[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Notices]
[Pages 2645-2646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-535]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map and Noise Compatibility Program Notice for 
General Mitchell International Airport, Milwaukee, WI

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure maps submitted by General 
Mitchell International Airport under the provisions of Title I of the 
Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 96-193) and 14 
CFR Part 150 are in compliance with applicable requirements. The FAA 
also announces that it is reviewing a proposed noise compatibility 
program that was submitted for General Mitchell International Airport 
under Part 150 in conjunction with the noise exposure map, and that 
this program will be approved or disapproved on or before June 21, 
2009.

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 December 24, 2008. The public 
comment period ends February 21, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Glen Orcutt, Federal Aviation 
Administration, Minneapolis Airport District Office, 6020 28th Ave., 
South, Minneapolis, MN 55450, phone number (612) 713-4354. Comments on 
the proposed noise compatibility program should also be submitted to 
the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds 
that the noise exposure maps submitted for General Mitchell 
International Airport are in compliance with applicable requirements of 
Part 150, effective December 24, 2008. Further, FAA is reviewing a 
proposed noise compatibility program for that airport which will be 
approved or disapproved on or before June 21, 2009. This notice also 
announces the availability of this program for public review and 
comment.
    Under Sec.  103 of Title I of the Aviation Safety and Noise 
Abatement Act of 1979 (hereinafter referred to as ``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 Federal 
Aviation Regulations (FAR) Part 150, promulgated pursuant to Title I of 
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 General Mitchell International Airport submitted to the FAA on 
March 31, 2008 noise exposure maps, descriptions and other 
documentation that were produced during the FAR Part 150 Noise 
Compatibility Study Update. A final copy of the study was submitted to 
the FAA on December 17, 2008. It was requested that the FAA review this 
material as the noise exposure maps, as described in Sec.  103(a)(1) 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 Sec.  104(b) of the Act.
    The FAA has completed its review of the noise exposure maps and 
related descriptions submitted by the General Mitchell International 
Airport. The specific documentation determined to constitute the noise 
exposure maps includes: Existing 2004 Noise Exposure Map (Figure D21) 
and Future 2009 Noise Exposure Map (Figure I1) on pages D44 and 14 of 
the Noise Compatibility Program. The FAA has determined that these maps 
for General Mitchell International Airport are in compliance with 
applicable requirements. This determination is effective on December 
24, 2008. 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 FAR 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 
properties to noise exposure contours depicted on a noise exposure map 
submitted under Sec.  103 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 
Sec.  107 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 Sec.  103 of the Act. The FAA has relied on the certification by 
the airport operator, under Sec.  150.21 of FAR Part 150, that the 
statutorily required consultation has been accomplished.
    The FAA has formally received the noise compatibility program for 
General Mitchell International Airport, also effective on December 24, 
2008. 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

[[Page 2646]]

law to a maximum of 180 days, will be completed on or before June 21, 
2009.
    The FAA'S detailed evaluation will be conducted under the 
provisions of 14 CFR Part 150, Sec.  150.33. 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, 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, Minneapolis Airport District Office, 
6020 28th Ave., South, Minneapolis, MN 55450.
General Mitchell International Airport, 5300 South Howell Avenue, 
Milwaukee, WI 53207.
    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Minneapolis, Minnesota, December 24, 2008.
Robert Huber,
Manager, Minneapolis Airports District Office, FAA Great Lakes Region.
[FR Doc. E9-535 Filed 1-14-09; 8:45 am]
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