[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Notices]
[Pages 30354-30355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14986]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program 14 CFR Part 150; Detroit 
Metropolitan Wayne County Airport, Detroit, 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 (NCP) submitted by Wayne 
County 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). The Detroit 
Metropolitan Wayne County Airport noise exposure maps were determined 
by FAA to be in compliance with applicable requirements on March 7, 
2006. Notice of this determination was published in the Federal 
Register on March 21, 2006, Federal Register volume 71, number 54, page 
14282.
    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.
    The submitted program contained twenty proposed actions for noise 
mitigation on and off the airport, as applicable. The FAA completed its 
review and determined that the procedural and substantive requirements 
of the Act and FAR part 150 have been satisfied.
    On June 1, 2009, the FAA approved the Detroit Metropolitan Wayne 
County Airport noise compatibility program. Fourteen of the twenty 
recommendations of the program were approved. Three recommendations are

[[Page 30355]]

related to revised flight procedures for noise abatement and require no 
action at this time. Three recommendations were disapproved at this 
time.
    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 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 Detroit Airports District Office.
    These determinations are set forth in detail in a Record of 
Approval signed by Deb Roth on June 1, 2009. 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 Detroit Metropolitan Wayne County 
Airport. The Record of Approval also will be available on-line at 
http://www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/part_150/states/.

DATES: Effective Date: The effective date of the FAA's approval of the 
Detroit Metropolitan Wayne County Airport noise compatibility program 
is June 1, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest Gubry, Detroit Airports 
District Office, 11677 South Wayne Road, Suite 107, Romulus, Michigan 
48174, 734-229-2905. Documents reflecting this FAA action may be 
reviewed at this same location.

    Dated: June 2, 2009.

    Issued in Romulus, Michigan.
Matthew J. Thys,
Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. E9-14986 Filed 6-24-09; 8:45 am]
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