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[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Notices]
[Pages 29428-29429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11931]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Availability of Noise Compatibility Program for Chicago Midway 
International Airport, Chicago, Illinois

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The FAA announces its determination that the noise exposure 
maps submitted by the City of Chicago Department of Aviation for 
Chicago Midway International Airport 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'') are in compliance with 
applicable requirements. The FAA also announces that it is reviewing a 
proposed noise compatibility program that was submitted for Chicago 
Midway International Airport under Part 150 in

[[Page 29429]]

conjunction with the noise exposure map, and that this program will be 
approved or disapproved on or before November 18, 2013.

DATES: This notice is effective May 20, 2013, and is applicable April 
22, 2013. The public comment period ends June 19, 2013.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Hanson, Environmental 
Protection Specialist, CHI-603, Federal Aviation Administration, 
Chicago Airport District Office, 2300 East Devon Avenue, Des Plaines, 
IL 60018. Telephone number: 847-294-7354. Comments on the proposed 
noise compatibility program should also be submitted to the above 
office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds 
that the noise exposure maps submitted for Chicago Midway International 
Airport are in compliance with applicable requirements of Part 150, 
effective May 20, 2013. Further, FAA is reviewing a proposed noise 
compatibility program for that airport which will be approved or 
disapproved on or before November 18, 2013. This notice also announces 
the availability of this program for public review and comment.
    Under 49 U.S.C., section 47503 (the Aviation Safety and Noise 
Abatement Act, hereinafter referred to as ``the Act''), an airport 
operator may submit to the FAA noise exposure maps which meet 
applicable regulations and which depict non-compatible land uses as of 
the date of submission of such maps, a description of projected 
aircraft operations, and the ways in which such operations will affect 
such maps. The Act requires such maps to be developed in consultation 
with interested and affected parties in the local community, government 
agencies, and persons using the airport.
    An airport operator who has submitted noise exposure maps that are 
found by FAA to be in compliance with the requirements of 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 take to reduce existing non-compatible uses and 
prevent the introduction of additional non-compatible uses.
    City of Chicago Department of Aviation submitted to the FAA on 
April 22, 2013 noise exposure maps, descriptions and other 
documentation that were produced during noise compatibility planning 
study conducted from 2011 through 2013. It was requested that the FAA 
review this material as the noise exposure maps, as described in 
section 47503 of the Act, and that the noise mitigation measures, to be 
implemented jointly by the airport and surrounding communities, be 
approved as a noise compatibility program under section 47504 of the 
Act.
    The FAA has completed its review of the noise exposure maps and 
related descriptions submitted by City of Chicago Department of 
Aviation. The specific documentation determined to constitute the noise 
exposure maps includes: Exhibit 3-1, Exhibit 3-2, and Chapter 3 of the 
Part 150 study document. The FAA has determined that these maps for 
Chicago Midway International Airport are in compliance with applicable 
requirements. FAA's determination on an airport operator's noise 
exposure maps is limited to a finding that the maps were developed in 
accordance with the procedures contained in Appendix D of FAR Part 150. 
Such determination does not constitute approval of the applicant's 
data, information or plans, or constitute a commitment to approve a 
noise compatibility program or to fund the implementation of that 
program.
    If questions arise concerning the precise relationship of specific 
properties to noise exposure contours depicted on a noise exposure map 
submitted under section 47503 of the Act, it should be noted that the 
FAA is not involved in any way in determining the relative locations of 
specific properties with regard to the depicted noise contours, or in 
interpreting the noise exposure maps to resolve questions concerning, 
for example, which properties should be covered by the provisions of 
section 47506 of the Act. These functions are inseparable from the 
ultimate land use control and planning responsibilities of local 
government. These local responsibilities are not changed in any way 
under Part 150 or through FAA's review of noise exposure maps. 
Therefore, the responsibility for the detailed overlaying of noise 
exposure contours onto the map depicting properties on the surface 
rests exclusively with the airport operator that submitted those maps, 
or with those public agencies and planning agencies with which 
consultation is required under section 47503 of the Act. The FAA has 
relied on the certification by the airport operator, under section 
150.21 of FAR Part 150, that the statutorily required consultation has 
been accomplished.
    Preliminary review of the submitted noise compatibility program for 
Chicago Midway International Airport indicates that it conforms to the 
requirements for the submittal of noise compatibility programs, but 
that further review will be necessary prior to approval or disapproval 
of the program. The formal review period, limited by law to a maximum 
of 180 days, will be completed on or before November 18, 2013. A public 
hearing was held on March 21, 2013 at The Mayfield, 6072 S. Archer 
Avenue, Chicago, Illinois.
    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 
measures may reduce the level of aviation safety, create an undue 
burden on interstate or foreign commerce, or be reasonably consistent 
with obtaining the goal of reducing existing non-compatible land uses 
and preventing the introduction of additional non-compatible land uses. 
Interested persons are invited to comment on the proposed program with 
specific reference to these factors. All comments, 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 FAA's evaluation of the maps, and the proposed noise compatibility 
program are available for examination at the following locations:

Federal Aviation Administration, Chicago Airport District Office, 2300 
East Devon Avenue, Des Plaines, IL 60018.

CDA Environment Division, Chicago O'Hare International Airport, 10510 
W. Zemke Road, Chicago, IL 60666.

Airport Maintenance Complex, Chicago Midway International Airport, 6201 
S. Laramie Avenue, Chicago, IL 60638.

    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Des Plaines, IL.

    Dated: May 13, 2013.
James G. Keefer,
Manager, Chicago Airports District Office .
[FR Doc. 2013-11931 Filed 5-17-13; 8:45 am]
BILLING CODE 4910-13-P
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