[Federal Register Volume 73, Number 74 (Wednesday, April 16, 2008)]
[Notices]
[Pages 20731-20732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8056]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program Cincinnati/Northern 
Kentucky International Airport, Covington, 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 submitted by the Kenton 
County Airport Board 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 October 9, 2007, the FAA determined that the noise 
exposure maps submitted by the Kenton County Airport Board under Part 
150 were in compliance with applicable requirements. On October 9, 
2007, the FAA approved the Cincinnati/Northern Kentucky International 
Airport noise compatibility program. Most of the recommendations of the 
program were approved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Cincinnati/Northern Kentucky International Airport Noise Compatibility 
Program is April 4, 2008.

FOR FURTHER INFORMATION CONTACT: Phillip Braden, Federal Aviation 
Administration, Memphis Airports District Office, 2862 Business Park 
Drive, Bldg G, Memphis, TN 38118-1555, phone number: 901-322-8180. 
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 April 4, 2008.
    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 operator with respect to which measure should be 
recommended for action. The FM's approval or disapproval of FAR Part 
150 program recommendations is measured according to the standards 
expressed in FAR 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 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 
Noise Compatibility Program 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 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.
    Kenton County Airport Board submitted to the FAA on February 21, 
2007, the Noise Exposure Maps, descriptions, and other documentation 
produced during the noise compatibility planning study conducted from 
December 2003 through December 2006. The Cincinnati/Northern Kentucky 
International Airport Noise Exposure Maps were determined by FAA to be 
in compliance with applicable requirements on October 9, 2007. Notice 
of this determination was published in the Federal Register on October 
17, 2007.
    The Cincinnati/Northern Kentucky International Airport study 
contains a proposed Noise Compatibility Program comprised of actions 
designed for phased implementation by airport management and adjacent 
jurisdictions from December 2006 beyond the year 2011. It was requested 
that FAA evaluate and approve this material as a Noise Compatibility 
Program as described in Section 47504 of the Act. The FM began its 
review of the Program on October 9, 2007, and was required by a 
provisions 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 twenty-nine (29) proposed actions 
for noise mitigation on and off the airport. Sixteen (16) previous 
measures that were completed or withdrawn were also included for 
numbering purposes. 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 
April 4, 2008. Outright approval was granted for twenty-two (22) of the 
specific program elements. Six measures are approved with conditions 
because the measures relate to changes in the nighttime preferential 
runway use program or a departure procedure and require environmental 
analysis, coordination of timing of implementation and revisions to the 
Air Traffic Control Tower Order. One proposed measure was disapproved 
for purposes of Part 150 because the measure would not reduce 
incompatible land development within the DNL 65

[[Page 20732]]

dB contour and the NCP does not indicate that the airport sponsor has 
selected land use guidelines different from those in Table I of Part 
150.
    Fourteen of the measures pertaining to the operation of aircraft at 
CVG were approved, or conditionally approved. Eight of these are 
continuation of existing preferential operational measures. Two 
existing measures relating to nighttime arrival and departure runway 
priorities are approved to be withdrawn at the time three proposed 
measures modifying the nighttime runway use program are implemented. 
Because of changes in FAA requirements, one previously approved 
operational procedure must be modified. The Kenton County Airport Board 
is currently working with the Air Traffic Organization to develop a 
refined departure procedure that will result in the same noise benefit 
as the previously approved flight corridor consistent with FAA Order 
8260.3B. The defined procedure, as modified, must be coordinated with 
the appropriate FAA line of businesses before being published. The ANAV 
procedure has not been implemented.
    Eleven (11) land use measures were approved for continuation or 
continuation with modification to include additional area. Three 
implementation measures were approved.
    These determinations are set forth in detail in a Record of 
Approval signed by the FAA on April 4, 2008. The Record of Approval, as 
well as other evaluation materials and the documents comprising the 
submiftal, are available for review at the FAA office listed above and 
at the administrative office of the Kenton County Airport Board. The 
Record of Approval also will be available on-line at: http://www.faa.gov//airportsairtraffic/airports/environmental/airportnoise/part150/states/.

    Issued in Memphis, Tennessee on April 8, 2008.
Phillip J. Braden,
Manager, Memphis Airports District Office.
[FR Doc. E8-8056 Filed 4-15-08; 8:45 am]
BILLING CODE 4910-13-M