[Federal Register: August 19, 2003 (Volume 68, Number 160)]
[Notices]
[Page 49837-49838]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au03-97]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
FAA Approval of Noise Compatibility Program 14 CFR Part 150,
Toledo Express Airport, Toledo, OH
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 Toledo-
Lucas county Port Authority under the
[[Page 49838]]
provisions of 49 U.S.C. (the Aviation Safety and Noise Abatement Act,
hereinafter referred to as ``the Act'') and 14 CFR part 150. These
findings are made in recognition of the description of Federal and
nonfederal responsibilities in Senate Report No. l96-52 (1980). On
January 24, 2003 the FAA determined that the noise exposure maps
submitted by the Toledo-Lucas County Port Authority under Part 150 were
in compliance with applicable requirements. On, July 18, 2003 the FAA
approved the Toledo Express Airport noise compatibility program. All of
the recommendations of the program were approved.
DATES: The effective date of the FAA's approval of the Toledo Express
Airport noise compatibility program is July 18, 2003.
FOR FURTHER INFORMATION CONTACT: Katherine Jones, Federal Aviation
Administration, Great Lakes Region, Detroit Airports District Office,
DET ADO-606, Metro Airport Center, 11677 S. Wayne Road, Ste. 107,
Romulus, Michigan 48174, (734) 229-2958. 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 Toledo
Express Airport, effective July 18, 2003.
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 Federal Aviation Regulations (FAR) 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 FAR 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 of FAR 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 all 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 as
prescribed by law.
Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in FAR Part 150, Sec.
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 program nor a determination that all measures
covered by the program are eligible for grant-in-aid funding from the
FAA. Where federal funding is sought, requests for project grants must
be submitted to the FAA Detroit Airports District Office in Romulus,
Michigan.
Toledo-Lucas County Port Authority submitted to the FAA on January
21, 2003 the noise exposure maps, descriptions, and other documentation
produced during the noise compatibility planning study conducted from
1999 through 2002. The Toledo Express Airport noise exposure maps were
determined by FAA to be in compliance with applicable requirements on
January 24, 2003. Notice of this determination was published in the
Federal Register on February 14, 2003.
The Toledo Express Airport study contains a proposed noise
compatibility program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions from
the 2002 to the year 2007. 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
January 24, 2003 and was required by provision of the Act to approve or
disapprove the program within 180 days (other than the use of new
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 ten proposed actions for noise
mitigation on and/or off the airport. The FAA completed its review and
determined that the procedural and substantive requirements of the Act
and FAR Part 150 have been satisfied. The overall program, therefore,
was approved by the FAA effective July 18, 2003.
Outright approval was granted for all of the specific program
elements. The approved measures were to Establish Runway 25 as
preferred for departure by all aircraft, 24 hours per day; Establish
Runway 7 as preferred for nighttime arrivals, 10 p.m. to 6:59 a.m.;
Straight-in approaches to Runway 7/25 on final approach course beyond
the outer marker; Runway heading departures from Runway 7/25 for
aircraft to fly runway handing until 6 nautical miles from brake
release; Install sound insulation improvements at Swanton Township
Elementary School; Establish a noise program office; Establish a noise
complaint system; Coordinate and communicate with key agencies; Monitor
aircraft activity and evaluate the plan; and Update the plan on a
regular basis, as needed.
These determinations are set forth in detail in a Record of
Approval signed by the Associate Administrator for Airports on July 18,
2003. 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
Toledo-Lucas County Port Authority. The Record of Approval also will be
available on-line at http://www.faa.gov/arp/environmental/14cfr150/index14.cfm
.
Issued in Romulus, Michigan, July 21, 2003.
Irene R. Porter,
Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. 03-21225 Filed 8-18-03; 8:45 am]
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