[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Pages 72025-72026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29899]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Compatibility Program Notice for W.M. Kellogg Airport, 
Battle Creek, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure maps submitted by the City of 
Battle Creek, Michigan for W.K. Kellogg 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'') is 
in compliance with applicable requirements. The FAA also announces that 
it is reviewing a proposed noise compatibility program that was 
submitted for W.K. Kellogg Airport under part 150 in conjunction with 
the noise exposure map, and that this program will be approved or 
disapproved on or before April 28, 2012.

DATES: Effective Date: 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 November 1, 2011. The public 
comment period ends December 30, 2011.

FOR FURTHER INFORMATION CONTACT: Katherine S. Delaney, 11677 S. Wayne 
Road, Suite 107, Romulus, MI 48174, Email: [email protected], 
Phone: (734) 229-2900. 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 W.K. Kellogg Airport are in 
compliance with applicable requirements of Part 150, effective November 
1, 2011. Further, FAA is reviewing a proposed noise compatibility 
program for that airport which will be approved or disapproved on or 
before April 28, 2012. This notice also announces the availability of 
this program for public review and comment.
    Under 49 U.S.C., 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 City of Battle Creek submitted to the FAA on December 20, 2010 
noise exposure maps, descriptions and other documentation that were 
produced during the W.K. Kellogg Airport 14 CFR Part 150 Noise 
Compatibility Study. 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 City of Battle Creek. The 
specific documentation determined to constitute the noise exposure maps 
includes: Figure D19 (Existing Noise Exposure Map--2009); Figure I1 
(Future Noise Exposure Map with Existing Land Use--2015); Figure D15 
(Southwest Flow INM Flight Tracks); Figure D16 (Northeast Flow INM 
Flight Tracks); Figure D17 (East/West Flow INM Flight Tracks); Figure 
D18 (Touch & Go INM Flight Tracks--Fixed Wing). Information pertinent 
to the aircraft operations, fleet mix, runway utilization, and 
nighttime use are located in Chapter D, pages D27 through D31. This is 
inclusive of all tables. Information about noise monitoring sites is 
located in Table C11 and pages C27 through C32. The FAA has determined 
that these maps for W.K. Kellogg Airport are in compliance with 
applicable requirements. This determination is effective on November 1, 
2011. 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 14 CFR 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

[[Page 72026]]

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 
W.K. Kellogg Airport, also effective on November 1, 2011. 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 April 28, 2012.
    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 comments should be sent 
to Katherine S. Delaney at the address under FOR FURTHER INFORMATION 
CONTACT. 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, Detroit Airports District Office, 
11677 S. Wayne Road, Ste. 107, Romulus, MI 48174, 8 a.m.-4:30 p.m.
W.K. Kellogg Airport, Mr. Lawrence Bowron, 15551 S. Airport Road, 
Battle Creek, MI 49015, 8 a.m.-4:30 p.m.

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

    Issued in Romulus, Michigan, November 1, 2011.
John L. Mayfield, Jr.,
Manager, Detroit Airports District Office.
[FR Doc. 2011-29899 Filed 11-18-11; 8:45 am]
BILLING CODE 4910-13-P