[Federal Register: July 23, 2008 (Volume 73, Number 142)]
[Notices]               
[Page 42891-42893]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy08-91]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Approval of Noise Compatibility Program; Orlando Executive 
Airport, Orlando, 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

[[Page 42892]]

Program submitted by the Greater Orlando Aviation Authority 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 31, 2007, the FAA determined that the noise exposure maps 
submitted by the Greater Orlando Aviation Authority under Part 150 were 
in compliance with applicable requirements. On June 23, 2008, the FAA 
approved the Orlando Executive Airport noise compatibility program. All 
of the recommendations of the program were approved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Orlando Executive 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, 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 Orlando 
Executive 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 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 FM'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 
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, Florida.
    Greater Orlando Aviation Authority submitted to the FAA on December 
18, 2007, the Noise Exposure Maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from November, 2003, through December, 2006. The Orlando 
Executive Airport Noise Exposure Maps were determined by FAA to be in 
compliance with applicable requirements on December 31, 2007. Notice of 
this determination was published in the Federal Register on December 
31, 2007.
    The Orlando Executive 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 FM began its review of the Program on 
December 31, 2007, 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 four (4) 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:

Operational Measure

1. Modification of the Current Helicopter Flight Track to and From the 
North

    Currently the helicopter flight corridor north of the Airport 
passes over residential areas north of Fashion Square Mall. To avoid 
these residential areas, it is recommended that nonemergency rotorcraft 
operations to and from the north fly to Colonial Drive (SR 50) then 
west to I-4 and then turn northbound along the Interstate. All other 
rotorcraft tracks are recommended to remain in effect with no changes. 
(NCP, pages 10-2, 13-1; Exhibits D, 11-1; and Tables 10-1A., 13-1, 13-
2)
    FAA Action: Approved as voluntary measure, subject to traffic, 
weather, and airspace safety and efficiency.

Land Use Measure

1. Property Acquisition Program

    The development of a voluntary acquisition program that allows non-
compatible land uses to be removed from high noise exposure areas. It 
is recommended that residences located within the 2006 baseline 70 DNL 
and greater contour be considered for voluntary property acquisition 
through the use of FAA noise funding. (NCP, pages 10-3, 12-1, 12-3; 
Exhibits F, 12-1; and Tables 13-2)
    FAA Action: Approved. Acquisitions are limited to existing non-
compatible land uses located within the 65 DNL

[[Page 42893]]

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.

Program Management Measure

1. Additional Noise Monitoring Equipment

    It is recommended that five (5) additional noise monitors be 
acquired. Potential sites that have been identified for three of the 
new monitors include three schools located southwest of OEA along the 
Runway 7 extended centerline. The remaining two new monitors will be 
used to replace existing outdated monitors. It is also recommended that 
an Air to Ground Monitoring Tower be acquired to aid in communications. 
This system provides a scanner which is interfaced into a digital 
recording server and processed via a software application. (NCP, pages 
10-3, 10-6, 13-1; Exhibits 10-2; and Tables 10-1B, 13-1)
    FAA Action: Approved. Eligibility for Federal funding of five noise 
monitors and Air to Ground Monitoring Tower will be determined at the 
time of application. Fixed noise monitoring equipment is ineligible 
where the Part 150 noise exposure maps (existing and forecast) show no 
non-compatible land uses, For purposes of aviation safety, this 
approval does not extend to the use of monitoring equipment for 
enforcement purposes by in-situ measurement of any preset noise 
thresholds and shall not be used for mandatory enforcement of any 
voluntary measure.

2. Pilot Brochure

    Develop a ``Pilot Handout'' to identify noise abatement procedures 
associated with OEA. The handout would be provided to FBOs, pilots and 
others using the facility. The intent of the handout is to make pilots 
aware of the existing and future voluntary noise mitigation procedures 
in effect at the Airport. (NCP, pages 10-3, 13-1; and Tables 10-10,13-
1, 13-2)
    FAA Action: Approved. Inserts or other information must not be 
construed as mandatory air traffic procedures. Prior to release, 
language in the brochure should 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.
    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 Greater Orlando Aviation Authority. 
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 July 10, 2008.
W. Dean Stringer,
Manager, Orlando Airports District Office.
[FR Doc. E8-16509 Filed 7-22-08; 8:45 am]

BILLING CODE 4910-13-M