[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Notices]
[Pages 58838-58840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25264]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program Cleveland Hopkins Airport 
Cleveland, OH

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 city of 
Cleveland, Cleveland, Ohio, under the provisions of Title I of the 
Aviation Safety and Noise Abatement Act of 1979 (Public Law 96-193) 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

[[Page 58839]]

February 25, 2000, the FAA determined that the noise exposure maps 
submitted by the city of Cleveland under Part 150 were in compliance 
with applicable requirements. On August 23, 2000, the FAA approved the 
Cleveland Hopkins International Airport noise compatibility program.
    A total of fourteen (14) measures were included in the city of 
Cleveland's Noise Compatibility Plan, which continue or expand the 
intent of the approved 1987 NCP. Of the fourteen (14) measures 
included, seven (7) are listed as ``Noise Abatement Plan Measures'', 
four (4) are listed as ``Land Use Management Measures''. and three (3) 
are listed as ``Program Management Measures.'' All of the 
recommendations of the program were approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the 
Cleveland Hopkins International Airport noise compatibility program is 
August 23, 2000.

FOR FURTHER INFORMATION CONTACT: Ernest Gubry, Federal Aviation 
Administration, Detroit Airports District Office, Willow Run Airport, 
East, 8820 Beck Road, Belleville, Michigan 48111, 734-487-7280. 
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 Cleveland 
Hopkins International Airport, effective August 23, 2000.
    Under section 104(a) of the Aviation Safety and Noise Abatement Act 
of 1979 (hereinafter referred to as ``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 
noncompatible land uses and prevention of additional noncompatible 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 or reducing existing noncompatible land uses around the airport 
and preventing the introduction of additional noncompatible 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 the 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 Detroit Airports District Office in Belleville, 
Michigan.
    The City of Cleveland submitted to the FAA on February 23, 2000, 
noise exposure maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from January, 
1998 through May, 1999. The Cleveland Hopkins International Airport 
noise exposure maps were determined by the FAA to be in compliance with 
applicable requirements on February 25, 2000. Notice of this 
determination was published in the Federal Register on March 7, 2000.
    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 the date of study completion to the year 2006. It was requested 
that the FAA evaluate and approve this material as a noise 
compatibility program as described in section 104(b) of the Act. The 
FAA began its review of the program on February 25, 2000, and was 
required by a provision of the Act to approve and disapprove the 
program within 180 days (other than the use of new flight procedures 
for noise control). Failure to approve or disapprove such program 
within the 180-day period would have been deemed to be an approval of 
such program.
    The submitted program contained 14 proposed actions for noise 
mitigation on and off the airport. 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 Assistant Administrator for Airports effective 
August 23, 2000.
    Outright approval was granted for all of the specific program 
elements. Seven (7) of the fourteen (14) measures submitted are listed 
as ``Noise Abatement Measures''. Of the seven (7) measures, one (1) 
deals with ground run-ups, five (5) deal with departure flight tracks, 
and one (1) deals with approach flight tracks. Four (4) of the fourteen 
(14) measures submitted are listed as ``Land Use Measures''. These four 
(4) measures include encouraging local jurisdictions to adopt land use 
development controls and construction standards and real estate 
disclosure policies regarding airport noise, sound insulating 
residences within the higher levels of the noise exposure, 65+ DNL, and 
Sound insulating residences within or contiguous to the 60 DNL band of 
the NCP noise contours. Three (3) of the fourteen (14) measures 
submitted are listed as ``Program Management Measures''. These three 
(3) measures include providing system enhancements to the aircraft/
airport noise monitoring system, implementing a ``Fly Quiet'' 
communication program, and continue periodic updates of the NCP and 
reviews of the NEMs.
    These fourteen (14) determinations are set forth in detail in a 
Record of Approval endorsed by the Assistant Administrator for Airports 
on August 23, 2000. The Record of Approval, as well as other evaluation 
materials and documents which comprised the

[[Page 58840]]

submittal to the FAA, are available for review at the following 
locations:

Federal Aviation Administration, 800 Independence Avenue, S.W., Room 
617, Washington, D.C. 20591;
Federal Aviation Administration, Detroit Airports District Office, 
Willow Run Airport, East, 8820 Beck Road, Belleville, Michigan 48111;
City of Cleveland, Department of Port Control, 5300 Riverside Drive, 
Cleveland, Ohio 44315-3193.
    Questions may be directed to the individual named above under the 
hearing, FOR FURTHER INFORMATION CONTACT.

    Issued in Belleville, Michigan, August 30, 2000.
James M. Opatrny,
Acting Manager, Detroit Airports District Office, Great Lakes Region.
[FR Doc. 00-25264 Filed 9-29-00; 8:45 am]
BILLING CODE 4910-13-M