[Federal Register Volume 63, Number 181 (Friday, September 18, 1998)]
[Notices]
[Pages 49942-49943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24967]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
Revision and Request for Review Naples Municipal Airport Naples, 
Florida

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the revised current and future noise exposure maps 
submitted by the City of Naples, Florida for Naples Municipal Airport 
under the provisions of Title 1 of the Aviation Safety and Noise 
Abatement Act of 1979 (Pub. L. 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 revision that was 
submitted for Naples Municipal Airport under Part 150 in conjunction 
with the noise exposure maps, and that this program revision will be 
approved or disapproved on or before March 2, 1999.

EFFECTIVE DATE: The effective date of the FAA's determination on the 
revised noise exposure maps and of the start of its review of the 
associated noise compatibility program revision is September 3, 1998. 
The public comment period ends November 2, 1998.

FOR FURTHER INFORMATION CONTACT:
Mr. Tommy J. Pickering, P.E., Federal Aviation Administration, Orlando 
Airports District Office, 5950 Hazeltine National Drive, Suite 400, 
Orlando, Florida 32822-5024, (407) 812-6331, Extension 29. Comments on 
the proposed noise compatibility program revision should also be 
submitted to the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds 
that the revised noise exposure maps submitted for Naples Municipal 
Airport are in compliance with applicable requirements of part 150, 
effective September 3, 1998. Further, FAA is reviewing a proposed noise 
compatibility program revision for that airport which will be approved 
or disapproved on or before March 2, 1999. This notice also announces 
the availability of this program revision for public review and 
comment.
    Under Section 103 of Title I of the Aviation Safety and Notice 
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 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 City of Naples, Florida, submitted to the FAA on March 6, 1998, 
revised noise exposure maps, descriptions and other documentation which 
were produced during the Naples Municipal Airport FAR Part 150 Update 
Amendment of Noise Exposure Maps and Noise Compatibility Program to 
Extend Nightime Stage 1 Use Restrictions to 24 Hours study conducted 
between October 23, 1997 and February 27, 1998. Subsequent supporting 
documentation was also provided by the City of Naples and their 
consultant. 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 measure revisions, to be implemented jointly 
by the airport and surrounding communities, be approved as a noise 
compatibility program revision under Section 104(a) of the Act. The 
proposed noise compatibility program revision would revise one of the 
noise abatement measures in the noise compatibility program previously 
approved on September 29, 1997.
    The FAA has completed its review of the revised noise exposure maps 
and related descriptions submitted by the City of Naples, Florida. The 
specific maps under consideration are ``1998 Noise Exposure Map'' and 
``2003 Noise Exposure Map'' in the noise compatibility program revision 
submission. The FAA has determined that these maps for Naples Municipal 
Airport are in compliance with applicable requirements. This 
determination is effective on September 3, 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, 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

[[Page 49943]]

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 
revision for Naples Municipal Airport, also effective on September 3, 
1998. 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 revision. The formal review period, 
limited by law to a maximum of 180 days, will be completed on or before 
March 2, 1999.
    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 
revision 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 revised 
noise exposure maps, the FAA's evaluation of the maps, and the proposed 
noise compatibility program revision are available for examination at 
the following locations: Federal Aviation Administration, Orlando 
Airports District Office, 5950 Hazeltine National Drive, Suite 400, 
Orlando, Florida 32822-5024 and Naples Airport Authority, 160 Aviation 
Drive North, Naples, Florida 34104.
    Questions may be directed to the individual named above under the 
heading, for further information contact.

    Issued in Orlando, Florida September 3, 1998.
Charles E. Blair,
Manager, Orlando Airport District Office.
[FR Doc. 98-24967 Filed 9-17-98; 8:45 am]
BILLING CODE 4910-13-M