[Federal Register Volume 69, Number 136 (Friday, July 16, 2004)]
[Notices]
[Pages 42801-42802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16105]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

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 proposed amendment to the noise compatibility program 
submitted by the Toledo-Lucas County Port Authority for the Toledo 
Express Airport 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 nonfederal responsibilities in Senate Report No. 96-52 
(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 1, 2004, the 
FAA approved the Toledo Express Airport amendment to the noise 
compatibility program. All of the recommendations of the program were 
approved. No program elements relating to new or revised flight 
procedures for noise abatement were proposed by the airport operator.

DATES: The effective date of the FAA's approval of the Toledo Express 
Airport noise compatibility program is July 1, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Katherin S. Jones, Community 
Planner, Detroit Airport District Office, 11677 S. Wayne Road, Ste. 
107, Romulus, MI 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 1, 2004.
    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 and procedures of FAR Part 150;
    b. Program measures are reasonably consistent with achieving the 
goals of reducing existing non-compatible and users 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 ares 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 
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 measurers 
covered by the program are eligible for grant-in-aid funding from the 
FAA. Where federal funding is sought, requests for projects grants must 
be submitted to the FAA Airports District Office in Romulus, MI.
    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 2004. 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, FR Doc. 03-3600).
    The Toledo Express Airport study contains a proposed amendment to 
the noise compatibility program comprised of actions designed for 
phased implementation by airport management and adjacent jurisdictions 
from 2004 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 14, 2004 and was required by a provision of the Act to approve 
or disapprove the program within 180 days (other than the use of new or 
modified 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 one proposed action for noise 
mitigation on and/or off the airport, as applicable). The FAA completed 
its review and determined that the procedural and substantive 
requirements of the Act and

[[Page 42802]]

FAR Part 150 have been satisfied. The overall program, therefore, was 
approved by the FAA effective July 1, 2004.
    Outright approval was granted for all of the specific program 
elements. The approved measure was to Acquire the Swanton Township 
School.
    These determinations are set forth in detail in a Record of 
Approval signed by the Associate Administrator for Airports on July 1, 
2004. 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 Romulas, MI, July 2, 2004.
Irene R. Porter,
Manager, Detroit Airport District Office.
[FR Doc. 04-16105 Filed 7-15-04; 8:45 am]
BILLING CODE 4910-13-M