[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Notices]
[Pages 29776-29778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14425]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


FAA Approval of Noise Compatibility Program and Determination on 
Revised Noise Exposure Maps Akron-Canton Regional Airport Akron, Ohio

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 Akron-Canton 
Regional Airport Authority under the provisions of Title I of the 
Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 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 October 16, 1997, the FAA determined that the noise exposure 
maps submitted by Akron-Canton Regional Airport Authority under Part 
150 were in compliance with applicable requirements. On April 9, 1998, 
the Associate Administrator for Airports approved the Akron-Canton 
Regional Airport noise compatibility program.
    Most of the recommendations of the program were approved. The 
Akron-Canton Regional Airport Authority has also requested under FAR 
Part 150, section 150.35(f), that FAA determine that revised noise 
exposure maps submitted with the noise compatibility program and 
showing noise contours as a result of the implementation of the noise 
compatibility program are in compliance with applicable requirements of 
FAR Part 150. The FAA announces its determination that the revised 
noise exposure maps for Akron-Canton Regional Airport for the years 
submitted with the noise compatibility program, are in compliance with 
applicable requirements of FAR Part 150 effective May 13, 1998.

EFFECTIVE DATE: The effective date of the FAA's approval of the Akron-
canton Regional Airport noise compatibility program is April 9, 1998. 
The effective date of the FAA's determination on the revised noise 
exposure maps is May 13, 1998.

FOR FURTHER INFORMATION CONTACT:
Lawrence C. King, program Manager, Federal Aviation administration, 
Detroit Airports District Office, Willow Run Airport, East, 8820 Beck 
Road, Belleville, Michigan 48111. 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 Akron-
Canton Regional Airport, effective April 9, 1998, and that revised 
noise exposure maps for 1997-2002 for this same airport are determined 
to be in compliance with applicable requirements of FAR Part 150.
    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 of 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

[[Page 29777]]

    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.
    Akron-Canton Regional Airport Authority submitted to the FAA on 
September 22, 1997, noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from July 20, 1995, through September 22, 1997. The Akron-
Canton Regional Airport noise exposure maps were determined by the FAA 
to be in compliance with applicable requirements on October 16, 1997. 
Notice of this determination was published in the Federal Register on 
November 10, 1997.
    The Akron-Canton Regional Airport study contains a proposed noise 
compatibility program comprised of actions designed for phrased 
implementation by airport management and adjacent jurisdictions from 
the date of study completion to beyond the year 2002. 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 October 16, 1997, and was 
required by a provision of the Act to approve or 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 shall be deemed to be an approval of such program.
    The submitted program contained twenty-four 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 Associated Administrator for Airports 
effective April 9, 1998.
    Outright approval was granted for twenty-two of the specific 
program elements. Noise Abatement Measure NA-5 was disapproved. It 
recommended that all eastbound and southbound turbojet aircraft 
departing on Runway 19 initiate at run to a heading of 160 degrees at 1 
nautical mile from the radar instead of the current voluntary procedure 
to turn at 2 nautical miles. 1 nautical mile from the radar site is 
approximately over the departure end of the runway. Flights will be 
very low to the ground and at relatively slow airspeed. Crews should 
not be required or requested to initiate turns at this critical phase 
of the flight. Program Management Measure PM-5 was approved in part and 
disapproved in part. The part that was approved concerned the use of 
Automatic Terminal Information Service (ATIS). FAA permits the use of 
the ATIS for short messages such as ``noise abatement procedures in 
effect'' when time and space permit. The part that was disapproved 
concerned air traffic control tower (ATCT) advisories. The tower 
controller's role to maintain safe, efficient use of the navigable 
airspace does not include educating pilots in regard to specific noise 
abatement procedures. Other measures are available for pilot education.
    Seven noise abatement measures were approved. One measure 
recommends pilots of all turbojet aircraft voluntarily use noise 
abatement departure procedures. One measure establishes maximum climb 
departures for helicopters. One measure recommends that pilots of all 
turbojet aircraft voluntarily restrict the use of reverse thrust 
activity at night. One measure recommends noise abatement procedures 
for all eastbound turbojet aircraft departing Runway 23.
    Two measures relate to the location and orientation of engine 
runups and engine runup enclosures. One measure recommends improvement 
of engine runup and taxiing procedures.
    Nine land use management measures were approved. Two measures 
recommends land acquisition for noise. One measure recommends 
improvement of engine runup and taxiing procedures.
    Nine land use management measures were approved. Two measures 
recommended land acquisition for noise. One measure recommends 
development of a sound insulation program. One measure recommended that 
an avigation easement acquisition program be developed. One measure 
recommended overlay zoning for one vacant parcel. One measure 
recommends development of subdivision regulations. One measure 
recommends that fair disclosure regulations be developed. One measure 
recommends comprehensive planning be developed. One measure recommends 
capital improvement planning.
    Six program management measures were approved. One measure 
recommends updating noise complaint receipt and response procedures. 
One measure would establish a noise monitoring system. One measure 
recommends establishing a public information program and publishing 
informational pilot handouts. One measure will designate a noise 
abatement contact. One measure recommends purchasing and installing 
airside signs to advertise NCP measures. One measure recommends NEM/NCP 
review and revision.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Associate Administrator for Airports on April 
9, 1998.
    The FAA also has completed its review of the revised noise exposure 
maps and related descriptions submitted by Akron-Canton Regional 
Airport Authority. The specific maps under consideration are Figure 
8.2, Pages 107-108 of the NEM, and Figure 4.1, Pages 43-44 of the NCP 
in the submission. The FAA has determined that these maps for Akron-
Canton Regional Airport are in compliance with applicable requirements. 
This determination is effective on May 13, 1998. 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.
    If questions arise concerning the precise relationship of specific 
properties to noise exposure contours depicted on a noise exposure map 
submitted under section 103 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

[[Page 29778]]

contours, or in interpreting the noise exposure maps to resolve 
questions concerning, for example, which properties should be covered 
by the provisions of section 107 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 which 
submitted those maps, or with those public agencies and planning 
agencies with which consultation is required under section 103 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.
    Copies of the noise exposure maps and of the FAA's evaluation of 
the maps, and copies of the record of approval and other evaluation 
materials and documents which comprised the submittal to the FAA are 
available for examination at the following locations:

Federal Aviation Administration, Detroit Airports District Office, 
Willow Run Airport, East, 8820 Beck Road, Belleville, Michigan 48111.
Mr. Frederick J. Krum, Director of Aviation, Akron-Canton Regional 
Airport, 5400 Lauby Road, N.W., P.O. Box 9, North Canton, OH 44720-
1598.

    Questions on either of these FAA determinations may be directed to 
the individual named above under the heading, FOR FURTHER INFORMATION 
CONTACT.

    Issued in Belleville, Michigan, on May 13, 1998.
Robert H. Allen,
Assistant Manager, Detroit Airports District Office, Great Lakes 
Region.
[FR Doc. 98-14425 Filed 5-29-98; 8:45 am]
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