Notice2022-23464
Noise Compatibility Program for Duluth International Airport, St. Louis County, Minnesota
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 28, 2022
Effective
October 6, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The Federal Aviation Administration (FAA) announces its findings for the noise compatibility program submitted by DLH, see SUPPLEMENTARY INFORMATION for details. On April 11, 2022 the FAA determined that the noise exposure maps submitted by DLH were in compliance with applicable requirements. On October 6, 2022, the FAA approved the DLH 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 DLH.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 208 (Friday, October 28, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Notices]
[Pages 65280-65282]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23464]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Noise Compatibility Program for Duluth International Airport, St.
Louis County, Minnesota
AGENCY: Federal Aviation Administration, DOT.
ACTION: Approval of a Duluth International Airport (DLH) noise
compatibility program.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) announces its
findings for the noise compatibility program submitted by DLH, see
SUPPLEMENTARY INFORMATION for details. On April 11, 2022 the FAA
determined that the noise exposure maps submitted by DLH were in
compliance with applicable requirements. On October 6, 2022, the FAA
approved the DLH 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 DLH.
DATES: The effective date of the FAA's approval of the DLH noise
compatibility program is October 6. 2022.
[[Page 65281]]
FOR FURTHER INFORMATION CONTACT: Josh Fitzpatrick, Federal Aviation
Administration, Environmental Protection Specialist, 6020 South 28th
Avenue, Room 102, Minneapolis, MN 55450, (612) 253-4639.
SUPPLEMENTARY INFORMATION: This notice announces FAA's approval of the
noise compatibility program for DLH, effective on October 6, 2022. Per
United States Code section 47504 (49 U.S.C. 47504) and Title 14, Code
of Federal Regulations (CFR), part 150, an airport sponsor who
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 sponsor 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. As required by 49 U.S.C.
47504, such programs must be developed in consultation with interested
and affected parties including local communities, government agencies,
airport users, and the FAA. The FAA does not substitute its judgment
for that of the airport sponsor with respect to which measures should
be recommended for action. The FAA approval or disapproval of an
airports recommendations in their noise compatibility program are made
in accordance with the requirements and standards pursuant to 49 U.S.C.
47504 and 14 CFR part 150, which is limited to the following
determinations:
a. The noise compatibility program was developed in accordance with
the provisions and procedures of 14 CFR 150.23;
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 of FAA's approval of noise compatibility
programs are delineated in 14 CFR 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, and an
FAA decision on the request may require an environmental assessment of
the proposed action. Approval does not constitute a commitment by the
FAA to financially assist in the implementation of the noise
compatibility program nor a determination that all measures covered by
the noise compatibility program are eligible for grant-in-aid funding
from the FAA. Where federal funding is sought, requests must be
submitted to the FAA Airports District Office at 6020 South 28th
Avenue, Room 102, Minneapolis, MN 55450.
DLH submitted to the FAA on December 13, 2021 the noise exposure
maps, descriptions, and other documentation produced during the noise
compatibility planning study conducted from October 2, 2019 and
December 13, 2021. The DLH noise exposure maps were determined by FAA
to be in compliance with applicable requirements on April 11, 2022.
Notice of this determination was published in the Federal Register on
April 15, 2022 ``87 FR 22616''.
The DLH proposed noise compatibility program is comprised of
actions designed for phased implementation by airport management and
adjacent jurisdictions from December 13, 2021 to 2026. It was requested
that the FAA evaluate and approve this material as a noise
compatibility program as described in 49 U.S.C. 47504. The FAA began
its review of the program on April 11, 2022 and was required by a
provision of 49 U.S.C. 47504 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 an approval of such
program.
The submitted program contained 12 proposed measures to minimize
impacts of aviation noise on and off the airport. The FAA completed its
review and determined that the procedural and substantive requirements
of the 49 U.S.C. 47504 and 14 CFR part 150 were satisfied. The overall
program, therefore, was approved by the FAA effective October 6, 2022.
Outright approval was granted for all the specific program
elements. Program elements include:
Measure M-A: Offer Residential Sound-insulation Treatment to
Single- and Multi-Family Homes (47 units) within the Average Day-Night
Sound Level (DNL) 65 decibels (dB) and above Noise Contours. Offer
Residential Sound-insulation treatment to Single- Family Homes (17
units) within the Block Rounding Area outside the DNL 65 dB Noise
Contour.
Measure M-B (1997 NCP Measure M-1): Offer Land Acquisition Program
to Single-Family Homes (7 units) within the DNL 70 dB and above Noise
Contour.
Measure M-C: Offer Land Acquisition to Birchwood Mobile Estates
(102 Mobile Homes) within the Noise Mitigation Program Area (NMPA) #1
boundary and 1 additional mobile home property located to the northwest
of the airport within the DNL 65 dB and above noise contour.
Measure M-D: Offer Avigation Easements to owner-occupied single-
family homes within NMPA #1 if acquisition (within DNL 70 dB noise
contour only) and sound-insulation is declined.
Measure M-E: Offer Avigation Easements to one (1) mobile home
within NMPA #1, located along Lavaque Bypass Road, if acquisition is
declined.
Measure M-F: Develop an Airport Land Use Management District
(ALUMD).
Measure M-G: Adopt Updated Subdivision Regulations.
Measure M-H: Adopt Improved Building Codes.
Measure M-I: Develop a Voluntary Fair Disclosure Program.
Measure P-A: Continue Logging of Noise Complaints.
Measure P-B: Initiate Community Roundtable or Noise Abatement
Committee.
Measure P-C: Perform Regular Updates to the noise exposure map and
review of the noise compatibility program.
These determinations are set forth in detail in the Record of
Approval signed by the FAA Airports Great Lakes Division Director on
October 6, 2022. 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 Duluth Airports Authority (DAA). The Record of Approval also
will be available on the internet on the FAAs website at <a href="http://www.faa.gov/airports/environmental/airport_noise/part_150/states/">http://www.faa.gov/airports/environmental/airport_noise/part_150/states/</a> and
the DLH website at <a href="https://duluthairport.com/noise-study/#documents">https://duluthairport.com/noise-study/#documents</a>.
[[Page 65282]]
Issued in Chicago, IL, on October 6, 2022.
Susan Mowery-Schalk,
Director, Office of Airports, AGL-600, FAA Great Lakes Region.
[FR Doc. 2022-23464 Filed 10-27-22; 8:45 am]
BILLING CODE 4910-13-P
</pre></body>
</html>Indexed from Federal Register on October 28, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.