[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Notices]
[Pages 48462-48463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16329]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Capital City Airport, 
Lansing, 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 Capital Region 
Airport Authority under the provisions of 49 U.S.C. (the Aviation 
Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') 
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 7, 2005 the FAA determined that the noise 
exposure maps submitted by Capital Region Airport Authority under part 
150 were in compliance with applicable requirements. On August 5, 2005, 
the FAA approved the Capital City Airport noise compatibility program. 
All of the recommendations of the program were approved. No program

[[Page 48463]]

elements relating to new or revised flight procedures for noise 
abatement were proposed by the airport operator.

DATES: The effective date of the FAA's approval of the Capital City 
Airport noise compatibility program is August 5, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Katherine S. Jones, Community 
Planner, Detroit Airports District Office, Metro Airport Center, 11677 
South Wayne Road, Suite 107, Romulus, Michigan, Phone (734) 229-2900. 
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 Capital 
City Airport, effective August 5, 2005.
    Under section 47504 of 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 non-compatible 
land uses and prevention of additional non-compatible 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 non-compatible land uses around the airport 
and preventing the introduction of additional non-compatible 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, seciton 
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 Airports District Office in Romulus, Michigan.
    Capital Region Airport Authority submitted to the FAA on February 
1, 2005, the noise exposure maps, descriptions, and other documentation 
produced during the noise compatibility planning study conducted from 
2004 through 2005. The Capital City Airport noise exposure maps were 
determined by FAA to be in compliance with applicable requirements on 
February 7, 2005. Notice of this determination was published in the 
Federal Register on March 18, 2005 (FR Doc. 05-5341 Filed 3-17-05; 8:45 
am).
    The Capital City Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
2005 to 2008. It was requested that the FAA evaluate and approve this 
material as a noise compatibility program as described in section 47504 
of the Act. The FAA began its review of the program on February 7, 2005 
and was required by a provision of the Act to approve or disapprove the 
program within 180 days (other that the use of new or modified 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 six (6) 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 FAA effective August 5, 2005.
    Outright approval was granted for all of the specific program 
elements. These elements were: Encourage real estate sellers to provide 
notification of potential noise impacts; Encourage local jurisdictions 
to require new development to provide proper sound insulation in noise-
impacted areas through the building code process; encourage local 
jurisdictions to enact/continue an environmental review process that 
allows for Airport review of new development to ensure consideration of 
noise issues/impacts; encourage local jurisdictions to develop policies 
related to noise impacts in Comprehensive Plans to encourage compatible 
development in noise-impacted areas; present noise exposure contours at 
various public outreach efforts to continue public awareness of 
community noise exposure; and update noise exposure maps in five years 
or with a significant change in aircraft activity, fleet mix, or 
physical layout.
    These determinations are set forth in detail in a Record of 
Approval signed by the Associate Administrator of Airports on August 5, 
2005. 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 administrative offices of the 
Capital Region Airport Authority, Capital City Airport, 4100 Capital 
City Boulevard, Lansing, Michigan 48906. The Record of Approval also 
will be available on-line at http://www.faa.gov/arp/environmental/14cfr150/index14.cfm.

    Issued in Romulus, Michigan, August 9, 2005.
Winsome A. Lenfert,
Acting Manager, Detroit Airports District Office.
[FR Doc. 05-16329 Filed 8-16-05; 8:45 am]
BILLING CODE 4910-13-M