[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Notices]
[Pages 59299-59300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29482]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program, Orlando International 
Airport, Orlando, 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 Greater 
Orlando Aviation 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 April 23, 2001, the FAA determined that the noise exposure 
maps submitted by the Greater Orlando Aviation Authority under Part 150 
were in compliance with applicable requirements. On October 22, 2001, 
the Administrator approved the Orlando International Airport noise 
compatibility program. All of the recommendations of the program were 
approved. No program measures relating to new or revised flight 
procedures for noise abatement were proposed by the airport operator.

EFFECTIVE DATE: The effective date of the FAA's approval of the Orlando 
International Airport noise compatibility program is October 22, 2001.

FOR FURTHER INFORMATION CONTACT: Bonnie L. Baskin, Federal Aviation 
Administration, Orlando Airports District Office, 5950 Hazeltine 
National Dr., Suite 400, Orlando Florida 32822, (407) 812-6331, 
Extension 30. 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 Orlando 
International Airport, effective October 22, 2001.
    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 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 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 or 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 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 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 Greater Orlando Aviation Authority submitted to the FAA on 
March 30, 2001, the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from July 1, 1997, through March 30, 2001. The Orlando 
International Airport noise exposure maps were determined by FAA to be 
in compliance with applicable requirements on April 23, 2001. Notice of 
this determination was published in the Federal Register on April 23, 
2001.
    The Orlando International Airport study contains a proposed noise 
compatibility program comprised of

[[Page 59300]]

actions designed for phased implementation by airport management and 
adjacent jurisdictions from the date of study completion to the year 
2006. It was requested that FAA evaluate and approve this material as a 
noise compatibility program as described in Section 104(b) of the Act. 
The FAA began its review of the program on April 23, 2001, and was 
required by a provision of the Act to approve or disapprove the program 
within 180 days (other than the use of new 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 four (4) proposed actions for noise 
mitigation on and 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, therefore, 
was approved by the Administrator effective October 22, 2001.
    Out right approval was granted for all four (4) of the specific 
program elements. The approval action was for the following program 
measures:

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              Measure                     Description/Land Use Measures                    NCP Pages
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1. Incorporation of the Overlay     Zone C includes the DNL 65 dB noise        Pages 11-1--11-8, 13-1; exhibits
 Zone in Land Development Codes.     contour and recommends avoiding new        11-1--11-6; and tables 11-1--11-
                                     residential development, and does not      4.
                                     permit new mobile home development. Zone
                                     D, corresponding to the DNL 60 dB noise
                                     contour, includes sound attenuation
                                     requirements, a waiver of claim, and
                                     notification to be provided for any new
                                     residential development. The Overlay
                                     Zone was incorporated into the
                                     respective land development codes of the
                                     City of Orlando and Orange County during
                                     the preparation of the FAR Part 150
                                     Study. It is expected that land
                                     development code modifications will also
                                     be established during 2001 by Osceola
                                     County for the portion of the Overlay
                                     Zone that falls within their
                                     jurisdiction. FAA Action: Approved.
2. Sound Insulation Program with    It is recommended that the Greater         Pages 12-1, 13-2, and 14-2.
 Avigation Easement.                 Orlando Aviation Authority 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
                                     noise contour of the 2001 Noise Exposure
                                     Map. Sound insulation would only be
                                     beneficial to those residences where
                                     sound insulation can be effectively
                                     applied. Sound insulation for mobile
                                     homes, for example, would not be
                                     beneficial. This project includes 30
                                     homes. It is also recommended that this
                                     program include insulation of Shenandoah
                                     Elementary School, which is located
                                     within the DNL 65 dB for the forecast
                                     NEM timeframe. This will reduce existing
                                     non-compatible land uses. FAA Action:
                                     Approved.
3. Property Acquisition Program...  It is recommended that the Greater         Pages 12-2, 13-2, and 14-2; GOAA
                                     Orlando Aviation Authority offer to        letter dated 9/24/01.
                                     provide voluntary acquisition of
                                     residential properties meeting the
                                     eligibility requirements of the FAA and
                                     those located within the 65 DNL contour.
                                     As indicated previously some of the
                                     these residences are mobile homes and
                                     are not suitable for sound insulation.
                                     Acquisition would be the only applicable
                                     noise mitigation action for these types
                                     of homes. In addition, others owning non-
                                     mobile home residences may prefer that
                                     their homes be acquired in lieu of sound
                                     insulation. Any offers of acquisition
                                     would be limited to those who acquired
                                     the residence prior to October 1, 1998.
                                     It is planned that any fixed residence
                                     purchased through this program will be,
                                     in turn, sound insulated and sold with
                                     an avigation easement. Mobile home
                                     owners who are renting property will be
                                     moved and the park land purchased.
                                     Mobile home owners who also own the
                                     property and wish to participate in this
                                     program will be required to sell the
                                     home and the underlying property. As
                                     with the sound insulation program, the
                                     acquisition of residences would be
                                     purely on a voluntary basis. FAA Action:
                                     Approved. Relocation must be consistent
                                     with 49 Code of Federal Regulation, Part
                                     24 to be eligible for Federal financial
                                     assistance.
4. Acquisition of Noise Monitoring  The current noise and operations           Pages 13-3, 14-2.
 Equipment.                          monitoring system has been an effective
                                     addition to the noise abatement program.
                                     The information provided by the system
                                     has helped to develop operational noise
                                     abatement measures, has allowed the
                                     accurate identification of the source of
                                     noise complaints and improved the
                                     resolutions of problems through follow-
                                     ups with those who registered the noise
                                     complaints. The benefit of future
                                     enhancements to the system (upgraded
                                     field monitors or improvements to system
                                     software and hardware) would allow GOAA
                                     to stay current with future
                                     technological advancements. All current
                                     equipment is anticipated to remain in
                                     place over the next five years. The
                                     acquisition of new noise monitoring
                                     equipment is not expected in the short
                                     term (less than five years).
                                     Justification for replacement equipment
                                     will be determined at the time of the
                                     proposed replacement. FAA Action:
                                     Approved. For purposes of aviation
                                     safety, this approval does not extend to
                                     the use of monitoring equipment for
                                     enforcement purposes by in-situ
                                     measurement of any pre-set noise
                                     thresholds.
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    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on October 22, 2001. 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 Greater Orlando 
Airport Authority.

    Issued in Orlando, Florida on November 15, 2001.
John W. Reynolds, Jr.,
Acting Manager, Orlando Airports District Office.
[FR Doc. 01-29482 Filed 11-26-01; 8:45 am]
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