul International (Wold-Chamberlain) Airport noise 
compatibility program is June 8, 1994.

FOR FURTHER INFORMATION CONTACT:
John M. Dougherty, Federal Aviation Administration, Airports District 
Office, 6020 28th Avenue South, Minneapolis, MN 55450-2706, (612) 725-
4222. Documents reflecting this FAA action may be reviewed at this same 
location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the noise compatibility program for 
Minneapolis-St Paul International (Wold-Chamberlain) Airport, effective 
June 8, 1994.
    Under section 104(a) of the Aviation Safety and Noise Abatement Act 
of 1979 (hereinafter 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 which 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 pre-empted 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, section 
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 Minneapolis-Airports District Office in 
Minneapolis, Minnesota.
    The Metropolitan Airports Commission submitted to the FAA on Marcy 
30, 1992 the noise exposure maps, descriptions, and other documentation 
produced during the noise compatibility planning study conducted from 
November 1, 1990 through March 16, 1992. The Minneapolis-St Paul 
International (Wold-Chamberlain) Airport noise exposure maps were 
determined by FAA to be in compliance with applicable requirements on 
December 10, 1993. Notice of this determination was published in the 
Federal Register on January 5, 1994.
    The Minneapolis-St Paul International (Wold-Chamberlain) 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 through the 
year 1996. 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 December 
10, 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 twenty two (22) proposed actions 
for noise mitigation on and/or 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 June 8, 1994.
    Outright approval was granted for thirteen (13) of the specific 
program elements, six (6) elements were approved on a voluntary basis 
only, and the remaining three (3) were disapproved. The three 
disapproved elements consisted of an extension of Runway 4/22, which 
was disapproved for purposes of the Part 150; a Standard instrument 
Procedure (SID), which was disapproved due to safety and efficiency 
concerns; and a freeze on Stage 2 operations during the nighttime 
hours, which was disapproved since the required Part 161 process had 
not been successfully completed. Additional information is provided in 
the Noise Compatibility Plan and in the Record of Approval.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Assistant Administrator on June 8, 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, the Federal Aviation Administration, 800 
Independence Avenue SW, Room 617, Washington, DC and at the 
administrative offices of the Metropolitan Airports Commission located 
at 6040 28th Avenue South, Minneapolis, Minnesota.
    Questions on this FAA determination may be directed to the 
individual named above under the heading FOR FURTHER INFORMATION 
CONTACT.

    Issued in Minneapolis, Minnesota on August 10, 1994.
Robert A. Huber,
Acting Manager, Minneapolis Airports District Office, Minneapolis, 
Minnesota, FAA Great Lakes Region.
[FR Doc. 94-22904 Filed 9-15-94; 8:45 am]
BILLING CODE 4910-13-M