[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Notices]
[Pages 48444-48445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23021]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Rickenbacker 
International Airport, Columbus, 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 Rickenbacker 
Port Authority, Columbus, Ohio, 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. These findings are made in recognition of the description 
of Federal and nonfederal responsibilities in Senate Report No. 96-52 
(1980). On January 22, 1999, the FAA determined that the noise exposure 
maps submitted by Rickenbacker Port Authority under part 150 were in 
compliance with applicable requirements. On July 14, 1999, the 
Assistant Administrator for Airports approved the Rickenbacker 
International Airport noise compatibility program.
    A total of twenty-six (26) measures were included in the 
Rickenbacker Port Authority Noise Compatibility Plan, which continue or 
expand the intent of the approved 1989 NCP. Of the twenty-six (26) 
measures included, four (4) are listed as ``Noise Abatement Plan 
Measures,'' five (5) are listed as ``Program Management Measures,'' and 
seventeen (17) are listed as ``Land Use Management Plan.'' The FAA has 
approved twenty (20) of the twenty-six (26) measures.

EFFECTIVE DATE: The effective date of the FAA's approval of the 
Rickenbacker International Airport noise compatibility program is July 
14, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Jagiello, Federal Aviation 
Administration, Detroit Airports District Office, Willow Run Airport, 
East, 8820 Beck Road, Belleville, Michigan 48111, 734-487-7296. 
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 
Rickenbacker International Airport, effective July 14, 1999.

    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:
    a. The noise compatibility program was developed in accordance with 
the provisions and procedures of FAR Part 150;
    b. 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;
    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 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 with respect to the 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

[[Page 48445]]

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.
    Rickenbacker Port Authority submitted to the FAA on April 17, 1998, 
noise exposure maps, descriptions, and other documentation. This 
documentation was produced during the Airport Noise Compatibility 
Planning (part 150) Study at Rickenbacker International Airport from 
1997 through 1998. Rickenbacker International Airport noise exposure 
maps were determined by the FAA to be in compliance with applicable 
requirements on January 22, 1999. Notice of this determination was 
published in the Federal Register on February 24, 1999.
    The Rickenbacker Port Authority study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
the date of study completion to the year 2002. 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 January 22, 1999, 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 proposed by the airport sponsor contained 
twenty-six (26) measures for noise mitigation on and 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. Twenty (20) of the twenty-six (26) measures were approved by 
the Assistant Administrator for Airports effective July 14, 1999.
    Four (4) of the twenty-six (26) measures submitted are listed as 
``Noise Abatement Plan Measures.'' These four (4) measures were 
approved which deal with departure flight tracks, and acquiring one 
periodic noise monitor. Five (5) of the twenty-six (26) measures 
submitted are listed as ``Program Management Measures'' which were all 
approved. These five (5) measures include maintaining its Noise 
Abatement Committee, the analysis of noise contours and update of noise 
contour maps, establishment of a noise complaint office, preparation of 
updated noise exposure maps, and development of a format public 
information program to increase public awareness of the Airport's Noise 
Compatibility Program. Seventeen (17) of the twenty-six (26) measures 
submitted are listed as ``Land Use Management Plan.'' Eleven (11) of 
the seventeen (17) measures were approved. These include the purchase 
of homes within the 65 DNL noise contour, purchase of undeveloped land 
within the 70 DNL noise contour, and encouragement of local 
jurisdictions to adopt compatible land use zoning, noise overlay 
zoning, subdivision regulations, comprehensive planning, land use 
policies, guidelines for discretionary project review, land use 
controls, and amend the purpose paragraphs of the zoning, subdivision, 
and building codes of the Columbus City Codes to include Rickenbacker 
International Airport. Five (5) of the seventeen (17) measures do not 
require FAA action. These five (5) measures include adoption of height 
and hazard zoning, encouragement of local jurisdictions to adopt 
floodplain zoning, establishment of a local program to purchase 
avigation easements over property eligible under the 1989 NCP, purchase 
of selected homes in the forecasted 1992 70 DNL noise contour completed 
under the 1989 NCP, and sound insulation of schools completed under the 
1989 NCP. One (1) of the twenty-six (26) measures was withdrawn. This 
measure was to purchase development rights on specific parcels of 
undeveloped land within the 192 65 DNL noise contours. These twenty-six 
(26) determinations are set fourth in detail in a Record of Approval 
endorsed by the Assistant Administrator for Airports on July 14, 1999. 
The Record of Approval, as well as other evaluation materials and 
documents which comprised the submittal to the FAA, are available for 
review at the following locations:
Federal Aviation Administration, 800 Independence Avenue, SW., Room 
617, Washington, DC 20591.
Federal Aviation Administration, Great Lakes Region, 2300 East Devon 
Avenue, Room 261, Des Plaines, Illinois 60018.
Federal Aviation Administration, Detroit Airports District Office, 
Willow Run Airport, East, 8820 Beck Road, Belleville, Michigan 48111.
Rickenbacker Port Authority, Rickenbacker International Airport, 7400 
Alum Creek Drive, Columbus, Ohio 43217-1248.
    Questions may be directed to the individual named above under the 
heading FOR FURTHER INFORMATION CONTACT.

    Issued in Belleville, Michigan, August 6, 1999.
Dean C. Nitz,
Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. 99-23021 Filed 9-2-99; 8:45 am]
BILING CODE 4910-13-M