[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1930]


[Federal Register: January 28, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review, Kissimmee Municipal Airport, Kissimmee, FL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure maps submitted by the City of 
Kissimmee for Kissimmee Municipal Airport 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 are in compliance with applicable 
requirements. The FAA also announces that it is reviewing a proposed 
noise compatibility program that was submitted for Kissimmee Municipal 
Airport under part 150 in conjunction with the noise exposure map, and 
that this program will be approved or disapproved on or before July 
10,1994.

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 January 11, 1994. The public comment 
period ends March 12, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Tommy J. Pickering, P.E., Federal 
Aviation Administration, Orlando Airports District Office, 9677 
Tradeport Drive, suite 130, Orlando, Florida 32827-5397, (407) 648-
6583. 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 Kissimmee Municipal Airport 
are in compliance with applicable requirements of part 150, effective 
January 11, 1994. Further, FAA is reviewing a proposed noise 
compatibility program for that airport which will be approved or 
disapproved on or before July 10, 1994. This notice also announces the 
availability of this program for public review and comment.
    Under section 103 of title I of the Aviation Safety and Noise 
Abatement Act of 1979 (hereinafter referred to as ``the Act''), an 
airport operator may submit to the FAA noise exposure maps which meet 
applicable regulations and which depict noncompatible 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 title I of 
the Act, may submit a noise compatibility program for FAA approval 
which sets forth the measures the operator has taken or proposes for 
the reduction of existing noncompatible uses and for the prevention of 
the introduction of additional noncompatible uses.
    The City of Kissimmee submitted to the FAA on December 2, 1993, 
noise exposure maps, descriptions and other documentation which were 
produced during development of the Kissimmee Municipal Airport FAR Part 
150 Noise Study between July 1, 1991, and November 29, 1993. It was 
requested that the FAA review this material as the noise exposure maps, 
as described in section 103(a)(1) 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 104(b) of the Act.
    The FAA has completed its review of the noise exposure maps and 
related descriptions submitted by the City of Kissimmee. The specific 
maps under consideration are ``Existing (1992) Noise Contours on 
Existing Land Use'' and ``Alternate 5 Recommended Future (1997) Noise 
Contours on Existing Land Use'' in the submission. The FAA has 
determined that these maps for Kissimmee Municipal Airport are in 
compliance with applicable requirements. This determination is 
effective on January 11, 1994. FAA's determination on an airport 
operator's noise exposure maps is limited to a funding 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 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 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 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 Sec. 150.21 
of FAR part 150, that the statutorily required consultation has been 
accomplished.
    The FAA has formally received the noise compatibility program for 
Kissimmee Municipal Airport, also effective on January 11, 1994. 
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 July 10, 1994.
    The FAA's detailed evaluation will be conducted under the 
provisions of 14 CFR part 150, Sec. 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 noncompatible land uses and preventing the 
introduction of additional noncompatible 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, Orlando Airports District Office, 9677 
Tradeport Drive, suite 130, Orlando, Florida 32827-5397.
Office of the Director of Aviation, Kissimmee Municipal Airport, 301 N. 
Dyer Boulevard, suite 101, Kissimmee, Florida 34741-4613.

    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT:

    Issued in Orlando, Florida on January 11, 1994.
Charles E. Blair, Manager,
Orlando Airports District Office.
[FR Doc. 94-1930 Filed 1-27-94; 8:45 am]
BILLING CODE 4910-13-M