[Federal Register: July 17, 2008 (Volume 73, Number 138)]
[Notices]               
[Page 41154-41156]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy08-143]                         

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Approval of Noise Compatibility Program; Ocala International 
Airport; Ocala, FL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the Noise Compatibility Program submitted by the City of 
Ocala 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 28, 2008, the FAA determined that the noise 
exposure maps submitted by the City of Ocala under part 150 were in 
compliance with applicable requirements. On June 23, 2008, the FAA 
approved the Ocala International 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 operator.

DATES: Effective Date: The effective date of the FAA's approval of the 
Ocala International Airport Noise Compatibility Program is June 23, 
2008.

FOR FURTHER INFORMATION CONTACT: Ms. Lindy McDowell, 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 for Ocala 
International Airport, effective June 23, 2008.
    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

[[Page 41155]]

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 Federal Aviation Regulations (FAR) 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 FAR part 
150 program recommendations is measured according to the standards 
expressed in FAR 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 FAR 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 FAR 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 project grants must 
be submitted to the FAA Airports District Office in Orlando, Florida.
    City of Ocala submitted to the FAA on October 2, 2007, the Noise 
Exposure Maps, descriptions, and other documentation produced during 
the noise compatibility planning study conducted from August, 2004, 
through October, 2005. The Ocala International Airport Noise Exposure 
Maps were determined by FAA to be in compliance with applicable 
requirements on December 28, 2007. Notice of this determination was 
published in the Federal Register on December 28, 2007.
    The Ocala International Airport study contains a proposed Noise 
Compatibility Program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
the year 2007 to the year 2012. 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 
December 28, 2007, and was required by a provisions 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 seven (7) 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 FAR part 150 have been satisfied. The overall program, 
therefore, was approved by the FAA effective June 23, 2008.
    Outright approval was granted for all of the specific program 
elements. Mitigation measures approved include:

Land Use Measures

1. Update City of Ocala Land Development Regulations

    Prevent future development of noise sensitive uses within the 60 
DNL and greater noise contours. (NCP, pages ES-4, 96, 97; and Table ES-
1.)
    FAA Action: Approved. This is within the authority of the local 
land use jurisdictions; the Federal government does not control local 
land use. Outside the DNL 65 dB noise contour, FAA as a matter of 
policy encourages local efforts to prevent new noncompatible 
development immediately abutting the DNL 65 dB contour and to provide a 
buffer for possible growth in noise contours beyond the forecast 
period.

2. Land Use Mitigation Program

    Purchase developed and undeveloped land within the DNL 65dB and 
greater noise contours. (NCP, pages ES-4, 65, 66, 97; Figures 11.4, 
11.5; and Tables ES-1, 9.2, 9.3, 11.4.)
    FAA Action: Approved. Acquisitions are limited to existing non-
compatible land uses located with in the 65 DNL noise contour of the 
approved NEMs, and are consistent with FAA's 1998 remedial mitigation 
policy (63 FR 16409). The specific identification of structures 
recommended for inclusion in the program and specific definition of the 
scope of the program will be required prior to approval for Federal 
funding. Approval of this measure does not commit the FAA to future 
Federal funding assistance.

3. Redevelopment Program

    Redevelop land purchases as part of the Land Use Mitigation 
Program. (NCP, pages ES-4, 101, 107; and Table ES-1.) Ensures that any 
re-development or re-use of land purchased as part of the Land Use 
Mitigation Program will be compatible with airport operations.
    FAA Action: Approved. Eligibility for Federal funding of any re-
use/re-development program will be determined at the time of 
application.

4. Public Notification

    Advertise noise exposure contours and availability of Part 150 
documents local newspapers 3 times each year. (NCP, pages ES-4, 101, 
102; and Table ES-1.)
    FAA Action: Approved.

Program Management Measures

1. Pilot Education Program

    Development, publication and distribution of informational 
materials for pilots outlining noise abatement policies. (NCP, pages 
ES-4, 104; and Table ES-1.)
    FAA Action: Approved. Inserts or other information must not be 
construed as mandatory air traffic procedures. Prior to release, 
language in the brochure shall be reviewed for wording and content by 
the appropriate FAA office. The content of the brochure is subject to 
specific approval by appropriate FAA officials outside of the FAR Part 
150 process and is not approved in advance by this determination.

[[Page 41156]]

2. Community Information Program

    Development, publication and distribution of informational 
materials for residents and businesses outlining airport noise 
abatement efforts. (NCP, pages ES-4, 104, 105; and Table ES-1.)
    FAA Action: Approved.

3. Periodic NCP Review

    Review of operational activity and NCP implementation to assist in 
determining future NEM/NCP update timing. (NCP, pages ES-4, 105; and 
Table ES-1.)
    FAA Action: Approved. If made necessary by NEM changes, an update 
to the NCP would address requirements of 150.23(e)(9). Section 
150.21(d), as amended, states that the NEM should be updated if there 
is either a substantial new noncompatible use within the DNL 65 dB 
contour, or if there is a significant reduction in noise over existing 
noncompatible land uses [69 FR 57622, dated 9/24/04].
    These determinations are set forth in detail in a Record of 
Approval signed by the FAA on June 23, 2008. 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 Ocala. The Record of 
Approval also will be available on-line at: http://www.faa.qov/
airports_airtraffic/airports/environmental/airport_noise/part_150/
states/ .

    Issued in Orlando, Florida on June 27, 2008.
W. Dean Stringer,
Manager, Orlando Airports District Office.
 [FR Doc. E8-15954 Filed 7-16-08; 8:45 am]

BILLING CODE 4910-13-M