[Federal Register Volume 62, Number 13 (Tuesday, January 21, 1997)]
[Notices]
[Pages 3073-3075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1327]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
FAA Approval of Noise Compatibility Program and Determination on
Revised Noise Exposure Maps James M. Cox-Dayton International Airport
Dayton, Ohio
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
Dayton, Ohio, under the provisions of Title I of the Aviation Safety
and Noise Abatement Act of 1979 (Public Law 96-193) and 14 CFR Part
150. These findings are made in recognition of the description of
Federal and nonfederal responsibilities in Senate Report No. 96-52
(1980). On June 6, 1994, the FAA determined that the noise exposure
maps submitted by the city of Dayton, Ohio, under Part 150 were in
compliance with applicable requirements. On October 30, 1996, the
Associate Administrator for Airports approved the James M. Cox-Dayton
International Airport noise compatibility program. All of the
recommendations of the program were approved.
[[Page 3074]]
The city of Dayton, Ohio, has also requested under FAR Part 150,
section 150.35(f), that FAA determine that the revised noise exposure
map submitted with the noise compatibility program and showing noise
contours as a result of the implementation of the noise compatibility
program is in compliance with applicable requirements of FAR Part 150.
The FAA announces its determination that the revised noise exposure map
for James M. Cox-Dayton International Airport for the year 1998
submitted with the noise compatibility program, is in compliance with
applicable requirements of FAR Part 150 effective December 16, 1996.
EFFECTIVE DATE: The effective date of the FAA's approval of the James
M. Cox-Dayton International Airport noise compatibility program is
October 30, 1996. The effective date of the FAA's determination on the
revised noise exposure map is December 16, 1996.
FOR FURTHER INFORMATION CONTACT:
Lawrence C. King, Federal Aviation Administration, Detroit Airports
District Office, Willow Run Airport, East, 8820 Beck Road, Belleville,
Michigan 48111, 313-487-7293. 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 James M.
Cox-Dayton International Airport, effective October 30, 1996, and that
revised noise exposure map for 1998 for this same airport is determined
to be in compliance with applicable requirements of FAR Part 150.
A. Under section 104(a) of the Aviation Safety and Noise Abatement
Act of 1979 (hereinafter referred to as ``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
noncompatible land uses and prevention of additional noncompatible 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:
1. The noise compatibility program was developed in accordance with
the provisions and procedures of FAR Part 150;
2. Program measures are reasonably consistent with achieving the
goals of reducing existing noncompatible land uses around the airport
and preventing the introduction of additional noncompatible land uses;
3. 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
4. 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 the FAA's approval of an
airport noise compatibility program are delineated in FAR 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, 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 Belleville,
Michigan.
The city of Dayton, Ohio, submitted to the FAA on January 28, 1993,
noise exposure maps, descriptions, and other documentation produced
during the noise compatibility planning study conducted from September
1991, through December 1992. The James M. Cox-Dayton International
Airport noise exposure maps were determined by the FAA to be in
compliance with applicable requirements on June 6, 1994. Notice of this
determination was published in the Federal Register on June 30, 1994.
The five year forecast map was subsequently revised and FAA's
determination on this map follows in Paragraph B under the heading
Supplemental Information.
The James M. Cox-Dayton International Airport study contains a
proposed noise compatibility program comprised on actions designed for
phased implementation by airport management and adjacent jurisdictions
from the date of study completion to the year 2012. It was requested
that the FAA evaluate and approve this material as a noise
compatibility program as described in section 104(b) of the Act. The
FAA began its review of the program on May 3, 1996, and was required by
a 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
would have been deemed to be an approval of such program.
The submitted program contained twenty four 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 Associate Administrator for Airports
effective October 30, 1996.
Outrights approval was granted for all of the specific program
elements. These determinations are set forth in detail in a Record of
Approval endorsed by the Associate Administrator for Airports on
October 30, 1996.
B. The FAA has also completed its review of the revised noise
exposure map and related descriptions submitted by the city of Dayton,
Ohio. The specific map under consideration is Exhibit D1--``1998 Noise
Exposure Map,'' submitted as part of the NCP. The sponsor's September
19, 1996, letter formally requested FAA to make a determination on the
revised map's acceptability. The FAA has determined that the map for
James M. Cox-Dayton International Airport is in compliance with
applicable requirements. This determination is effective on December
16, 1996. 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.
If questions arise concerning the precise relationship of specific
[[Page 3075]]
properties to noise exposure contours depicted on a noise exposure map
submitted under section 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
Section 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 which submitted those maps,
or with those public agencies and planning agencies with which
consultation is required under section 103 of the Act. The FAA has
relied on the certification by the airport operator, under section
150.21 of FAR Part 150, that the statutorily required consultation has
been accomplished.
Copies of the noise exposure maps and of FAA's evaluation of the
maps, and copies of the record of approval and other evaluation
materials and documents which comprised the submittal to the FAA are
available for examination at the following locations:
Federal Aviation Administration, Detroit Airports District Office,
Willow Run Airport, East, 8820 Beck Road, Belleville, Michigan 48111
Mr. Roy Williams, Director of Aviation, James M. Cox-Dayton
International Airport, Terminal Building, Vandalia, OH 45377.
Questions on either of these FAA determinations may be directed to
the individual named above under the heading, FOR FURTHER INFORMATION
CONTACT.
Issued in Belleville, Michigan, December 16, 1996.
Robert H. Allen,
Assistant Manager, Detroit Airports District Office, Great Lakes
Region.
[FR Doc. 97-1327 Filed 1-17-97; 8:45 am]
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