[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Notices]
[Pages 1613-1614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-390]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


FAA Approval of Noise Compatibility Program, 14 CFR Part 150; 
Greater Rockford Airport, Rockford, IL

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 (NCP) submitted by Greater 
Rockford Airport Authority (GRAA) under the 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 non-Federal 
responsibilities in Senate Report No. 96-52 (1980). On May, 2003, the 
FAA determined that the noise exposure maps submitted by GRAA under 
part 150 were in compliance with applicable requirements. On November 
3, 2003, the FAA approved the GRAA NCP. All of the recommendations of 
the program were approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the Greater 
Rockford Airport noise compatibility program is November 3, 2003.

FOR FURTHER INFORMATION CONTACT: E. Lindsay Butler, Environmental 
Program Manager, 2300 East Devon Avenue, Des Plaines, Illinois 60018. 
Telephone Number (847) 294-7723 FAX number (847) 294-7046. 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 the Greater 
Rockford Airport, effective November 3, 2003.
    Under section 47504 of the Act, an airport operator who has 
previously submitted a noise exposure map may submit to the FAA an NCP 
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 NCP 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 NCP 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 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 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 
prescribed by law.
    Specific limitations with respect to FAA's approval of an airport 
NCP are delineated in FAR part 150, section 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

[[Page 1614]]

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 Chicago Airports 
District Office in Des Plaines, Illinois.
    The Greater Rockford Airport Authority previously submitted an NCP 
in 1990 and a subsequent update in 1994. All 29 measures were approved 
in full, or withdrawn at the Airport Authority's request, by the FAA on 
August 2, 1995. Noise Exposure Maps (NEMs), as part of the 1994 NCP, 
were accepted by the FAA on January 31, 1995.
    GRAA submitted comprehensive updates of the NCP to the FAA on April 
22, 2003, which included the noise exposure maps, descriptions, and 
other documentation. The GRAA noise exposure maps were determined by 
FAA to be in compliance with applicable requirements on May 8, 2003. 
Notice of this determination was published in the Federal Register on 
May 20, 2003 (68 FR 27616).
    The GRAA update contains a proposed NCP comprised of actions 
designed for phased implementation by airport management and adjacent 
jurisdictions from 2001 to April 2003. It was requested that the FAA 
evaluate and approve this material as a NCP as described in section 
47504 of the Act. The FAA began its review of the program on May 8, 
2003, and was required by a provision of the Act to approve or 
disapprove the program within 180 days. Failure to approve or 
disapprove such program within the 180-day period shall be deemed to be 
an approval of such program.
    The NCP lists 37 recommended measures, which continue or expand the 
intent of the two previously approved NCPs. The FAA groups these 
measures into three categories: noise abatement (16), land use (15) and 
other measures (6). The GRAA recommends 37 measures in this updated NCP 
to remedy existing noise problems and prevent future non-compatible 
land uses. Of the 16 noise abatement measures, six measures continue 
from the 1994 NCP without revisions, five measures were continued with 
revisions, three measures have either been previously withdrawn or are 
recommended for withdrawal, and two measures are new. Of the 15 land 
use measures, two measures are continued with modifications, six 
measures have either been previously withdrawn or are recommended for 
withdrawal and two of the measures are new.
    Of the six other measures, two measures continue from the 1994 NCP, 
one measure is continued with revisions, and three of the measures are 
new.
    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 November 3, 2003.
    These determinations are set forth in detail in a Record of 
Approval signed by the Woodie Woodward, Associate Administrator for 
Airports, on November 3, 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 Greater Rockford Airport.

    Issued in Des Plaines, Illinois on December 29, 2003.
Chad Oliver,
Acting Manager, Chicago Airports District Office, FAA, Great Lakes 
Region.
[FR Doc. 04-390 Filed 1-8-04; 8:45 am]
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