[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Pages 60961-60962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25155]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Kissimmee Gateway 
Airport, Kissimmee, FL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the Noise Compatibility Program Update (NCP) submitted by 
the City of Kissimmee 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 December 11, 2009, the FAA determined that the 
Noise Exposure Maps submitted by the City of Kissimmee under Part 150 
were in compliance with applicable requirements. On September 23, 2011, 
the FAA approved the Kissimmee Gateway Airport Noise Compatibility 
Program Update. Some of the recommendations of the Program were 
approved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Kissimmee Gateway Airport Noise Compatibility Program Update is 
September 23, 2011.

FOR FURTHER INFORMATION CONTACT: Allan M. Nagy, Federal Aviation 
Administration, Orlando Airports District Office, 5950 Hazeltine 
National Drive, Suite 400, Orlando, Florida 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 Update for 
Kissimmee Gateway Airport, effective September 23, 2011.
    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 non-compatible 
land uses and prevention of additional non-compatible 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 
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 appropriate FAA Airports District Office.
    The City of Kissimmee submitted to the FAA on November 16, 2009, 
the Noise Exposure Maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from September 
19, 2008, through September 23, 2011. The Kissimmee Gateway Airport 
Noise Exposure Maps were determined by FAA to be in compliance with 
applicable requirements on December 11, 2009. Notice of this 
determination

[[Page 60962]]

was published in the Federal Register on December 29, 2009.
    The Kissimmee Gateway Airport study contains a proposed Noise 
Compatibility Program Update comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
Sepember 23, 2011 to the year 2014. 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 
April 1, 2011, 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 a total of nineteen (19) elements, 
four (4) of which were FAA and/or airport operator actionable measures 
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 September 23, 
2011.
    Outright approval was granted for two (2) of the specific program 
elements. In addition, two (2) of the program elements were disapproved 
by the FAA. Operational Measure 2 was disapproved for purposes 
of part 150 because it did not provide any quantifiable reduction in 
noise impacts to non-compatible land uses. Land Use Measure 16 
was disapproved for purposes of part 150 because the local municipal 
jurisdictions have not yet adopted a lower local standard which defines 
incompatible land uses below DNL 65 dBA. The other fifteen (15) program 
elements were elements from the original Noise Compatibility Program 
completed by the City of Kissimmee and approved by the FAA in 1994, 
which were requested to be rescinded by the airport operator in the 
current Program. At the airport operators request, the FAA has 
withdrawn its 1994 approval of these 15 elements in accordance with 14 
CFR part 150.35(d)(5).
    These determinations are set forth in detail in a Record of 
Approval signed by the FAA on September 23, 2011. 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 City of Kissimmee. 
The Record of Approval also will be available on-line at: http://www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/part_150/states/.

    Issued in Orlando, Florida on September 23, 2011.
W. Dean Stringer,
Manager, Orlando Airports District Office.
[FR Doc. 2011-25155 Filed 9-29-11; 8:45 am]
BILLING CODE 4910-13-P