Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices 2645 

determine that the exhibition or display 

of the exhibit objects at the Getty Villa, 

Malibu, CA, from on or about July 16, 

2009, until on or about February 8, 

2010, and at possible additional 

exhibitions or venues yet to be 

determined, is in the national interest. 

Public Notice of these Determinations is 

ordered to be published in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State 

(telephone: 202/453–8048). The address 

is U.S. Department of State, SA–44, 301 

4th Street, SW., Room 700, Washington, 

DC 20547–0001. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. E9–655 Filed 1–14–09; 8:45 am] 

BILLING CODE 4710–05–P 

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. 

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 § 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 § 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 

§ 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 § 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 § 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 § 103 of the Act. The 

FAA has relied on the certification by 

the airport operator, under § 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 


jlentini on PROD1PC65 with NOTICES
2646 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices 

1 74 FR 845 (Jan. 8, 2009). 2 73 FR 79,201 (Dec. 24, 2008). 

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, § 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] 

BILLING CODE 4910–12–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2006–25755] 

Operating Limitations at New York’s 

LaGuardia Airport; Notice of Order 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Amendment to Order. 

SUMMARY: The Federal Aviation 

Administration (FAA) is amending its 

December 12, 2006 Order, which 

temporarily capped the scheduled 

operations at New York’s LaGuardia 

Airport (LaGuardia) pending the 

implementation of a longer-term 

regulation to manage congestion there. 

In particular, we are amending the 

Order to move toward an hourly limit of 

71 operations from 6 a.m. through 9:59 

p.m., Eastern Time, Monday through 

Friday, and 12 noon through 9:59 p.m., 

Eastern Time, on Sunday. To move 

toward this new hourly limit, we do not 

through this amendment force air 

carriers to relinquish Operating 

Authorizations at the airport. Instead, 

the FAA will accept voluntary flight 

reductions for the duration of the Order, 

whereupon the FAA will retire the 

surrendered Operating Authorizations 

until an hourly average of 71 scheduled 

operations is achieved. In the event that 

the current final rule takes effect, that 

rule would impose a reduction in 

scheduled service using the air carriers’ 

base of operations during the week of 

September 28, 2008. The FAA 

published that rule on October 10, 2008, 

and it is presently stayed pending 

judicial review. If it proves necessary to 

require a reduction in scheduled 

operations through a future amendment 

of the Order, air carriers that voluntarily 

surrender Operating Authorizations 

under this initiative will be credited 

with voluntary schedule reductions that 

they commit to on or before February 2, 

2009. 

The FAA will accept voluntarily 

offered schedule reductions through 

February 2, 2009, and expects air 

carriers to suspend service at LaGuardia 

under this arrangement on or before 

May 31, 2009. The FAA separately 

extended the Order’s expiration until 

11:59 p.m., Eastern Time, on October 

24, 2009.1

If you wish to review the background 

documents or comments received in 

relation to this amendment, you may go 

to http://www.regulations.gov at any 

time and follow the online instructions 

for accessing the electronic docket. You 

may also go to the U.S. Department of 

Transportation’s Docket Operations in 

Room W12–140 on the ground floor of 

the West Building at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Eastern Time, 

Monday through Friday, except Federal 

holidays. 

DATES: This amendment is effective on 

the date of publication. 

FOR FURTHER INFORMATION CONTACT: 

Gerry Shakley, System Operations 

Services, Air Traffic Organization; 

telephone—(202) 267–9424; e-mail— 

gerry.shakley@faa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The FAA briefly outlined the history 

of congestion at LaGuardia and the 

FAA’s management of the problem in 

the proposal for these amendments.2

The problem, stated succinctly, is that 

the current cap of 75 scheduled 

operations per hour is very close to the 

maximum throughput for LaGuardia’s 

two-runway configuration in optimal 

meteorological and operational 

conditions. If there are delays due to 

adverse weather or other operational 

reasons, a limit of 75 scheduled 

operations simply does not permit the 

airport a significant opportunity to 

recover, often consigning the airport to 

delays for the rest of the day. 

The FAA’s experience in managing 

congestion at other airports reflects that 

scheduled service short of maximum 

airport throughput permits needed 

flexibility to restore the schedule in 

many instances when the airport falls 

behind the published schedules. The 

FAA’s proposal and this amendment are 

intended to give LaGuardia an 

additional margin of operational 

flexibility, providing increased 

reliability for passengers and others who 

depend on efficient air transportation. 

Depending on the air carriers’ response 

to this initiative, LaGuardia passengers 

and air carriers can expect varying 

levels of relief from congestion-related 

delay. 

II. Discussion of the Written 

Submissions 

A. An Hourly Cap of 71 Scheduled 

Operations at LaGuardia Strikes an 

Appropriate Balance Between Airport 

Throughput and Operational Efficiency 

The Port Authority of New York and 

New Jersey (Port Authority) contends 

that evidence is lacking that the 

currently hourly cap of 75 scheduled 

operations is too high. Instead, the Port 

Authority advocates that the FAA focus 

exclusively on operational 

improvements that might incrementally 

increase the maximum throughput of 

the airport’s two-runway configuration. 

Contrary to the Port Authority’s 

intimation, the FAA continues to 

advance short-, intermediate-, and longterm initiatives that will improve 

LaGuardia’s operating efficiency. The 

FAA achieved many such initiatives in 

2008 and will field many more in 2009. 

There are limits to the gains that can be 

achieved at LaGuardia, given the 

airport’s physical constraints, however. 

Over the near term while the Order 

remains in effect, these operational 

improvements will not make an hourly 

rate of 75 scheduled operations 

consistently achievable on an average 

day. Accordingly, the FAA determined 

that a modest, voluntary operational cut 


jlentini on PROD1PC65 with NOTICES