Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 48817 

Probable Effects: The purpose of the 

EIR/EIS process is to evaluate, in a 

public setting, the potential effects of 

the proposed project on the physical, 

human, and natural environment. The 

FRA and Authority will continue the 

tiered evaluation of significant 

environmental, social, and economic 

impacts of the construction and 

operation of the LA–SD Section of the 

HST System. Impact areas to be 

addressed include transportation 

impacts; safety and security; land use 

and zoning; land acquisition, 

displacements, and relocations; 

cumulative and secondary impacts; 

agricultural land impacts; cultural 

resources impacts, including impacts on 

historical and archaeological resources 

and parklands/recreation areas; 

neighborhood compatibility and 

environmental justice; natural resource 

impacts including air quality, wetlands, 

water resources, noise, vibration, 

energy, wildlife and ecosystems, 

including endangered species. Measures 

to avoid, minimize, and mitigate 

adverse impacts will be identified and 

evaluated. 

The LA–SD HST Project EIR/EIS will 

be prepared in accordance with FRA’s 

Procedures for Considering 

Environmental Impacts (64 FR 28545 

(May 26, 1999)) and will address, as 

necessary, other applicable statutes, 

regulations, and executive orders, 

including the Clean Air Act, Section 404 

of the Clean Water Act, Section 106 of 

the National Historic Preservation Act of 

1966, Section 4(f) of the Department of 

Transportation Act, the Endangered 

Species Act, and Executive Order 12898 

on Environmental Justice. 

This EIR/EIS process will also 

continue the NEPA/Clean Water Act 

Section 404 integration process 

established through the Statewide 

Program EIR/EIS process. The EIR/EIS 

will evaluate project alignment 

alternatives, and station and 

maintenance facility locations to 

support a determination of the Least 

Environmentally Damaging Practicable 

Alternative (LEDPA) by the U.S. Army 

Corps of Engineers. 

Scoping and Comments: FRA 

encourages broad participation in the 

EIS process during scoping and review 

of the resulting environmental 

documents. Comments are invited from 

all interested agencies and the public to 

ensure the full range of issues related to 

the proposed action and reasonable 

alternatives are addressed and all 

significant issues are identified. In 

particular, FRA is interested in learning 

whether there are areas of 

environmental concern where there 

might be a potential for significant sitespecific impacts from the LA–SD 

Section of the HST System. Public 

agencies with jurisdiction are requested 

to advise FRA and the Authority of the 

applicable permit and environmental 

review requirements of each agency, 

and the scope and content of the 

environmental information germane to 

the agency’s statutory responsibilities 

relevant to the proposed project. Public 

agencies are requested to advise FRA if 

they anticipate taking a major action in 

connection with the proposed project 

and if they wish to cooperate in the 

preparation of the Project EIR/EIS. 

Public scoping meetings have been 

scheduled as an important component 

of the scoping process for both the State 

and Federal environmental review. The 

scoping meetings described in this 

Notice will also be the subject of 

additional public notification. 

FRA is seeking participation and 

input of all interested Federal, State, 

and local agencies, Native American 

groups, and other concerned private 

organizations or individuals on the 

scope of the EIR/EIS. Implementation of 

the LA–SD Section of the HST System 

is a Federal undertaking with the 

potential to affect historic properties. As 

such, it is subject to the requirements of 

Section 106 of the National Historic 

Preservation Act of 1966 (16 U.S.C. 

470f). In accordance with regulations 

issued by the Advisory Council on 

Historic Preservation, 36 CFR part 800, 

FRA intends to coordinate compliance 

with Section 106 of this Act with the 

preparation of the EIR/EIS, beginning 

with the identification of consulting 

parties through the scoping process, in 

a manner consistent with the standards 

set out in 36 CFR 800.8. 

Issued in Washington, DC on 

September 18, 2009. 

Mark E. Yachmetz, 

Associate Administrator for Railroad 

Development, Federal Railroad 

Administration. 

[FR Doc. E9–23003 Filed 9–23–09; 8:45 am] 

BILLING CODE 4910–06–P 

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. 

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, 

todd.madison@faa.gov, (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: 


srobinson on DSKHWCL6B1PROD with NOTICES
48818 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 

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 noncompatible 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-inaid 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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 48819 

(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] 

BILLING CODE P 


srobinson on DSKHWCL6B1PROD with NOTICES