[Federal Register Volume 66, Number 7 (Wednesday, January 10, 2001)]
[Notices]
[Pages 2035-2036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-711]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Cincinnati/Northern 
Kentucky International Airport Hebron, KY

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 update submitted by Kenton 
County Airport Board (KCAB) 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 June 8, 2000, the FAA determined that the noise exposure 
maps submitted by Kenton County Airport Board under Part 150 were in 
compliance with applicable requirements. On December 5, 2000, the 
Administrator approved the Cincinnati/Northern Kentucky International 
Noise Compatibility Program Update. Twenty-two measures were approved; 
four measures were approved in part or with clarification; and one 
measure did not require approval at this time. One measure was 
withdrawn by KCAB November 22, 2000 pending further evaluation. In 
addition, twelve measures included in the program did not require FAA 
action.

EFFECTIVE DATE: The effective date of the FAA's approval of the 
Cincinnati/Northern Kentucky International Airport Noise Compatibility 
Program Update is December 5, 2000.

FOR FURTHER INFORMATION CONTACT: Peggy S. Kelley, 3385 Airways Blvd., 
Suite 302, Memphis, Tennessee 38116-3841, telephone 901-544-3495 
extension 19. 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 
Cincinnati/Northern Kentucky International Airport, effective December 
5, 2000.
    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 used 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 of 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

[[Page 2036]]

airspace and air traffic control systems, or adversely affecting other 
powers and responsibilities of the Administrator 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 a FAA implementing action. A request for Federal action or 
approval to implement specific noise compatibility measures may be 
required, and a 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 Airports District Office in Memphis, Tennessee.
    The Kenton County Airport Board submitted to the FAA on May 2, 
2000, the noise exposure maps, descriptions, and other documentation 
produced during the FAR Part 150 Noise Compatibility Study Update, 
initiated August 1998. The Cincinnati/Northern Kentucky International 
Airport noise exposure maps were determined by FAA to be in compliance 
with applicable requirements on June 8, 2000. Notice of this 
determination was published in the Federal Register on June 16, 2000.
    The Cincinnati/Northern Kentucky International Airport Noise 
Compatibility Program Update 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 beyond the year 2005. 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 June 8, 2000, 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 an approval of 
such a program.
    The submitted program contained sixteen (16) operational measures, 
eighteen (18) land use measures and six (6) implementation measures. 
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 
Administrator effective December 5, 2000.
    Approval for Part 150 was granted, in total or in part, for ten 
(10) of the proposed operational (noise abatement) measures; one 
measure was withdrawn for additional study; four measures did not 
require approval, and one measure was deferred until the environmental 
analysis and FAA decision concerning the associated runway development 
proposal is completed and FAA has evaluated the measure for safety and 
efficiency. Approval was granted, in total or in part, for sixteen (16) 
of the land use and implementation actions. Eight (8) of the land use 
and implementation actions did not require approval. Land use 
mitigation measures include voluntary acquisition, purchase assurance, 
and sound insulation of residences, sound insulation for eligible 
schools and churches, purchase of undeveloped approved residential 
lots, and support of Boone County Planning Commission's Comprehensive 
Plan compatible land use policies.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on December 5, 2000. 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 Cincinnati/
Northern Kentucky International Airport, Second Floor, Terminal One, 
Hebron, Kentucky.

    Dated: Issued in Memphis Airports District Office, Memphis, 
Tennessee, December 15, 2000.
LaVerne F. Reid,
Manager, Memphis Airports District Office.
[FR Doc. 01-711 Filed 1-9-01; 8:45 am]
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