[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Notices]
[Pages 49837-49838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21225]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


FAA Approval of Noise Compatibility Program 14 CFR Part 150, 
Toledo Express Airport, Toledo, OH

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by the Toledo-
Lucas county Port Authority under the

[[Page 49838]]

provisions of 49 U.S.C. (the Aviation Safety and Noise Abatement Act, 
hereinafter referred to as ``the Act'') and 14 CFR part 150. These 
findings are made in recognition of the description of Federal and 
nonfederal responsibilities in Senate Report No. l96-52 (1980). On 
January 24, 2003 the FAA determined that the noise exposure maps 
submitted by the Toledo-Lucas County Port Authority under Part 150 were 
in compliance with applicable requirements. On, July 18, 2003 the FAA 
approved the Toledo Express Airport noise compatibility program. All of 
the recommendations of the program were approved.

DATES: The effective date of the FAA's approval of the Toledo Express 
Airport noise compatibility program is July 18, 2003.

FOR FURTHER INFORMATION CONTACT: Katherine Jones, Federal Aviation 
Administration, Great Lakes Region, Detroit Airports District Office, 
DET ADO-606, Metro Airport Center, 11677 S. Wayne Road, Ste. 107, 
Romulus, Michigan 48174, (734) 229-2958. 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 Toledo 
Express Airport, effective July 18, 2003.
    Under Section 47504 of 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 non-compatible 
land uses and prevention of additional non-compatible 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 of FAR Part 150;
    b. Program measures are reasonably consistent with achieving the 
goals of reducing existing non-compatible land uses around the airport 
and preventing the introduction of additional non-compatible land uses;
    c. Program measures would not create an undue burden on interstate 
or foreign commerce, unjustly discriminate against all types or 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 airspace and air traffic control systems, or adversely 
affecting other powers and responsibilities of the Administrator as 
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 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 Romulus, 
Michigan.
    Toledo-Lucas County Port Authority submitted to the FAA on January 
21, 2003 the noise exposure maps, descriptions, and other documentation 
produced during the noise compatibility planning study conducted from 
1999 through 2002. The Toledo Express Airport noise exposure maps were 
determined by FAA to be in compliance with applicable requirements on 
January 24, 2003. Notice of this determination was published in the 
Federal Register on February 14, 2003.
    The Toledo Express Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
the 2002 to the year 2007. It was requested that the FAA evaluate and 
approve this material as a noise compatibility program as described in 
Section 47504 of the Act. The FAA began its review of the program on 
January 24, 2003 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 to be an 
approval of such program.
    The submitted program contained ten 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 FAA effective July 18, 2003.
    Outright approval was granted for all of the specific program 
elements. The approved measures were to Establish Runway 25 as 
preferred for departure by all aircraft, 24 hours per day; Establish 
Runway 7 as preferred for nighttime arrivals, 10 p.m. to 6:59 a.m.; 
Straight-in approaches to Runway 7/25 on final approach course beyond 
the outer marker; Runway heading departures from Runway 7/25 for 
aircraft to fly runway handing until 6 nautical miles from brake 
release; Install sound insulation improvements at Swanton Township 
Elementary School; Establish a noise program office; Establish a noise 
complaint system; Coordinate and communicate with key agencies; Monitor 
aircraft activity and evaluate the plan; and Update the plan on a 
regular basis, as needed.
    These determinations are set forth in detail in a Record of 
Approval signed by the Associate Administrator for Airports on July 18, 
2003. 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 
Toledo-Lucas County Port Authority. The Record of Approval also will be 
available on-line at http://www.faa.gov/arp/environmental/14cfr150/index14.cfm.

    Issued in Romulus, Michigan, July 21, 2003.
Irene R. Porter,
Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. 03-21225 Filed 8-18-03; 8:45 am]
BILLING CODE 4910-13-M