[Federal Register Volume 65, Number 45 (Tuesday, March 7, 2000)]
[Notices]
[Pages 12052-12053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5492]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure maps submitted by the City of 
Cleveland for Cleveland Hopkins 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 Cleveland 
Hopkins International Airport under Part 150 in conjunction with the 
noise exposure map, and that this program will be approved or 
disapproved on or before August 23, 2000.

EFFECTIVE DATE: The effective date of the FAA's determination on the 
noise exposure maps and the start of its review of the associated noise 
compatibility program is February 25, 2000. The public comment period 
ends April 25, 2000.

FOR FURTHER INFORMATION CONTACT: Lawrence King, Federal Aviation 
Administration, Detroit Airports District Office, Willow Run Airport, 
East, 8820 Beck Road, Belleville, Michigan 48111, 734-487-7293. 
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 Cleveland Hopkins 
International Airport are in compliance with applicable requirements of 
part 150, effective February 25, 2000. Further, FAA is reviewing a 
proposed noise compatibility program for that airport which will be 
approved or disapproved on or before August 23, 2000. This notice also 
announces the availability of this program for public review and 
comment.
    Under section 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 
bound 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 for 
the reduction of existing non-compatible uses and for the prevention of 
the introduction of additional non-compatible uses.
    The City of Cleveland submitted to the FAA on February 23, 2000 
noise exposure maps, descriptions and other documentation which were 
produced during a noise compatibility planning study conducted from 
January 1998 through February 2000. It was requested that the FAA 
review this material as the noise exposure maps, as described in 
Section 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 section 104(b) of 
the Act.
    The FAA has completed it review of the noise exposure maps and 
related descriptions submitted by the city of Cleveland. The specific 
maps under consideration are the current Noise Exposure Map depicted as 
Exhibit 1-1 and the 2006 Noise Exposure Map depicted as Exhibit 1-3 in 
the submission. The FAA has determined that these maps for Cleveland 
Hopkins International Airport are in compliance with applicable 
requirements. This determination is effective on February 25, 2000. 
FAA's determination on an airport operator's noise exposure maps is 
limited to a finding that the map 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 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 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

[[Page 12053]]

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.
    The FAA has formally received the noise compatibility program for 
Cleveland Hopkins International Airport, also effective on February 25, 
2000. 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 law 
to a maximum of 180 days, will be completed on or before August 23, 
2000.
    The FAA's detailed evaluation will be conducted under the 
provisions of 14 CFR part 150, Sec. 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:

Federal Aviation Administration, 800 Independence Avenue, SW, Room 617, 
Washington, DC 20591
Federal Aviation Administration, Detroit Airports District Office, 
Willow Run Airport, East, 8820 Beck Road, Belleville, Michigan 48111
City of Cleveland, Department of Port Control, 5300 Riverside Drive, 
Cleveland, Ohio 44135-3193

Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Belleville, Michigan, on February 25, 2000.
James M. Opatrny,
Acting Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. 00-5492 Filed 3-6-00; 8:45 am]
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