[Federal Register Volume 60, Number 181 (Tuesday, September 19, 1995)]
[Notices]
[Pages 48585-48586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23210]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Austin Straubel 
International Airport, Green Bay, 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 Brown 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 
January 20, 1995 the FAA determined that the noise exposure maps 
submitted by Brown County under part 150 were in compliance with 
applicable requirements. On July 19, 1995, the Administrator approved 
the Austin Straubel International Airport noise compatibility program 
as modified by supplemental information provided by the Austin Straubel 
International Airport Manager dated June 15, 1995 and comments with 
addenda and errata sheets dated November 16, 1995. Most of the 
recommendations of the program were approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the Austin 
Straubel International Airport noise compatibility program is July 19, 
1995.

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 program for Austin Straubel 
International Airport, effective July 19, 1995.

    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 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, 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 

[[Page 48586]]
required, and a 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.
    Brown County submitted to the FAA on July 28, 1993 the noise 
exposure maps, descriptions, and other documentation produced during 
the noise compatibility planning study conducted from December 1991 
through July 1993. The Austin Straubel International Airport noise 
exposure maps were determined by FAA to be in compliance with 
applicable requirements on January 20, 1995. Notice of this 
determination was published in the Federal Register on February 21, 
1995.
    The Austin Straubel 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 2000. 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 20, 1995 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 fourteen (14) 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 July 19, 1995.
    Outright approval was granted for twelve (12) of the fourteen (14) 
specific program elements. Of the six (6) Operational Measures, the 
four (4) that were approved include Part 91 Stage 2 phase out, runway 
12/30 relocation, balanced runway use, and noise abatement climb 
procedures. Both of the two (2) Capital Improvement Measures were 
approved including acquisition of noise buffer zones and instrument 
landing system (ILS) for runway 18. All six (6) of the Land Use 
Measures were approved. These include comprehensive planning efforts, 
airport zoning districts, compatible development of airport property, 
noise level reduction requirements for new construction, airport noise 
disclosure statements, and a citizens advisory committee.
    The two (2) Operational Measures that were disapproved pending 
submission of additional information were a restriction on ``touch & 
go'' landing operations and the monitoring of non-emergency night 
maintenance run-ups. The restriction on ``touch & go'' operations was 
determined to be lacking adequate analysis to satisfy part 150 approval 
requirements, such as how existing training operations might be 
affected or how the proposal was determined to be noise beneficial. The 
measure to monitor non-emergency night maintenance run-ups was also 
lacking in adequate analysis such as discussion of the airport's 
existing policy, existing location of run-ups in proximity to noise 
sensitive land uses, or other factors required to meet the approval 
requirements of 14 CFR part 150.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on July 19, 1995. 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 airport administrative offices of Brown County.

    Issued in Minneapolis, Minnesota on August 22, 1995.
Robert A. Huber,
Acting Manager, Minneapolis Airports District Office.
[FR Doc. 95-23210 Filed 9-18-95; 8:45 am]
BILLING CODE 4910-13-M