[Federal Register Volume 67, Number 6 (Wednesday, January 9, 2002)]
[Notices]
[Pages 1262-1263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-491]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review Boca Raton, Airport Boca Raton, Florida

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure maps submitted by the Boca Raton 
Airport Authority for Boca Raton 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 are in compliance with applicable 
requirements. The FAA also announces that it is reviewing a proposed 
noise compatibility program that was submitted for Boca Raton Airport 
under part 150 in conjunction with the noise exposure maps, and that 
this program will be approved or disapproved on or before June 30, 
2002.

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 December 31, 2001. The public comment 
period ends March 1, 2002.

FOR FURTHER INFORMATION CONTACT: Bonnie L. Baskin, Federal Aviation 
Administration, Orlando Airports District Office, 5950 Hazeltine 
National Drive, Suite 400, Orlando, Florida 32822-5024. 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 Boca Raton Airport are in 
compliance with applicable requirements of part 150, effective December 
31, 2001. Further, FAA is reviewing a proposed noise compatibility 
program for that airport which will be approved or disapproved on or 
before June 30, 2002. 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 Boca Raton Airport Authority submitted to the FAA on December 
11, 2001, noise exposures maps, descriptions and other documentation 
which were produced during the Boca Raton Airport part 150 Noise 
Compatibility Study Update conducted between March 1999 and December 
2001. 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

[[Page 1263]]

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 Boca Raton Airport Authority. The 
specific maps under consideration are ``2001 Noise Exposure Map with 
Existing Noise Compatibility Program'' and ``2006 Noise Exposure Map 
with Recommended Noise Compatibility Program'' in the submission. The 
FAA has determined that these maps for Boca Raton Airport are in 
compliance with applicable requirements. This determination is 
effective on December 31, 2001. 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 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 
exposures 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 section 
150.21 of FAR part 150, that the statutorily required consultation has 
been accomplished.
    The FAA has formally received the noise compatibility program for 
Boca Raton Airport, also effective on December 31, 2001. 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 June 30, 2002.
    The FAA's detailed evaluation will be conducted under the 
provisions of 14 CFR part 150, section 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, 5950 Hazeltine National Drive, Suite 400, Orlando, Florida 
32822-5024.
    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Orlando, Florida, December 31, 2001.
W. Dean Stringer,
Manager, Orlando Airports District Office.
[FR Doc. 02-491 Filed 1-8-02; 8:45 am]
BILLING CODE 4910-13-M