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[Federal Register: March 12, 2010 (Volume 75, Number 48)]
[Notices]               
[Page 11990-11991]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr10-186]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Chicago Executive Airports Noise Exposure Map Approval and Noise 
Compatibility Program Review

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure maps submitted by the Chicago 
Executive Airport Board of Directors for Chicago Executive Airport 
under the provisions of 49 U.S.C. 47501 et. seq (Aviation Safety and 
Noise Abatement Act) and 14 CFR 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 
Executive Airport under Part 150 in conjunction with the noise exposure 
map, and that this program will be approved or disapproved on or before 
October 1, 2010.

DATES: Effective Date: The effective date of the FAA's determination on 
the noise exposure maps and of the start of its review of the 
associated noise compatibility program is March 1, 2010. The public 
comment period ends May 1, 2010.

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 Executive Airport 
are in compliance with applicable requirements of Part 150, effective 
March 1, 2010. Further, FAA is reviewing a proposed noise compatibility 
program for that airport which will be approved or disapproved on or 
before October 1, 2010. This notice also announces the availability of 
this program for public review and comment. Under 49 U.S.C. 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 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 take to reduce 
existing non-compatible uses and prevent the introduction of additional 
non-compatible uses.
    Chicago Executive Airport Board of Directors submitted to the FAA 
on June 18, 2009 noise exposure maps, descriptions and other 
documentation that were produced during noise compatibility planning 
study conducted from 2000 through 2009. 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 Chicago Executive Airport Board of 
Directors. The specific documentation determined to constitute the 
noise exposure maps includes: Exhibit S1, Exhibit S2, Chapters C-F, and 
the Supplemental Chapter of the Part 150 study document). The FAA has 
determined that these maps for Chicago Executive Airport are in 
compliance with applicable requirements. This determination is 
effective on March 1, 2010. 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 
A 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

[[Page 11991]]

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. The FAA has formally received the 
noise compatibility program for Chicago Executive Airport, also 
effective on January 26, 2009. Preliminary review of the submitted 
material 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 October 1, 2010. A public hearing was held on 
December 4, 2007 at the Chicago Executive Airport.
    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.
    Chicago Executive Airport, 1020 South Plant Road, Wheeling, IL 
60090.
    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Des Plaines, IL on March 1, 2010.
James G. Keefer,
Manager, Chicago Airports District Office.
[FR Doc. 2010-5201 Filed 3-11-10; 8:45 am]
BILLING CODE 4910-13-P
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