[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Notices]
[Pages 34314-34315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16164]



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

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review, Southwest Florida International Airport, Ft. 
Myers, FL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the revised future noise exposure map submitted by 
the Lee County Port Authority, Ft. Myers, Florida for The Southwest 
Florida International Airport 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 is in compliance with applicable requirements. The FAA 
also announces that it is reviewing a proposed noise compatibility 
program that was submitted for The Southwest Florida International 
Airport under Part 150 in conjunction with the noise exposure maps, and 
that this program will be approved or disapproved on or before November 
13, 1995. This program was submitted subsequent to a determination by 
FAA that the associated existing noise exposure map submitted under 14 
CFR part 150 for The Southwest Florida International Airport was in 
compliance with applicable requirements effective November 21, 1994.

EFFECTIVE DATE: The effective date of the FAA's determination on the 
revised future noise exposure map and of the start of its review of the 
associated noise compatibility program is May 17, 1995. The public 
comment period ends July 16, 1995.

EFFECTIVE DATES: The effective date of the FAA's determination on the 
revised future noise exposure map and of the start of its review of the 
associated noise compatibility program is May 17, 1995. The public 
comment period ends July 16, 1995.

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 revised future noise exposure map submitted for The Southwest 
Florida International Airport is in compliance with applicable 
requirements of part 150, effective May 17, 1995. Further, FAA is 
reviewing a proposed noise compatibility program for that airport which 
will be approved or disapproved on or before November 13, 1995. 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 project 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 to 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 Lee County Port Authority, Ft. Myers, Florida, submitted to the 
FAA on April 27, 1995, a revised future noise exposure map, 
descriptions and other documentation which were produced during the 
Southwest Florida International Airport FAR part 150 Study conducted 
between January, 1994 and April, 1995. It was requested that the FAA 
review this material as the future noise exposure map, 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 revised future noise 
exposure map and related descriptions submitted by the Lee County Port 
Authority, Ft. Myers, Florida. The specific map under consideration is 
``RECOMMENDED FUTURE (1999) NOISE CONTOURS WITH RUNWAY EXTENSIONS AND 
PARALLEL RUNWAY MAP B'' in the submission. The FAA has determined that 
this map for the Southwest Florida International Airport is in 
compliance with applicable requirements. This determination is 
effective on May 17, 1995. 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 

[[Page 34315]]
statutorily required consultation has been accomplished.
    The FAA has formally received the noise compatibility program for 
The Southwest Florida International Airport, also effective on May 17, 
1995. 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 November 13, 
1995.
    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
Lee County Port Authority, 16000 Chamberlin Parkway, Suite 8671, Ft. 
Myers, FL 33913-8899

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

    Issued in Orlando, Florida, May 17, 1995.
Charles E. Blair, Manager,
Orlando Airports District Office.
[FR Doc. 95-16164 Filed 6-29-95; 8:45 am]
BILLING CODE 4910-13-M