[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Notices]
[Pages 7645-7646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3600]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review; Toledo Express Airport, Toledo, OH

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 Toledo-
Lucas County Port Authority for the Toledo Express 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 Toledo 
Express Airport under Part 150 in conjunction with the noise exposure 
map, and that this program will be approved or disapproved on or before 
July 22, 2003.

EFFECTIVE DATES: 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 January 24, 2003. The public comment period 
ends March 24, 2003.

FOR FURTHER INFORMATION CONTACT: Katherine Jones, Federal Aviation 
Administration, Great Lakes Region, Detroit Airports District Office, 
DET ADO-670.7, Willow Run Airport, East, 8820 Beck Road, Belleville, 
Michigan 48111, (734) 487-7298. 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 Toledo Express Airport are 
in compliance with applicable requirements of part 150, effective 
January 24, 2003. Further, the FAA is reviewing a proposed noise 
compatibility program for that airport which will be approved or 
disapproved on or before July 22, 2003. This notice also announces the 
availability of this program for public review and comment.

[[Page 7646]]

    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 
found by the 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.
    Toledo-Lucas County Port Authority submitted to the FAA on January 
21, 2003 noise exposure maps, descriptions, and other documentation 
which were produced during the Supplemental Part 150 Study to the Final 
1999 part 150 Noise Compatibility Study, January 2003. 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 computability program 
under section 104(b) of the Act.
    The FAA has completed its review of the noise exposure maps and 
related descriptions submitted by Toledo-Lucas County Port Authority. 
The specific maps under consideration are NEM-1, ``Existing (2002) 
Conditions, Noise Exposure Map,'' and NEM-2, ``Future (2007) NEM/NCP 
Conditions,'' on pages NEM-7 and NCP-6, respectively,] in the 
submission. The FAA has determined that these maps for Toledo Express 
Airport are in compliance with applicable requirements. This 
determination is effective on January 24, 2003. 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, 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 the 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.
    The FAA has formally received the noise compatibility program for 
the Toledo Express Airport, also effective on January 24, 2003. 
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 a 180 days, will be completed on or before July 22, 2003.
    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 
locations:

Federal Aviation Administration, 800 Independence Avenue, SW., Room 
617, Washington, DC 20591.
Federal Aviation Administration, Great Lakes Region, Airports Division 
Office, 2300 East Devon Avenue, Room 315, Des Plaines, Illinois 60018.
Federal Aviation Administration, Detroit Airports District Office, 
Willow Run Airport, East, 8820 Beck Road, Belleville, Michigan 48111.
Mr. Paul Toth, Jr. Airport Director, Toledo Express Airport, Swanton, 
Ohio 43558.

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

    Dated: Issued in Belleville, Michigan, January 24, 2003.
Irene R. Porter,
Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. 03-3600 Filed 2-13-03; 8:45 am]
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