[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Pages 27802-27803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12900]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program Bishop International 
Airport Flint, MI

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 Bishop 
International Airport Authority, Michigan, 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 March 1, 1993, the FAA determined that the 
noise exposure maps submitted by Bishop International Airport Authority 
under Part 150 were in compliance with applicable requirements. On July 
25, 1994, the Assistant Administrator for Airports approved the Bishop 
International Airport noise compatibility program.
    All but one of the recommendations of the program were approved; 
Noise Abatement Item 1b was disapproved pending submittal of additional 
information. The approved program consists of two (2) noise abatement 
measure and five (5) land use measures.

effective date: The effective date of the FAA's approval of the Bishop 
International Airport noise compatibility program is July 25, 1994.

for further information contact: Ernest Gubry, Federal Aviation 
Administration, Detroit Airports District Office, Willow Run Airport, 
East, 8820 Beck Road, Belleville, Michigan 48111, 313-487-7280. 
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 Bishop 
International Airport, effective July 25, 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 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 
[[Page 27803]] 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 the 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 Detroit Airports District Office in Belleville, 
Michigan.
    Bishop International Airport Authority submitted noise exposure 
maps, descriptions, and other documentation produced during the noise 
compatibility planning study (conducted from August 1988 through 
September 1993) to the FAA. The Bishop International Airport noise 
exposure maps were determined by the FAA to be in compliance with 
applicable requirements on March 1, 1993. Notice of this determination 
was published in the Federal Register on March 15, 1993.
    The Bishop International 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 1999. 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 January 26, 1994, 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 
would have been deemed to be an approval of such program.
    The submitted program contained seven (7) proposed actions for 
noise mitigation. 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 July 25, 1994.
    Outright approval was granted for all of the specific program 
elements with the exception of Item 1b, Development of SIDS and STARS 
(Standard Instrument Departure and Standard Arrival Procedures), which 
was disapproved pending submittal of additional information.
    The approved items are:

Noise Abatement Procedures

1a. Voluntary Noise Abatement Procedures
2. Monitoring and Review of the Noise Exposure Maps/Noise Compatibility 
Plan Status

Land Use Measures

1. Land Acquisition and Relocation of Noise Impacted Mobile Homes
2. Easement Acquisition
3. Soundproofing and/or Climate Control for Locally Determined 
Qualified Compatible Residences
4. Airport Zoning/Overlay District
5. Real Estate Disclosure

    These determinations are set forth in detail in a Record of 
Approval endorsed by the Assistant Administrator for Airports on July 
25, 1994. The Record of Approval, as well as other evaluation materials 
and documents which comprised the submittal to the FAA, are available 
for review at the following locations:

Federal Aviation Administration, Detroit Airports District Office, 
Willow Run Airport, East, 8820 Beck Road, Belleville, Michigan 48111
Bishop International Airport Authority, Bishop International Airport, 
G-3425 W. Bristol Road, Flint, Michigan 48507-3183

    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Belleville, Michigan, May 11, 1995.
Jack D. Roemer,
Acting Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. 95-12900 Filed 5-24-95; 8:45 am]
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