[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Notices]
[Pages 50865-50866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23468]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program, Destin-Ft. Walton Beach 
Airport, Destin, 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 Oklaloosa 
County under the provisions of 49 U.S.C. (the Aviation Safety and Noise 
Abatement Act, hereinafter referred to as ``the Act'') 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 January 14, 2009, the FAA determined that the noise exposure 
maps submitted by Okaloosa County under Part 150 were in compliance 
with applicable requirements. On July 7, 209, the FAA approved the 
Destin-Ft. Walton Beach Airport noise compatibility program. All of the 
recommendations of the program were approved. No program elements 
relating to new or revised flight procedures for noise abatement were 
proposed by the airport operators.

DATES: Effective Date: The effective date of the FAA's approval of the 
Destin-Ft. Walton Beach Airport Noise Compatibility Program is July 7, 
2009.

FOR FURTHER INFORMATION CONTACT: Lindy McDowell, Federal Aviation 
Administration, Orlando Airports District Office, 5950 Hazeltine 
National Drive, Suite 400, Orlando, FL 32822, phone number; 407-812-
6331. 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 Destin-Ft. 
Walton Beach Airport, effective July 7, 2009.
    Under Section 47504 of 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 Title 14 Code of Federal Regulations (CFR) Part 150 is a local 
program, not a Federal Program. The FAA does not substitute its 
judgment for that of the airport operator with respect to which measure 
should be recommended for action. The FAA's approval or disapproval of 
14 CFR Part 150 program recommendations is measured according to the 
standards expressed in 14 CFR 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 14 CFR Part 150;
    b. Program measures are reasonably consistent with achieving the 
goals of reducing existing non-compatible land uses around the airport 
and preventing the introduction of additional non-compatible land uses;
    c. Program measures would not create an undue burden on interstate 
or foreign commerce, unjustly discriminate against types or classes of 
aeronautical uses, 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 14 CFR Part 150, Section 
1505. 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 program grants must 
be submitted to the FAA Airports District Office in Orlando, Florida.
    Okaloosa County submitted to the FAA on September 5, 2008, the 
Noise Exposure Maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from June, 
2004, through July, 2008. The Destin-Ft. Walton Beach Airport Noise 
Exposure Maps were determined by FAA to be in compliance with 
applicable requirements on January 14, 2009. Notice of this 
determination was published in the Federal Register on January 14, 
2009.
    The Destin-Ft. Walton Beach Airport study contains a proposed Noise 
Compatibility Program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
the year

[[Page 50866]]

2008 to the year 2013. It was requested that FAA evaluate and approve 
this material as a Noise Compatibility Program as described in Section 
47504 of the Act. The FAA began its review of the Program on January 
14, 2009, and was required by a provision of the Act to approve or 
disapprove the program within 180 days (other than the use of new or 
modified 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 eight (8) 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 14 CFR Part 150 have been satisfied. The overall program, 
therefore, was approved by the FAA effective July 7, 2009.
    Outright approval was granted for all of the specific program 
elements. These elements include:

Operational Measures

    1. OP-1 Install ``Fly Friendly'' Signage.
    2. Op-2 Avoid Touch-and-Go's, Maintenance Run-ups, and Extended APU 
Operations during Nighttime Hours.
    3. OP-3 Avoid Excessive Engine Idling on Ramps near Residential 
Homes.
    4. OP-4 Publish ``Fly Friendly'' Brochure.

Land Use Measures

    1. LU-1 Voluntary Land Acquisition and Relocation of Residents 
within 70 DNL.
    2. LU-2 Voluntary Sound Attenuation of Homes within 65 DNL.
    3. LU-3 Implement Airport Compatibility Overlay District.
    4. LU-4 Monitor Development within 2013 NEM.
    These determinations are set forth in detail in a Record of 
Approval signed by the FAA on July 7, 2009. 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 Oklaoosa County. The Record of 
Approval also will be available on-line at: http://www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/Part150/states/

    Dated: Issued in Orlando, Florida on September 8, 2009.
W. Dean Stringer,
Manager, Orlando Airports District Office.
[FR Doc. E9-23468 Filed 9-30-09; 8:45 am]
BILLING CODE 4910-13-M