[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14838-14839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7000]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review; Kansas City International Airport, Kansas City, 
MO

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 Kansas City 
Aviation Department for the Kansas City International Airport under the 
provisions of 49 U.S.C. 47501 et seq. (Aviation Safety and Noise 
Abatement Act, herein after referred to as ``the Act'') and 14 Code of 
Federal Regulations (CFR) part 150 (hereinafter referred to as ``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 the Kansas City International Airport under Part 
150 in conjunction with the noise exposure map, and that this program 
will be approved or disapproved on or before September 16, 2009.

DATES: 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 March 20, 2009. The public comment period ends 
May 19, 2009.

FOR FURTHER INFORMATION CONTACT: FAA, Todd Madison, ACE-61 1 F, 901 
Locust, Room 335, Kansas City, Missouri 64106-2325, 
[email protected], 816-329-2640. Comments on the proposed noise 
compatibility program should also be submitted to the above office.

SUPPLEMENTARY INFORMATION: This notice announces the FAA finds that the 
noise exposure maps submitted for the Kansas City International Airport 
are in compliance with applicable requirements of Part 150, effective 
March 20, 2009. Further, FAA is reviewing a proposed noise 
compatibility program for that airport which will be approved or 
disapproved on or before September 16, 2009. This notice also announces 
the availability of this program for public review and comment.
    Under 49 U.S.C., section 47503 of the Act, an airport operator may 
submit to the FAA noise exposure maps which meet applicable regulations 
and which depict non-compatible 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 Part 150, 
promulgated pursuant to the Act, may submit a noise compatibility 
program for FAA approval which sets forth the measures the operator has 
taken or proposes to take to reduce existing non-compatible uses and 
prevent the introduction of additional non-compatible uses.
    The Kansas City Aviation Department submitted to the FAA on March 
6, 2009, noise exposure maps, descriptions and other documentation that 
were produced during the ``2008 Update to 14 CFR Part 150 Noise 
Exposure Maps and

[[Page 14839]]

Noise Compatibility Program.'' It was requested that the FAA review 
this material as the noise exposure maps, as described in section 47503 
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 47504 of the Act.
    The FAA has completed its review of the noise exposure maps and 
related descriptions submitted by the Kansas City Aviation Department. 
The specific documentation determined to constitute the noise exposure 
maps includes: Current Noise Exposure Map (2008) as shown on Exhibit 
NEM-1, Future Noise Exposure Map/Noise Compatibility Program Map (2013) 
as shown on Exhibit NEM-2, and the associated supporting report, ``2008 
Update to 14 CFR Part 150 Noise Exposure Maps and Noise Compatibility 
Program'', which contains all other narrative, graphic, or tabular 
representations of the data as required by section Al 50.101 of Part 
150, and sections 47503 and 47506 of the Act. The FAA has determined 
that these maps for the Kansas City International Airport are in 
compliance with applicable requirements. This determination is 
effective on March 20, 2009. 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 constitute 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 47503 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 47506 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 or through FAA's review of noise exposure maps. 
Therefore, the responsibility for the detailed overlaying of noise 
exposure contours onto the map depicting properties on the surface 
rests exclusively with the airport operator that submitted those maps, 
or with those public agencies and planning agencies with which 
consultation is required under section 47503 of the Act. The FAA has 
relied on the certification by the airport operator, under section 
150.21 of Part 150, that the statutorily required consultation has been 
accomplished.
    The FAA has formally received the noise compatibility program for 
the Kansas City International Airport, also effective on March 20, 
2009. 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 disapproval of the program. The formal review period, limited by law 
to a maximum of 180 days, will be completed on or before September 16, 
2009.
    The FAA's detailed evaluation will be conducted under the 
provisions of section 150.33 of Part 150. 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 non compatible land uses and preventing the 
introduction of additional non-compatible land uses.
    Interested persons are invited to comment on the proposed program 
with specific reference to these factors. All relevant 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, Central Region Airports Division, 
Room 335, 901 Locust, Kansas City, Missouri 64106-2325, from 7:30 a.m. 
to 4 p.m.
    Lapondzia Jones, Kansas City Aviation Department, Kansas City 
International Airport, 601 Brasilia Avenue, Kansas City, Missouri 
64153-2054, from 8 a.m. to 5 p.m.
    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Kansas City, Missouri, March 20, 2009.
Jim A. Johnson,
Manager, Central Region Airports Division.
[FR Doc. E9-7000 Filed 3-31-09; 8:45 am]
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