[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Notices]
[Pages 36377-36378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14894]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; 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 
findings on the Noise Compatibility Program submitted by Martin 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 December 6, 2011, the FAA determined that the Noise Exposure 
Maps (NEM's) submitted by Martin County under Part 150 were in 
compliance with applicable requirements. On June 11, 2014, the FAA 
approved the Martin County Airport/Witham Field Noise Compatibility 
Program (NCP). Most of the recommendations of the program were 
approved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Martin County Airport/Witham Field Noise Compatibility Program is June 
11, 2014.

FOR FURTHER INFORMATION CONTACT: Allan Nagy, 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 Martin 
County Airport/Witham Field, effective June 11, 2014.
    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 FAA Airports District Office in Orlando, FL.
    On September 17, 2011, Martin County submitted to the FAA the Noise 
Exposure Maps and associated documentation produced during the Noise 
Exposure Map planning study conducted from December 2010 through 
September 17, 2011. The Martin County Airport/Witham Field Noise 
Exposure Maps were determined by FAA to be in compliance with 
applicable requirements 14 CFR Part 150 on December 6, 2011. Notice of 
this determination was published in the Federal Register on December 
16, 2011.
    After the Noise Exposure Maps were accepted by the FAA, the Martin 
County Airport/Witham Field prepared a Noise Compatibility Program 
study that contains proposed operational and land use actions designed 
for phased implementation by airport management and adjacent 
jurisdictions. 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 formal review of the Program on December 
18, 2013, 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 twenty-one (21) proposed actions 
for noise mitigation on and or off the airport. Of these twenty-one 
actions, the airport sponsor recommended seventeen mitigations measures 
for FAA review and approval. Four measures were not recommended by the 
airport sponsor. The FAA completed its review and

[[Page 36378]]

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 June 11, 2014.
    Outright FAA approval was granted for four (4) of the measures; 
approval on a voluntary basis was granted for six (6) of the measures; 
approval-in-part was granted for six (6) of the measures; a decision of 
disapproval was made for one (1) measure, and No FAA Action was 
required for four (4) of the measures because they were not recommended 
by the airport sponsor.
    These determinations are set forth in detail in a Record of 
Approval (ROA) signed by the FAA on June 11, 2014. 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 Martin County. 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, FL, on June 16, 2014 by:
Bart Vernace,
Manager, Orlando Airports District Office.
[FR Doc. 2014-14894 Filed 6-25-14; 8:45 am]
BILLING CODE 4910-13-P