[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Notices]
[Pages 20297-20298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08203]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; Southwest Florida
International Airport, Fort Myers, FL
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 Lee County
Port Authority under the provisions of 49 U.S.C. (the Aviation Safety
and Noise Abatement Act, hereinafter referred to as ``the Act'') 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 January 30, 2013, the FAA determined that the noise exposure
maps submitted by the Lee County Port Authority under Part 150 were in
compliance with applicable requirements. On April 4, 2014, the FAA
approved the Southwest Florida International Airport Noise
Compatibility Program. Some of the recommendations of the Program were
approved by FAA.
DATES: Effective Date: The effective date of the FAA's approval of the
Southwest Florida International Airport Noise Compatibility Program is
April 4, 2014.
FOR FURTHER INFORMATION CONTACT: Allan Nagy, Federal Aviation
Administration, Orlando Airports District Office, 5950 Hazeltine
National Drive, Suite 400, Orlando, FL 32822, phone number: (407) 812-
6331. 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 Southwest
Florida International Airport, effective April 4, 2014.
Under Section 47504 of 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 non-compatible
land uses and prevention of additional non-compatible 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 Title 14 Code of Federal Regulations (CFR) Part 150 is a local
program, not a Federal Program. The FAA does not substitute its
judgment for that of the airport operator with respect to which measure
should be recommended for action. The FAA's approval or disapproval of
14 CFR Part 150 Program recommendations is measured according to the
standards expressed in 14 CFR 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 14 CFR Part 150;
b. Program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible 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 FAA's approval of an airport
Noise Compatibility Program are delineated in 14 CFR 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
[[Page 20298]]
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, FL.
Lee County Port Authority submitted to the FAA on January 30, 2013,
the Noise Exposure Maps, descriptions, and other documentation produced
during the noise compatibility planning study conducted from May 10,
2012, through March 3, 2014. The Southwest Florida International
Airport Noise Exposure Maps were determined by FAA to be in compliance
with applicable requirements on January 30, 2013. Notice of this
determination was published in the Federal Register on February 8,
2013.
The Southwest Florida International Airport study contains a
proposed Noise Compatibility Program comprised of actions designed for
phased implementation by airport management and adjacent jurisdictions
from April 19, 2014 to the year 2018. It was requested that FAA
evaluate and approve this material as a Noise Compatibility Program as
described in Section 47504 of the Act. The FAA began its review of the
Program on October 21, 2013, and was required by a provisions of the
Act to approve or disapprove the program within 180-days (other than
the use of new or modified 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 sixteen (16) proposed actions for
noise mitigation on and/or off the airport. The FAA completed its
review and determined that the procedural and substantive requirements
of the Act and 14 CFR Part 150 have been satisfied. The overall
Program, therefore, was approved by the FAA effective April 4, 2014.
Outright approval was granted for five of the specific Program
elements. Eleven of the Proposed measures in the NCP were disapproved
for purposes of 14 CFR Part 150 because the analysis in the NCP does
not demonstrate the measures' noise benefits on the DNL 65 dBA noise
contour and they did not result in achieving the goals of reducing
existing noncompatible land uses around the airport and preventing the
introduction of additional noncompatible land uses in the area around
the airport. However, these measures can be implemented by the Airport
Sponsor on a voluntary basis.
These determinations are set forth in detail in a Record of
Approval signed by the FAA on April 4, 2014. 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 Lee County Port Authority. The
Record of Approval also will be available on-line at: http://www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/part_150/states/.
Issued in Orlando, FL, on April 7, 2014.
Bart Vernace,
P.E., Manager, Orlando Airports District Office.
[FR Doc. 2014-08203 Filed 4-10-14; 8:45 am]
BILLING CODE 4910-13-P