[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Notices]
[Pages 48817-48819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23106]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of the Noise Compatibility Program for the 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 
findings on the Noise Compatibility Program (NCP) submitted by the 
Kansas City Aviation Department for the Kansas City International 
Airport under the provisions of 49 U.S.C. 47501 et seq. (formerly the 
Aviation Safety and Noise Abatement Act, hereinafter referred to as 
``the Act'') and 14 Code of Federal Regulations (CFR) Part 150 
(hereinafter referred to as ``Part 150''). On March 20, 2009, the FAA 
determined that the Noise Exposure Maps (NEM) submitted by the Kansas 
City Aviation Department under Part 150 were in compliance with 
applicable requirements. On September 14, 2009, the FAA approved the 
Kansas City International Airport noise compatibility program. All but 
two of the recommendations of the program were approved. No program 
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 Noise 
Compatibility Program for Kansas City International Airport is 
September 14, 2009.

FOR FURTHER INFORMATION CONTACT: Todd Madison, 901 Locust, Kansas City, 
Missouri, 64106-2325, [email protected], (816) 329-2640. 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 Kansas City 
International Airport, effective September 14, 2009.
    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 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 Part 150 program recommendations is measured 
according to the standards expressed in Part 150 and the Act and is 
limited to the following determinations:

[[Page 48818]]

    a. The Noise Compatibility Program was developed in accordance with 
the provisions and procedures of 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 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. Prior to an FAA decision on a request to implement the 
action, an environmental review of the proposed action may be required. 
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 under applicable law contained in Title 49 U.S.C. 
Where federal funding is sought, requests for project grants must be 
submitted to the FAA Regional Office in Kansas City, Missouri.
    The Kansas City International Airport study contains a proposed 
Noise Compatibility Program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
March 6, 2009, beyond the year 2013. 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 March 20, 2009, and was required by a provision of the Act 
to approve or disapprove the program within 180 days (other than 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 eighteen proposed actions for noise 
abatement, land use planning and program management on and off the 
airport. The FAA completed its review and determined that the 
procedural and substantive requirements of the Act and Part 150 have 
been satisfied. The overall program was approved by the FAA, effective 
September 14, 2009.
    Outright approval was granted for fourteen specific program 
measures. Two Noise Abatement Measures were approved by the FAA as 
voluntary measures only when weather and air traffic conditions permit. 
These procedures appear to apply to all aircraft at all times and are 
general ``good-neighbor'' guidance to pilots of these aircraft types. 
Approval of specific language for inclusion or amendment to FAA tower 
procedures is subject to separate FAA approval, and implementation 
requires an environmental analysis. Noise Abatement Measure One (NAM-1) 
is an informal preferential runway use program to favor north flow. 
Noise Abatement Measure Two (NAM-2) is a nighttime (10 p.m. to 6 a.m.) 
informal preferential runway use program involving landings on Runway 
1L and 19L and takeoffs on Runways 1R and 19R.
    Seven Land Use Management Measures were approved by the FAA. Land 
Use Management Measure Four (LUMM-4) was approved to expand the KCI 
General Development and Land Use Plan to include land south of Barry 
Road (City of Kansas City action). Land Use Management Measure Eight 
(LUMM-8) was approved to rezone land acquired by Kansas City Aviation 
Department to GP-8, airport and conservation (City of Kansas City 
action). Land Use Management Measure Twenty (LUMM-20) was approved to 
establish Airport Compatibility Overlay Districts with five tiered land 
use management zones within Kansas City (City of Kansas City action). 
Land Use Management Measure Twenty-one (LUMM-21) was approved to 
establish Airport Compatibility Overlay District with three tiered land 
use management zones within unincorporated Platte County (Platte County 
action). Land Use Management Measure Twenty-two (LUMM-22) was approved 
to establish Airport Compatibility Overlay Districts with land use 
management zones within Platte City (Platte City action). Land Use 
Management Measure Twenty-three (LUMM-23) was approved to acquire 
portions of four agriculturally-used parcels containing approximately 
400 acres of vacant land located within the 2013 NCP 65 Day-Night 
Average Sound Level (DNL) contour and located on the north side of 
Interstate-29 (Kansas City Aviation Department action). Land Use 
Management Measure Twenty-four (LUMM-24) was approved to acquire one 
property of approximately 17 acres surrounded by airport property 
(Kansas City Aviation Department action). In the FAA's approval of the 
preceding Land Use Management Measures, the FAA noted the following: 
The local governments have the authority to implement this measure; The 
Federal government has no authority to control local land uses; This 
approval is limited to potential noncompatible land uses within the DNL 
65 dB and higher noise contours; and, The local jurisdictions have the 
authority to pursue proposed land use controls for areas below the 65 
DNL noise contour.
    Two Land Use Management Measures were disapproved by the FAA. Land 
Use Management Measure Twenty-five (LUMM-25) was disapproved to acquire 
one parcel of approximately 60 acres lying within that area subject to 
65 DNL for the combined north and south flow traffic conditions and 
located between the south boundary of the airport property and the 
north boundary of Tiffany Springs Park and west of NW Hampton Road 
(Kansas City Aviation Department action). LUMM-25 was disapproved for 
purposes of Part 150 because the parcel of land is not within the 
average annual day 65 DNL on either the existing 2008 NEM or the 2013 
forecast NEM. Land Use Management Measure Twenty-six (LUMM-26) was 
disapproved to encourage Kansas City Parks and Recreation to acquire 
approximately 143 acres as shown for inclusion as part of the Tiffany 
Springs Park Master Plan (Kansas City Aviation Department action). 
LUMM-26 was disapproved for purposes of Part 150 because the parcel of 
land is not within the average annual day 65 DNL on either the existing 
2008 NEM or the 2013 forecast NEM.
    Seven Program Management Measures were approved by the FAA. Program 
Management Measure One (PMM-1) was approved to maintain a system for 
receiving and responding to noise complaints (Kansas City Aviation 
Department). Program Management Measure Four (PMM-4) was approved to 
designate airport staff position as liaison contact for noise and land 
use coordination with planning agencies (Kansas City Aviation 
Department). Program Management Measure Five

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(PMM-5) was approved to designate planning staff position as liaison 
contact for noise and land use coordination with Airport (Kansas City 
Planning Department, Platte County Planning, and Platte City Planning). 
Program Management Measure Six (PMM-6) was approved to implement a 
review process for development proposals within the land use 
compatibility zones approved within any jurisdiction (Kansas City 
Aviation Department, Kansas City Planning Department, Platte County 
Planning, and Platte City Planning). Program Management Measure Seven 
(PMM-7) was approved to initiate an update of the Noise Exposure Maps 
every five years or when equivalent (daytime + ten times nighttime) 
operations grow more than 17 percent above 2006 levels (Kansas City 
Aviation Department). Program Management Measure Eight (PMM-8) was 
approved to initiate an update of the Noise Compatibility Program every 
ten years or when/if equivalent (daytime + ten times nighttime) 
operations in any single year exceed that year's forecasts by more than 
40 percent (Kansas City Aviation Department), and the FAA noted in its 
approval that in addition to the Part 150 regulation's requirement to 
update NEMs when noise significantly increases, Part 150 also requires 
NEM amendments if noise significantly decreases (14 CFR 150.21(d)). 
Program Management Measure Nine (PMM-9) was approved to establish an 
environmental information page on the airport web Site, and the 
approval was limited to Part 150 information because Environmental 
Assessment and Environmental Impact Statement information is not 
approvable for purposes of Part 150.
    These determinations are set forth in detail in a Record of 
Approval signed by Jim A. Johnson, FAA Central Region Airports Division 
Manager, on September 14, 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 Kansas City Aviation Department. The 
Record of Approval also will be available on-line at: http://www.faa.gov/airports/environmental/airport_noise/part_150/states/.

    Issued in Kansas City, Missouri, on September 15, 2009.
Jim A. Johnson,
Manager, FAA Central Region Airports Division.
[FR Doc. E9-23106 Filed 9-23-09; 8:45 am]
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