Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 5239

statutorily required consultation has 

been accomplished. 

Copies of the full noise exposure map 

documentation and of the FAA’s 

evaluation of the maps are available for 

examination at the following locations: 

Federal Aviation Administration, 

Community and Environmental Needs 

Division, APP-600, 800 Independence 

Avenue, SW., Washington, DC 20591; 

Federal Aviation Administration, 

Western-Pacific Region, Airports 

Division, Room 3012, 15000 Aviation 

Boulevard, Hawthorne, California 

90261; 

Federal Aviation Administration, San 

Francisco Airports District Office, 831 

Mitten Road, Burlingame, California 

94010–1303; 

W. Carl Honaker, Acting Director of 

County Airports, County of Santa Clara, 

Roads & Airports Department, Airport 

Division, 2500 Cunningham Avenue, 

San Jose, California 94148. 

Questions may be directed to the 

individual named above under the 

heading FOR FURTHER INFORMATION

CONTACT.

Issued in Hawthorne, California, on 

January 13, 2004. 

Ellsworth L. Chan, 

Acting Manager, Airports Division, AWP–600, 

Western-Pacific Region.

[FR Doc. 04–2205 Filed 2–2–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Commission 

Receipt of an Amendment to Noise 

Compatibility Program and Request for 

Review

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Notice.

SUMMARY: The Federal Aviation 

Administration (FAA) announces that it 

is reviewing a proposed amendment to 

the noise compatibility program that has 

been submitted on January 12, 2004 for 

Toledo Express Airport under the 

provisions of 49 U.S.C. 47501 et seq.

(the Aviation Safety and Noise 

Abatement Act, hereinafter referred to 

as ‘‘the Act’’) and 14 CFR part 150 by 

Toledo-Lucas County Port Authority. 

This amendment to the program was 

submitted subsequent to the approval by 

FAA of the noise compatibility program 

on July 22, 2003 and a determination 

that the associated noise exposure maps 

submitted under 14 CFR part 150 for 

Toledo Express Airport were in 

compliance with applicable 

requirements, effective January 24, 

2003, published in the Federal Register

February 14, 2003. The proposed noise 

compatibility program amendment will 

be approved or disapproved on or before 

July 11, 2004.

EFFECTIVE DATE: The effective date of the 

start of FAA’s review of the noise 

compatibility program amendment is 

January 14, 2004. The public comment 

period ends March 13, 2004.

FOR FURTHER INFORMATION CONTACT:

Katherine S. Jones, Community Planner, 

DET ADO 606, Detroit Airports District 

Office, 11677 South Wayne Road, Ste. 

107, Romulus, MI 48174. Comments on 

the proposed noise compatibility 

program amendment should also be 

submitted to the above office.

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA is 

reviewing a proposed noise 

compatibility program amendment for 

Toledo Express Airport, which will be 

approved or disapproved on or before 

July 11, 2004. This notice also 

announces the availability of this 

program amendment for public review 

and comment. 

An airport operator who has 

submitted noise exposure maps that are 

found by FAA to be in compliance with 

the requirements of Federal Aviation 

Regulations (FAR) Part 150, 

promulgated pursuant to the Act, may 

submit a noise compatibility program 

for FAA approval which sets forth the 

measures the operator has taken or 

proposes to reduce existing noncompatible uses and prevent the 

introduction of additional noncompatible uses. 

The FAA has formally received the 

noise compatibility program 

amendment for Toledo Express Airport, 

effective on January 12, 2004. The 

airport operator has requested that the 

FAA review this material and that the 

noise mitigation measure, to be 

implemented jointly by the airport and 

surrounding communities, be approved 

as a noise compatibility program under 

section 47504 of the Act. Preliminary 

review of the submitted material 

indicates that it conforms to FAR Part 

150 requirements for the submittal of 

noise compatibility program 

amendment, but that further review will 

be necessary prior to approval or 

disapproval of the program amendment. 

The formal review period, limited by 

law to a maximum of 180 days, will be 

completed on or before July 11, 2004. 

The FAA’s detailed evaluation will be 

conducted under the provisions of 14 

CFR part 150, section 150.33. The 

primary considerations in the 

evaluation process are whether the 

proposed amended measures may 

reduce the level of aviation safety or 

create an undue burden on interstate or 

foreign commerce, and whether they are 

reasonably consistent with obtaining the 

goal of reducing existing noncompatible land uses and preventing the 

introduction of additional noncompatible land uses. 

Interested persons are invited to 

comment on the proposed program 

amendment with specific reference to 

these factors. All comments relating to 

these factors, 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 existing approved 

noise compatibility program and the 

proposed noise compatibility program 

amendment are available for 

examination at the following locations: 

Federal Aviation Administration, 

Detroit Airports District Office, 11677 

South Wayne Road, Ste. 107, Romulus, 

Michigan 48174. 

Toledo-Lucas County Port Authority, 

Toledo Express Airport, 11013 Airport 

Highway, Box 11, Swanton, Ohio 43558. 

Questions may be directed to the 

individual named above under the 

heading FOR FURTHER INFORMATION

CONTACT.

Issued in Romulus, Michigan, January 14, 

2004. 

Irene R. Porter, 

Manager, Detroit Airports District Office.

[FR Doc. 04–2199 Filed 2–2–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

Proposed Notification Regarding 

Function and Reliability Testing for 

Turbofan-Powered Airplanes of 6,000 

Pounds or Less Maximum Certificated 

Weight

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of intent and request for 

comments. 

SUMMARY: All new certification projects 

for turbofan-powered airplanes of 6,000 

pounds or less maximum certificated 

weight will be reviewed for possible 

issuance of special conditions to require 

function and reliability testing. The 

special condition, if required, would 

effectively require compliance with the 

requirements of 14 CFR part 21, section 

21.35, paragraphs (b)(2) and (f), and 

would be issued under the procedural 

rules found in 14 CFR part 11. Such a 

special condition will not be applied to 

5240 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Notices 

any ongoing, active certification project 

with an established certification basis.

DATES: Send comments by March 4, 

2004.

ADDRESSES: Send all comments to Mr. 

Steve Thompson, Small Airplane 

Directorate (ACE–112), Federal Aviation 

Administration, 901 Locust, Room 301, 

Kansas City, Missouri 64106. Comments 

may also be sent by electronic mail to 

steven.thompson@faa.gov. Comments 

may be inspected at the above address 

between 7:30 a.m. and 4 p.m. weekdays, 

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 

Steve Thompson, Small Airplane 

Directorate (ACE–112), Federal Aviation 

Administration, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone 

(816) 329–4126, fax (816) 329–4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite your comments on this 

notice. Send any data or views about the 

subject of this notice, as desired. 

Identify comments with ‘‘Small Jets 

Function and Reliability Comments, 

ATTN: Steve Thompson.’’ The FAA will 

consider all comments received by the 

closing date listed above before issuing 

a final notice. 

Background 

Before Amendment 3–4, Section 3.19 

of Civil Air Regulation (CAR) part 3 

required service tests of all airplanes 

type certificated on or after May 15, 

1947. The purpose of these tests was to 

‘‘ascertain whether there is reasonable 

assurance that the airplane, its 

components, and equipment are reliable 

and function properly.’’

Amendment 3–4 to CAR part 3 

became effective January 15, 1951, and 

deleted the service test requirement in 

Section 3.19 for airplanes of 6,000 

pounds maximum weight or less. The 

introductory text published in 

Amendment 3–4 explained that most of 

the significant changes in the 

amendment stemmed from ‘‘the desire 

for simplification of the rules in this 

part with respect to the smaller 

airplanes, specifically those of 6,000 

pounds maximum weight or less, which 

would be expected to be used mainly as 

personal airplanes.’’ The introductory 

material also stated the service test 

requirement was removed for airplanes 

of 6,000 pounds maximum weight or 

less because ‘‘experience seems to 

indicate that this rule imposes a burden 

upon the manufacturers not 

commensurate with the safety gained.’’

The requirement for function and 

reliability testing, and the exception for 

airplanes of 6,000 pounds or less 

maximum weight, is now found in 14 

CFR part 21, section 21.35(b)(2). 

The decision to except airplanes of 

6,000 pounds maximum weight or less 

from function and reliability testing was 

based on the state of technology 

envisaged in 1951. At that time, 

airplanes of 6,000 pounds maximum 

weight or less were expected to be used 

mainly as personal airplanes. The safety 

gained by requiring function and 

reliability testing for these airplanes did 

not warrant the associated added 

burden on the manufacturers. However, 

advances in technology have made 

possible creating turbofan-powered 

airplanes weighing less than 6,000 

pounds that have complexity and design 

features not envisaged in 1951. These 

airplanes may also incorporate turbine 

engines of a type not previously used in 

a type-certificated aircraft. Because of 

their capabilities, these airplanes are 

viable business and commercial 

transportation and are not expected to 

be used mainly as personal airplanes. 

Therefore, a special condition to require 

function and reliability testing for 

turbofan-powered airplanes weighing 

6,000 pounds or less may be needed to 

establish safety equivalent to that 

established by the existing 

airworthiness standards.

Issued in Kansas City, Missouri, on January 

13, 2004. 

Dorenda D. Baker, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service.

[FR Doc. 04–2195 Filed 2–2–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

Notice of Intent To Rule on Application 

04–16–C–00–ORD To Impose a 

Passenger Facility Charge (PFC) at 

Chicago O’Hare International Airport 

and To Use the Revenue at Chicago 

O’Hare International Airport, Chicago, 

Illinois.

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of intent to rule on 

application. 

SUMMARY: The FAA proposes to rule and 

invites public comment on the 

application to impose a PFC at Chicago 

O’Hare International Airport and use the 

revenue at Chicago O’Hare International 

Airport under the provisions of the 

Aviation Safety and Capacity Expansion 

Act of 1990 (Title IX of the Omnibus 

Budget Reconciliation Act of 1990) 

(Pub. L. 101–508) and part 158 of the 

Federal Aviation Regulations (14 CFR 

Part 158).

DATES: Comments must be received on 

or before March 4, 2004.

ADDRESSES: Comments on this 

application may be mailed or delivered 

in triplicate to the FAA at the following 

address: Federal Aviation 

Administration, Chicago Airports 

District Office, 2300 East Devon 

Avenue, Room 320, Des Plaines, Illinois 

60018. 

In addition, one copy of any 

comments submitted to the FAA must 

be mailed or delivered to Mr. Thomas R. 

Walker, Commissioner of the City of 

Chicago Department of Aviation at the 

following address: Chicago O’Hare 

International Airport, P.O. Box 66142, 

Chicago, IL 60666. 

Air carriers and foreign air carriers 

may submit copies of written comments 

previously provided to the City of 

Chicago Department of Aviation under 

section 158.23 of part 158.

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas E. Salaman, Chicago 

Metropolitan Program Manager, Federal 

Aviation Administration, Chicago 

Airports District Office, 2300 East 

Devon Avenue, Room 320, Des Plaines, 

IL 60018, telephone (847) 294–7436. 

The application may be reviewed in 

person at this same location.

SUPPLEMENTARY INFORMATION: The FAA 

proposes to rule and invites public 

comment on the application to impose 

a PFC at Chicago O’Hare International 

Airport and use the revenue at Chicago 

O’Hare International Airport under the 

provisions of the Aviation Safety and 

Capacity Expansion Act of 1990 (Title 

IX of the Omnibus Budget 

Reconciliation Act of 1990) (Pub. L. 

101–508) and part 158 of the Federal 

Aviation Regulations (14 CFR part 158). 

On January 21, 2004, the FAA 

determined that the application to 

impose and use the revenue from a PFC 

submitted by the City of Chicago 

Department of Aviation was 

substantially complete within the 

requirements of section 158.25 of part 

158. The FAA will approve or 

disapprove the application, in whole or 

in part, no later than April 21, 2004. 

The following is a brief overview of 

the application. 

PFC application number: 04–16–C–

00–ORD. 

Level of the proposed PFC: $4.50. 

Revised proposed charge expiration 

date: October 1, 2019. 

Total estimated PFC revenue:

$37,000,000. 

Brief description of proposed projects 

at the $4.50 level: