[Federal Register Volume 68, Number 154 (Monday, August 11, 2003)]
[Notices]
[Pages 47629-47630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20414]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review; Martin County Airport/Witham Field, Stuart, FL

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 Martin 
County Board of Commissioners for Martin County Airport/Witham Field 
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 Martin County Airport/Witham Field under Part 150 in conjunction 
with the noise exposure maps, and that this program will be approved or 
disapproved on or before January 30, 2004.

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 July 30, 2003. The public comment period 
ends September 30, 2003.

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. 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 Martin County Airport/Witham 
Field are in compliance with applicable requirements of part 150, 
effective July 30, 2003. Further, FAA is reviewing a proposed noise 
compatibility program for that airport which will be approved or 
disapproved on or before January 30, 2004. 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

[[Page 47630]]

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 Martin County Board of Commissioners submitted to the FAA on 
May 23, 2003 noise exposure maps, descriptions and other documentation 
which were produced during the Martin County Airport/Witham Field FAR 
Part 150 Noise Study conducted between July 10, 2000 and May 23, 2003. 
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 compatibility 
program under Section 104(b) of the Act.
    The FAA has completed its review of the noise exposure map and 
related descriptions submitted by Martin County Board of Commissioners. 
The specific maps under consideration are ``2002 Noise Exposure Map 
(NEM)'' and ``2007 Noise Exposure Map (NEM)'' in the submission. The 
FAA has determined that these maps for Martin County Airport/Witham 
Field are in compliance with applicable requirements. This 
determination is effective on July 30, 2003. FAA's determination on the 
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 
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 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 
Martin County Airport/Witham Field, also effective on July 30, 2003. 
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 January 30, 2003.
    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 Dr., Suite 400, Orlando, Florida 32822.
    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Orlando, Florida, July 30, 2003.
W. Dean Stringer,
Manager, Orlando Airports District Office.
[FR Doc. 03-20414 Filed 8-8-03; 8:45 am]
BILLING CODE 4910-13-M