[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Notices]
[Pages 14461-14462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5701]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program for W.K. Airport, Battle 
Creek, 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 submitted by the City of 
Battle Creek, Michigan, 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 November 1, 
2011, the FAA determined that the noise exposure maps submitted by the 
City of Battle Creek, Michigan, under Part 150 were in compliance with 
applicable requirements. On February 16, 2012, the FAA approved the 
W.K. Kellogg Airport noise compatibility program. All 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: Effective Date: The effective date of the FAA's approval of the 
Noise Compatibility Program for W.K. Kellogg Airport is February 16, 
2012.

FOR FURTHER INFORMATION CONTACT: Katherine S. Delaney, 11677 S. Wayne 
Road, Suite 107, Romulus, Michigan; Email: <a href="/cdn-cgi/l/email-protection#e3a882978b86918a8d86cdb0cda7868f828d869aa3858282cd848c95"><span class="__cf_email__" data-cfemail="9bd0faeff3fee9f2f5feb5c8b5dffef7faf5fee2dbfdfafab5fcf4ed">[email protected]</span></a>; 
Phone: 734-229-2900. 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 W.K. 
Kellogg Airport, effective February 16, 2012.
    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:
    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 or 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 Airports District Office in Romulus, Michigan.
    The W.K. Kellogg Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
2009 to the year 2015. 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 
November 1, 2011 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, seven proposed actions for noise 
abatement, noise mitigation, 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 February 16, 2012.
    Outright approval was granted for seven specific program measures. 
The measures that were approved were for voluntary acquisition of 
residential units within the 65 DNL; sound attenuate eligible existing 
homes within the 65 DNL; construct a ground run-up enclosure; recommend 
jurisdictions implement land use controls; develop/implement a fly 
quiet program; continue the study input committee; and review and 
update the Part 150 Study as needed.
    These determinations are set forth in detail in a Record of 
Approval signed by the Great Lakes Airports Division Manager on 
February 16, 2012. The Record of Approval, as well as other evaluation 
materials and the documents

[[Page 14462]]

comprising the submittal, are available for review at the FAA office 
listed above and at the administrative offices of the W.K. Kellogg 
Airport, Mr. Lawrence Bowron, 15551 S. Airport Road, Battle Creek, MI 
49015. The Record of Approval will also be available on-line at: http://www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/part_150/states/.

    Issued in Romulus, Michigan on February 17, 2012.
John L. Mayfield, Jr.,
Manager, Detroit Airports District Office.
[FR Doc. 2012-5701 Filed 3-8-12; 8:45 am]
BILLING CODE 4910-13-P


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