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[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Notices]
[Pages 16910-16911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06266]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Approval of Noise Compatibility Program for Cleveland-Hopkins 
International Airport, Cleveland, Ohio

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The FAA announces its findings on the noise compatibility 
program submitted by the City of Cleveland, Ohio under the provisions 
of 49 U.S.C. 47501 et seq. (formerly the Aviation Safety and Noise 
Abatement Act, hereinafter referred to as ``the Act'') and 14 CFR part 
150 (hereinafter referred to as ``Part 150''). On June 6, 2012, the FAA 
determined that the noise exposure maps submitted by the City of 
Cleveland, Ohio under Part 150 were in compliance with applicable 
requirements. On November 29, 2012 the FAA approved the Cleveland-
Hopkins International Airport noise compatibility program. Twelve 
recommendations were granted outright approval; six were approved in 
part; one was withdrawn; one was disapproved; and one required no 
action.

DATES: This notice is effective March 19, 2013, and is applicable 
beginning December 12, 2012.

FOR FURTHER INFORMATION CONTACT: Katherine S. Delaney, 11677 S. Wayne 
Road, Suite 107, Romulus, Michigan; Email: Katherine.S.Delaney@faa.gov; 
Phone: 734-229-2900. Documents reflecting this FAA action may be 
reviewed at this same location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has made 
a determination on each measure in the Noise Compatibility Program for 
Cleveland Hopkins International Airport, effective November 29, 2012.
    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 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 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 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

[[Page 16911]]

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. Prior to an FAA decision on a request to 
implement the action, an environmental review of the proposed action 
may be required. 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 under applicable law contained in 
Title 49 U.S.C. Where federal funding is sought, requests for project 
grants must be submitted to the FAA Airports District Office in 
Romulus, Michigan.
    The Cleveland-Hopkins International Airport study contains a 
proposed noise compatibility program comprised of actions designed for 
phased implementation by airport management and adjacent jurisdictions 
from 2011 to the year 2017. 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 
June 6, 2012 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. A total of twenty-one proposed actions for 
noise abatement, land use planning and program management on and off 
the airport were evaluated. The FAA completed its review and determined 
that the procedural and substantive requirements of the Act and Part 
150 have been satisfied. The overall program was approved by the FAA, 
effective November 29, 2012.
    Outright approval was granted for twelve specific program measures. 
The measures that were granted outright approved were: Continue 
voluntary restriction of run-ups and engine maintenance testing as 
specified in the 1987 NCP and updated in the 2000 NCP; Continue to 
encourage the use of noise abatement departure profiles (NADPs); Adopt 
land use development controls and construction standards in the local 
communities surrounding the Airport to include those within the 60 dB 
DNL contour; Adopt real estate disclosure policies regarding airport 
noise exposure in the local communities surrounding the Airport, to 
include those within the 60 dB DNL contour; Complete sound insulation 
of residences within the higher levels of the Noise Exposure, 65+ DNL; 
Sound insulation program within 60 dB DNL contours; Expand capabilities 
of the Airport's Noise and Operations Monitoring System (NOMS) by 
acquiring and installing six new permanent noise monitors and more 
fully utilizing the analysis capabilities of the current software; 
Investigate the feasibility of a new state-of-the-art NOMS system to 
replace the current system in its entirety; Expand the content of the 
Airport's Quarterly Noise Reports; Update the tower's Standard 
Operating Procedures Manual to reflect all FAA-approved NCP measures; 
Retain the current Part 150 working group and continue to report on 
information regarding noise issues; and Continue periodic updates of 
the NCP and reviews of the NEMs.
    The FAA approved the following measures in part: Develop and 
implement new RNAV flight procedures for departures from Runways 6L and 
6R; Develop and implement new RNAV flight procedures for departures 
from Runways 24L and 24R; Modify existing standard instrument 
departures (SIDs) to reduce early turns after take-off; Designate 
Runway 6R as the preferred late night (11:00 p.m. to 6:00 a.m.) 
departure runway; Wind and weather permitting, instruct arriving 
aircraft at night (10:00 p.m. to 6:59 a.m. to intercept the final 
approach course to all runways no closer than four miles; and Update 
the ``Fly Quiet'' Communication Program.
    The FAA disapproved one measure: Encourage the FAA and airlines 
operating at CLE to use optimized profile descents (OPDs) between 11:00 
p.m. and 6:00 a.m. for arrivals to Runway 6L, 6R, 24L, and 24R. No 
action was taken on one measure: Add a minimum turn altitude to initial 
departure clearances.
    The Airport Sponsor requested one measure to be withdrawn: 
Construction of enclosed ground run-up facility. These determinations 
are set forth in detail in a Record of Approval signed by the Great 
Lakes Airports Division Manager on November 29, 2012. 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 Cleveland-Hopkins 
International Airport, Ms. Traci Clark, Deputy Chief Planning and 
Engineering, Cleveland-Hopkins International Airport, 5301 W. Hangar 
Road, Cleveland, Ohio 44135.
    The Record of Approval will also be available on-line at: http://www.faa.gov/airports airtraffic/airports/environmental/airport noise/
part 150/states/.

    Issued in Romulus, Michigan, on December 12, 2012.
John L. Mayfield, Jr.,
Manager, Detroit.
[FR Doc. 2013-06266 Filed 3-18-13; 8:45 am]
BILLING CODE 4910-13-P
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