[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Notices]
[Pages 59299-59300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 01-29482]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program, Orlando International
Airport, Orlando, FL
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by the Greater
Orlando Aviation 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 April 23, 2001, the FAA determined that the noise exposure
maps submitted by the Greater Orlando Aviation Authority under Part 150
were in compliance with applicable requirements. On October 22, 2001,
the Administrator approved the Orlando International Airport noise
compatibility program. All of the recommendations of the program were
approved. No program measures relating to new or revised flight
procedures for noise abatement were proposed by the airport operator.
EFFECTIVE DATE: The effective date of the FAA's approval of the Orlando
International Airport noise compatibility program is October 22, 2001.
FOR FURTHER INFORMATION CONTACT: Bonnie L. Baskin, Federal Aviation
Administration, Orlando Airports District Office, 5950 Hazeltine
National Dr., Suite 400, Orlando Florida 32822, (407) 812-6331,
Extension 30. 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 Orlando
International Airport, effective October 22, 2001.
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 local program, not
a Federal Program. The FAA does not substitute its judgment for that of
the airport proprietor with respect to which measure 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 users, 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 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 Airports District Office in Orlando, Florida.
The Greater Orlando Aviation Authority submitted to the FAA on
March 30, 2001, the noise exposure maps, descriptions, and other
documentation produced during the noise compatibility planning study
conducted from July 1, 1997, through March 30, 2001. The Orlando
International Airport noise exposure maps were determined by FAA to be
in compliance with applicable requirements on April 23, 2001. Notice of
this determination was published in the Federal Register on April 23,
2001.
The Orlando International Airport study contains a proposed noise
compatibility program comprised of
[[Page 59300]]
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 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 April 23, 2001, 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 four (4) 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 Administrator effective October 22, 2001.
Out right approval was granted for all four (4) of the specific
program elements. The approval action was for the following program
measures:
----------------------------------------------------------------------------------------------------------------
Measure Description/Land Use Measures NCP Pages
----------------------------------------------------------------------------------------------------------------
1. Incorporation of the Overlay Zone C includes the DNL 65 dB noise Pages 11-1--11-8, 13-1; exhibits
Zone in Land Development Codes. contour and recommends avoiding new 11-1--11-6; and tables 11-1--11-
residential development, and does not 4.
permit new mobile home development. Zone
D, corresponding to the DNL 60 dB noise
contour, includes sound attenuation
requirements, a waiver of claim, and
notification to be provided for any new
residential development. The Overlay
Zone was incorporated into the
respective land development codes of the
City of Orlando and Orange County during
the preparation of the FAR Part 150
Study. It is expected that land
development code modifications will also
be established during 2001 by Osceola
County for the portion of the Overlay
Zone that falls within their
jurisdiction. FAA Action: Approved.
2. Sound Insulation Program with It is recommended that the Greater Pages 12-1, 13-2, and 14-2.
Avigation Easement. Orlando Aviation Authority offer to
provide sound insulation, only where
feasible and cost effective and in
exchange for an avigation easement to
homeowners located within the DNL 65+dB
noise contour of the 2001 Noise Exposure
Map. Sound insulation would only be
beneficial to those residences where
sound insulation can be effectively
applied. Sound insulation for mobile
homes, for example, would not be
beneficial. This project includes 30
homes. It is also recommended that this
program include insulation of Shenandoah
Elementary School, which is located
within the DNL 65 dB for the forecast
NEM timeframe. This will reduce existing
non-compatible land uses. FAA Action:
Approved.
3. Property Acquisition Program... It is recommended that the Greater Pages 12-2, 13-2, and 14-2; GOAA
Orlando Aviation Authority offer to letter dated 9/24/01.
provide voluntary acquisition of
residential properties meeting the
eligibility requirements of the FAA and
those located within the 65 DNL contour.
As indicated previously some of the
these residences are mobile homes and
are not suitable for sound insulation.
Acquisition would be the only applicable
noise mitigation action for these types
of homes. In addition, others owning non-
mobile home residences may prefer that
their homes be acquired in lieu of sound
insulation. Any offers of acquisition
would be limited to those who acquired
the residence prior to October 1, 1998.
It is planned that any fixed residence
purchased through this program will be,
in turn, sound insulated and sold with
an avigation easement. Mobile home
owners who are renting property will be
moved and the park land purchased.
Mobile home owners who also own the
property and wish to participate in this
program will be required to sell the
home and the underlying property. As
with the sound insulation program, the
acquisition of residences would be
purely on a voluntary basis. FAA Action:
Approved. Relocation must be consistent
with 49 Code of Federal Regulation, Part
24 to be eligible for Federal financial
assistance.
4. Acquisition of Noise Monitoring The current noise and operations Pages 13-3, 14-2.
Equipment. monitoring system has been an effective
addition to the noise abatement program.
The information provided by the system
has helped to develop operational noise
abatement measures, has allowed the
accurate identification of the source of
noise complaints and improved the
resolutions of problems through follow-
ups with those who registered the noise
complaints. The benefit of future
enhancements to the system (upgraded
field monitors or improvements to system
software and hardware) would allow GOAA
to stay current with future
technological advancements. All current
equipment is anticipated to remain in
place over the next five years. The
acquisition of new noise monitoring
equipment is not expected in the short
term (less than five years).
Justification for replacement equipment
will be determined at the time of the
proposed replacement. FAA Action:
Approved. For purposes of aviation
safety, this approval does not extend to
the use of monitoring equipment for
enforcement purposes by in-situ
measurement of any pre-set noise
thresholds.
----------------------------------------------------------------------------------------------------------------
These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on October 22, 2001. 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 office of the Greater Orlando
Airport Authority.
Issued in Orlando, Florida on November 15, 2001.
John W. Reynolds, Jr.,
Acting Manager, Orlando Airports District Office.
[FR Doc. 01-29482 Filed 11-26-01; 8:45 am]
BILLING CODE 4910-13-M