[Federal Register Volume 66, Number 7 (Wednesday, January 10, 2001)]
[Notices]
[Pages 2036-2038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-706]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Modifications to Noise Compatibility Program 
Sarasota-Bradenton International Airport Sarasota, FL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on a modification to the noise compatibility program submitted 
by the Sarasota Manatee Airport 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 May 7, 1996 and April 15, 1997, the FAA determined 
that the noise exposure maps submitted by the Sarasota Manatee Airport 
Authority under part 150 were in compliance with applicable 
requirements. On October 9, 1997, the Administrator approved the 
Sarasota-Bradenton International Airport noise compatibility program. 
On December 1, 2000, the Administrator approved a modification to the 
noise compatibility program. All of the program measures in the 
modification were fully approved.

DATES: The effective date of the FAA's approval of modifications to the 
Sarasota-Bradenton International Airport noise compatibility program is 
December 1, 2000.

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, (407) 812-
6331, Extension 29. 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 modification 
for Sarasota-Bradenton International Airport, effective December 1, 
2000.
    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 a 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

[[Page 2037]]

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 of 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, Sec. 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 Sarasota Manatee Airport Authority submitted to the FAA on May 
2, 1996 and April 9, 1997, updated noise exposure maps, descriptions, 
and other documentation produced during the noise compatibility 
planning study conducted from May 1, 1993 through April 7, 1997. The 
Sarasota-Bradenton International Airport noise exposure maps were 
determined by FAA to be in compliance with applicable requirements on 
May 7, 1996 and April 15, 1997. Notices of these determinations were 
published in the Federal Register.
    The latest Sarasota-Bradenton International Airport study contains 
a proposed noise compatibility program modification comprised of 
actions designed for phased implementation by airport management and 
adjacent jurisdictions from the date of study completion to the year 
2002. It was requested that FAA evaluate and approve this material as a 
noise compatibility program modification as described in Section 104(b) 
of the Act. The FAA began its review of the program modification on 
June 5, 2000, and was required by a provision of the Act to approve or 
disapprove the program modification within 180-days (other than the use 
of new flight procedures for noise control). Failure to approve or 
disapprove such program modification within the 180-day period shall be 
deemed to be an approval of such program modification.
    The submitted program modification contained three (3) proposed 
actions for noise mitigation 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 
modification, therefore, was approved by the Administrator effective 
December 1, 2000.
    Out right approval was granted for all three (3) of the specific 
program measures. The approval action was for the following program 
controls:

                            Land Use Measures
------------------------------------------------------------------------
    Noise abatement measure           Description           NCP pages
------------------------------------------------------------------------
1. Sound Insulation with        It is recommended that  pgs. 1 through 7
 Avigation Easement.             the Sarasota Manatee    and Figures 4,
                                 Airport Authority       5 and 6.
                                 (SMAA) 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
                                 contour of the 2000
                                 Noise Exposure Map in
                                 Sarasota and Manatee
                                 Counties who
                                 purchased their
                                 current home prior to
                                 October 1, 1998.
                                 Owners of mobile
                                 homes are not
                                 eligible for this
                                 measure. Priority
                                 will be given to
                                 homeowners located
                                 within the DNL 70+dB
                                 contour, and that
                                 priority ranking will
                                 be based upon length
                                 of ownership. This
                                 will reduce existing
                                 non-compatible land
                                 uses and provide for
                                 SMAA to offer sound
                                 insulation and
                                 easements to
                                 homeowners who
                                 purchased prior to
                                 the last date allowed
                                 for eligibility of
                                 noise funds for use
                                 for noise mitigation
                                 of non-compatible
                                 structures. FAA
                                 Action: Approved.
                                 This is consistent
                                 with FAA's Final
                                 Policy on the Part
                                 150 Approval of Noise
                                 Mitigation Measures
                                 because these homes
                                 which were built
                                 prior to October 1,
                                 1998, constitute
                                 existing non-
                                 compatible
                                 development that is
                                 eligible for remedial
                                 noise mitigation
                                 measures. FAA's
                                 policy relates to the
                                 date of the
                                 residential
                                 development, and not
                                 to the date of
                                 purchase as indicated
                                 in the Noise
                                 Compatibility Program.

[[Page 2038]]

 
2. Purchase of an Avigation     It is recommended that  pgs. 1 through 7
 Easement.                       the SMAA offer to       and Figures 4,
                                 purchase avigation      5 and 6.
                                 easements from
                                 homeowners located
                                 with the DNL 65+dB
                                 contour of the 2000
                                 Noise Exposure Map in
                                 Sarasota and Manatee
                                 Counties who
                                 purchased their
                                 current home prior to
                                 October 1, 1998.
                                 Priority will be
                                 given to homeowners
                                 located within the
                                 DNL 70+dB contour,
                                 and that priority
                                 ranking will be based
                                 upon length of
                                 ownership. This will
                                 reduce existing non-
                                 compatible land uses
                                 and provide
                                 mitigation for
                                 homeowners who
                                 purchased prior to
                                 the last date allowed
                                 for eligibility of
                                 noise funds for use
                                 for noise mitigation
                                 of non-compatible
                                 structures. FAA
                                 Action: Approved.
                                 This is consistent
                                 with FAA's Final
                                 Policy on Part 150
                                 Approval of Noise
                                 Mitigation Measures
                                 because these homes
                                 which were built
                                 prior to October 1,
                                 1998, constitute
                                 existing non-
                                 compatible
                                 development that is
                                 eligible for remedial
                                 noise mitigation
                                 measures. FAA's
                                 policy relates to the
                                 date of the
                                 residential
                                 development, and not
                                 to the date of
                                 purchase as indicated
                                 in the Noise
                                 Compatibility
                                 Program. This measure
                                 would apply to
                                 existing residential
                                 development where
                                 soundproofing is not
                                 feasible and cost
                                 effective, such as
                                 mobile homes and
                                 early Twentieth
                                 Century era
                                 Mediterranean style
                                 homes constructed
                                 using walls and
                                 materials which make
                                 standard sound
                                 insulation techniques
                                 very difficult and
                                 costly.
3. Purchase and Resale with     It is recommended that  pgs. 1 through 7
 Avigation Easements and Sound   the SMAA offer to       and Figures 4,
 Insultation.                    purchase fee simple     5 and 6.
                                 interest from
                                 homeowners who
                                 purchased their
                                 current home prior to
                                 December 15, 1986,
                                 and who are located
                                 within the DNL 65+dB
                                 contour of the 2000
                                 Noise Exposure Map in
                                 Sarasota and Manatee
                                 Counties. Homes
                                 purchased by the SMAA
                                 will be sound
                                 insulated only where
                                 feasible and cost
                                 effective and all
                                 homes will be resold
                                 with an avigation
                                 easement. Priority
                                 will be given to
                                 homeowners located
                                 within the DNL 70+dB
                                 contour, and that
                                 priority ranking will
                                 be based upon length
                                 of ownership. This
                                 will reduce existing
                                 non-compatible land
                                 uses and provide
                                 mitigation for
                                 homeowners who
                                 purchased prior to
                                 the date of
                                 constructive notice.
                                 FAA Action: Approved.
                                 This measure would
                                 apply to existing
                                 residential
                                 development where
                                 soundproofing is not
                                 feasible and cost
                                 effective. Sound
                                 insulation was
                                 determined not to be
                                 feasible and cost
                                 effective for mobile
                                 homes. As a result
                                 mobile home owners
                                 are limited to
                                 choosing between an
                                 easement or purchase
                                 and resale by the
                                 airport with an
                                 easement.
------------------------------------------------------------------------

    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on December 1, 2000. 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 Sarasota Manatee 
Airport Authority.

    Issued in Orlando, Florida on December 14, 2000.
Bart Vernace,
Acting Manager, Orlando Airports District Office.
[FR Doc. 01-706 Filed 1-9-01; 8:45 am]
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