[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Notices]
[Pages 53665-53666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25585]



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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review; Kenosha Regional Airport, Kenosha, WI

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure maps submitted by The City of 
Kenosha for Kenosha Regional Airport 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 are in compliance with applicable requirements. The 
FAA also announces that it is reviewing a proposed noise compatibility 
program that was submitted for Kenosha Regional Airport under part 150 
in conjunction with the noise exposure map, and that this program will 
be approved or disapproved on or before March 25, 1996.

EFFECTIVE DATE: The effective date of the FAA's determination on the 
noise exposure maps and of the start of its review of the associated 
noise compatibility program is September 27, 1995. The public comment 
period ends November 27, 1995.

FOR FURTHER INFORMATION CONTACT: John Michael Dougherty, Federal 
Aviation Administration, Airports District Office, room 102, 6020 28th 
Avenue South, Minneapolis, Minnesota 55450, (612) 725-4222. Comments on 
the proposed noise compatibility program should also be submitted to 
the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds 

[[Page 53666]]
that the noise exposure maps submitted for Kenosha Regional Airport are 
in compliance with applicable requirements of part 150, effective 
September 27, 1995. Further, FAA is reviewing a proposed noise 
compatibility program for that airport which will be approved or 
disapproved on or before March 25, 1996. This notice also announces the 
availability of this program for public review and comment.
    Under section 103 of title I of the Aviation Safety and Noise 
Abatement Act of 1979 (hereinafter referred to as ``the Act''), an 
airport operator may submit to the FAA noise exposure maps which meet 
applicable regulations and which depict noncompatible land uses as of 
the date of submission of such maps, a description of projected 
aircraft operations, and the ways in which such operations will affect 
such maps. The Act requires such maps to be developed in consultation 
with interested and affected parties in the local community, government 
agencies, and persons using the airport.
    An airport operator who has submitted noise exposure maps that are 
found by FAA to be in compliance with the requirements of Federal 
Aviation Regulations (FAR) part 150, promulgated pursuant to title I of 
the Act, may submit a noise compatibility program for FAA approval 
which sets forth the measures the operator has taken or proposes for 
the reduction of existing noncompatible uses and for the prevention of 
the introduction of additional noncompatible uses.
    The City of Kenosha submitted to the FAA on December 21, 1994, 
noise exposure maps, descriptions and other documentation which were 
produced during the FAR part 150 Noise Compatibility Study from April 
1992 to December 1994. It was requested that the FAA review this 
material as the noise exposure maps, as described in section 103(a)(1) 
of the Act, and that the noise mitigation measures, to be implemented 
jointly by the airport and surrounding communities, be approved as a 
noise compatibility program under section 104(b) of the Act.
    The FAA has completed its review of the noise exposure maps and 
related descriptions submitted by The City of Kenosha. The specific 
maps under consideration are the 1992 existing Noise Exposure Map and 
the 1997 future Noise Exposure Map. The FAA has determined that these 
maps for Kenosha Regional Airport are in compliance with applicable 
requirements. This determination is effective on September 27, 1995. 
FAA's determination on an airport operator's noise exposure maps is 
limited to a finding that the maps were developed in accordance with 
the procedures contained in appendix A of FAR part 150. Such 
determination does not constitute approval of the applicant's data, 
information or plans, or a commitment to approve a noise compatibility 
program or to fund the implementation of that program.
    If questions arise concerning the precise relationship of specific 
properties to noise exposure contours depicted on a noise exposure map 
submitted under section 103 of the Act, it should be noted that the FAA 
is not involved in any way in determining the relative locations of 
specific properties with regard to the depicted noise contours, or in 
interpreting the noise exposure maps to resolve questions concerning, 
for example, which properties should be covered by the provisions of 
section 107 of the Act. These functions are inseparable from the 
ultimate land use control and planning responsibilities of local 
government. These local responsibilities are not changed in any way 
under part 150 of through FAA's review of noise exposure maps. 
Therefore, the responsibility for the detail overlaying of noise 
exposure contours onto the map depicting properties on the surface 
rests exclusively with the airport operator who submitted those maps, 
or with those public agencies and planning agencies with which 
consultation is required under section 103 of the Act. The FAA has 
relied on the certification by the airport operator, under section 
150.21 of FAR part 150, that the statutory required consultation has 
been accomplished.
    The FAA has formerly received the noise compatibility program for 
Kenosha Regional Airport, also effective on September 27, 1995. 
Preliminary review of the submitted material indicates that it conforms 
to the requirements for the submittal of noise compatibility programs, 
but that further review will be necessary prior to approval or 
disapproved of the program. The formal review period, limited by law to 
a maximum of 180 days, will be completed on or before March 25, 1996.
    The FAA's detailed evaluation will be conducted under the 
provisions of 14 CFR part 150, section 150.33. The primary 
considerations in the evaluation process are whether the proposed 
measures may reduce the level of aviation safety, create an undue 
burden on interstate or foreign commerce, or be reasonably consistent 
with obtaining the goal of reducing existing noncompatible land uses 
and preventing the introduction of additional noncompatible land uses.
    Interested persons are invited to comment on the proposed program 
with specific reference to these factors. All comments, other than 
those properly addressed to local land use authorities, will be 
considered by the FAA to the extent practicable. Copies of the noise 
exposure maps, the FAA's evaluation of the maps, and the proposed noise 
compatibility program are available for examination at the following 
locations:

Federal Aviation Administration, 800 Independence Avenue, SW., Room 
617, Washington, D.C. 20591
Federal Aviation Administration, Minneapolis Airports District Office, 
Room 102, 6020 28th Avenue South, Minneapolis Minnesota 55450
Office of the Airport Director, Kenosha Regional Airport, 9900 52nd 
Street, Kenosha, Wisconsin 53144
Wisconsin Bureau of Aeronautics, State Transportation Building, Room 
701, 4802 Sheboygan Avenue, Madison, Wisconsin 53707

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

    Issued in Minneapolis, Minnesota, September 27, 1995.
Franklin D. Benson,
Manager, Minneapolis Airports District Office, FAA Great Lakes Region.
[FR Doc. 95-25585 Filed 10-13-95; 8:45 am]
BILLING CODE 4910-13-M