[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Notices]
[Pages 59228-59229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28622]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Oakland County 
International Airport; Pontiac, 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 Oakland County 
International Airport, Pontiac, 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 February 26, 1999, the FAA determined that 
the noise exposure maps submitted by Oakland County International 
Airport under Part 150 were in compliance with applicable requirements. 
On August 25, 1999, the FAA approved the Oakland County International 
Airport noise compatibility program. All of the recommendations of the 
program were approved. A total of 11 measures were included in the 
Oakland County International Airport recommended program. Of the 11 
measures, four are listed as ``Noise Abatement Measures,'' four are 
listed as ``Program Management Measures,'' and three are listed as 
``Land Use Measures.''

EFFECTIVE DATE: The effective date of the FAA's approval of the Oakland 
County International Airport noise compatibility program is August 25, 
1999.

FOR FURTHER INFORMATION CONTACT: Gary J. Migut, Federal Aviation 
Administration, Detroit Airports District Office, Willow Run Airport, 
East, 8820 Beck Road, Belleville, Michigan 48111, 734-487-7278. 
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 Oakland 
County International Airport, effective August 25, 1999.
    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 
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 a FAA implementing action. A request for 
Federal action or approval to implement specific noise compatibility 
measures may be 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 Detroit Airports District office in Belleville, 
Michigan.
    Oakland County International Airport submitted to the FAA on 
February 24, 1999, noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from July 5, 1996, through February 23, 1999. The

[[Page 59229]]

Oakland County International Airport noise exposure maps were 
determined by the FAA to be in compliance with applicable requirements 
on February 26, 1999. Notice of this determination was published in the 
Federal Register on March 8, 1999.
    The Oakland County 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 February 23, 1999 to beyond the year 2002. 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 February 26, 1999, 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 11 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 Associate Administrator for Airports effective Airports effective 
August 25, 1999.
    Outright approval was granted for all of the specific program 
elements. Issue One, a Land Use Measure, recommends that the Airport 
purchase of all homes within the 70 DNL noise contour. Issue Two, a 
Land use Measure, recommends that the Airport will sound attenuate, on 
a voluntary basis, those single family homes within the 65 or grater 
DNL noise contour which are economically feasible to attenuate. Issue 
Three, a Program Management Measure, recommends that the Airport will 
continue its Noise Concern/Citizen Liaison Program to record all noise 
concerns received from citizens. Issue four, a Program Management 
Measure, recommends that the Airport will update and monitor the FAR 
Part 150 Study at five-year increments or when a significant change in 
aircraft types or numbers of operations occurs. Issue Five, a Noise 
Abatement Measure, recommends that the Airport will institute a Fly 
Quiet Program in an effort to voluntarily reduce the noise levels 
associated with aircraft operations at the airport. For reasons of 
aviation safety, this approval does not extend to the use of monitoring 
equipment for enforcement purposes by in-situ measurement of any preset 
noise thresholds. Issue Six, a Noise Abatement Measure, recommends that 
the Airport will construct a run-up enclosure to be used for all jet 
run-up operations. Issue Seven, a Noise Abatement Measure, recommends 
that the Airport will construct a noise wall along the north boundary 
of the airport. Issue Eight, a Noise Abatement Measure, recommends that 
the Airport will until the noise wall is built, amend its Rules and 
Regulations to require the use of tugs in the northeast FBO area to 
pull Stage II jet aircraft to the taxiway. The FAA recognizes that this 
is a temporary measure whereby the nosier, Stage II aircraft will be 
towed from the apron to the taxiway in preparation for takeoff. This 
activity will crease upon completion of the noise wall. Issue Nine, 
Land Use Measure, recommends that the Airport will amend the 
Comprehensive Plan for both Waterford and White Lake Townships to 
reflect compatible future land use development. Issue Ten, a Program 
Management Measure, recommends that if the Airport determines the Fly 
Quiet Program is not meeting the voluntary State II phase out goals, 
then the Airport should initiate the request to fund an FAR Part 161 
Study to evaluate the use of Stage II business jets at night, or other 
measures as appropriate. After the Fly Quiet Program is in place for 
five years, a determination will be made concerning the initiation of a 
FAR Part 161 Study. The FAA emphasizes that this measure is recommended 
for approval for study only, and includes language that does not commit 
the FAA to any course of action as a result of that study. Issue 
Eleven, a Program Management Measure, recommends that the Airport will 
use and maintain the Advisory Committee organized for the Part 150 
Study subsequent to the completion of the Part 150 Study and meet on a 
semi-annual basis to discuss noise abatement issues and to evaluate the 
progress of the Fly Quiet Program.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Associate Administrator for Airports on August 
25, 1999. 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, 800 Independence Avenue, S.W., Room 
617, Washington, DC 20591.
Federal Aviation Administration, Detroit Airports District Office, 
Willow Run Airport, East, 8820 Beck Road, Belleville, Michigan 48111.
Mr. Karl Randall, Airport Manager, Oakland County International 
Airport, 6500 Highland Road, Waterford, Michigan 48327-1649.

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

    Issued in Belleville, Michigan, September 24, 1999.
Dean C. Nitz,
Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. 99-28622 Filed 11-1-99; 8:45 am]
BILLING CODE 4910-13-M