81 FR 89568 - Noise Exposure Map Notice; Receipt of Noise Compatibility Program and Request for Review, Orlando Melbourne International Airport (MLB), Melbourne, FL
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 238 (December 12, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 238 (December 12, 2016)
| Page Range | 89568-89569 | |
| FR Document | 2016-29639 |
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)] [Notices] [Pages 89568-89569] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29639] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Noise Exposure Map Notice; Receipt of Noise Compatibility Program and Request for Review, Orlando Melbourne International Airport (MLB), Melbourne, FL AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Noise Exposure Map Notice and Receipt of Noise Compatibility Program and Request for Review. ----------------------------------------------------------------------- SUMMARY: The Federal Aviation Administration (FAA) announces its determination that the Noise Exposure Maps (NEM's) submitted by the Melbourne Airport Authority (Authority, Melbourne, FL) for the Orlando Melbourne International Airport (MLB), Melbourne, FL under the provisions of 40 U.S.C. 47501 et seq. (Aviation Safety and Noise Abatement Act) and 14 CFR 150 are in compliance with applicable requirements. The FAA also announces that it is reviewing a proposed Noise Compatibility Program (NCP) that was submitted for the Orlando Melbourne International Airport under Part 150 in conjunction with the Noise Exposure Maps, and that this program will be approved or disapproved on or before May 30, 2017. DATES: Effective Date: The effective date of the FAA's determination on the Noise Exposure Maps and of the start of its review of the associated Noise Compatibility Program is December 1, 2016. The public comment period ends on January 30, 2017. FOR FURTHER INFORMATION CONTACT: Mr. Allan Nagy at the Federal Aviation Administration, Orlando Airports District Office, 5950 Hazeltine National Drive, Orlando, FL, 32882, Telephone 407-813-6331. SUPPLEMENTARY INFORMATION: This Notice announces that the FAA finds that the Noise Exposure Maps submitted for Orlando Melbourne International Airport are in compliance with applicable requirements of Title 14 Code of Federal Regulations (CFR) Part 150, effective December 1, 2016. Furthermore, FAA is reviewing a proposed Noise Compatibility Program for MLB which will be approved or disapproved on or before May 30, 2017. This notice also announces the availability of this Noise Compatibility Program for public review and comment. Under 49 U.S.C., Section 47503, Aviation Safety and Noise Abatement Act (the Act), an airport operator may submit to the FAA Noise Exposure Maps which meet applicable regulations and which depict non-compatible land uses as of the date of submission of such maps, a description of projected aircraft operations, and the ways in which such operations will affect such maps. The Act requires such maps to be developed in consultation with interested parties in the local community, government agencies, and persons using the airport. An airport operator who has submitted Noise Exposure Maps that are found by FAA to be in compliance with the requirements of Part 150, promulgated pursuant to the Act, may submit a Noise Compatibility Program for FAA approval which sets forth the measures the operator has taken or proposes to take to reduce existing non-compatible uses and prevent the introduction of additional non-compatible uses. The Melbourne Airport Authority submitted to the FAA on September 9, 2016 Noise Exposure Maps, descriptions and other documentation that were produced during the Orlando Melbourne International Airport Part [[Page 89569]] 150 Study conducted between March 1, 2013 and September 9, 2016. It was requested that the FAA review this material as the Noise Exposure Maps, as described in Section 47503 of the Act, and that the noise mitigation measures, to be implemented jointly by the airport and surrounding communities, be approved as a Noise Compatibility Program under Section 47504 of the Act. The FAA has completed its review of the Noise Exposure Maps and accompanying documentation submitted by the Melbourne Airport Authority. The documentation that constitutes the ``Noise Exposure Maps'' as defined in CFR Part 150 Section 150.7 includes: Chapter 2.0 Airport Facilities and Local Airspace, Chapter 5.0 Noise Modeling, Chapter 6.0 Airport Operational Data, Chapter 7.0 Noise Exposure, Chapter 8.0 Noise Exposure Maps Certification, Figure 6-1 Modeled Flight Tracks--East Flow, Figure 6-2 Modeled Flight Tracks--West Flow, Figure 6-3 Modeled Flight Tracks--Touch and Go and Helicopter, Figure 7-1 2016 Noise Exposure Map, Figure 7-2 Future Land Use, Figure 7-3 2021 Noise Exposure Map, Table 6-1 2016 Annual Operations, Table 6-2 2016 Annual-Average Day Fleet Mix (Itinerant Operations), Table 6-3 2016 Annual-Average Day Fleet Mix (Local Operations), Table 6-4 2021 Annual Operations, Table 6-5 2021 Annual-Average Day Fleet Mix (Itinerant Operations), Table 6-6 2021 Annual-Average Day Fleet Mix (Local Operations), Table 6-7 2016 and 2021 Stage Length Percentages, Table 6-8 2016 and 2021 Runway Use Percentages, Table 6-9 2016 and 2021 Departure Flight Track Use Percentages, Table 6-10 2016 and 2021 Arrival Flight Track Use Percentages, Table 6-11 2016 and 2021 Local and Helicopter Flight Track Use Percentages, Table 7-1 Land Use Acreage within Existing (2016) DNL Contours, Table 7-3 2021 DNL Contour Land Use Impacts. The FAA has determined that these noise exposure maps and accompanying documentation are in compliance with applicable requirements. This determination is effective on December 1, 2016. The FAA's determination on an airport operator's noise exposure maps is limited to a finding that the maps were developed in accordance with the procedures contained in Appendix A of CFR Part 150. Such determination does not constitute approval of the airport operator's data, information or plans, or a commitment to approve a Noise Compatibility Program or to fund implementation of that Program. If questions arise concerning the precise relationship of specific properties to noise exposure contours depicted on a Noise Exposure Map submitted under Section 47503 of the Act, it should be noted that the FAA is not involved in any way in determining the relative locations of specific properties with regard to the depicted noise exposure contours, or in interpreting the Noise Exposure Maps to resolve questions concerning, for example, which properties should be covered by the provisions of Section 47506 of the Act. These functions are inseparable from the ultimate land use control and planning responsibilities of local government. These local responsibilities are not changed in any way under Part 150 or through FAA's review of Noise Exposure Maps. Therefore, the responsibility for the detailed overlaying of noise exposure contours onto the maps depicting properties on the surface rests exclusively with the airport operator that submitted those maps, or those public agencies and planning agencies with which consultation is required under Section 47503 of the Act. The FAA has relied on the certification by the airport operator, under Section 150.21 of Part 150, that the statutorily required consultation has been accomplished. The FAA has formally received the Noise Compatibility Program for Orlando Melbourne International Airport, also effective on December 1, 2016. Preliminary review of the submitted material indicates that it conforms to the requirements for the submittal of Noise Compatibility Programs, but that further review will be necessary prior to approval or disapproval of the program. The formal review period, limited by law to a maximum of 180 days, will be completed on or before May 30, 2017. The FAA's detailed evaluation will be conducted under the provisions of Part 150, Section 150.33. The primary considerations in the evaluation process are whether the proposed measures may reduce the level of aviation safety, create an undue burden on interstate or foreign commerce, or be reasonably consistent with obtaining the goal of reducing existing non-compatible land uses and preventing the introduction of additional non-compatible land uses. Interested persons are invited to comment on the proposed program with specific reference to these factors. All comments, other than those properly addressed to local land use authorities, will be considered by the FAA to the extent practicable. Copies of the full Noise Exposure Map documentation and the proposed Noise Compatibility Program are available for examination at the following locations: Federal Aviation Administration, 5950 Hazeltine National Drive, Suite 400, Orlando, FL 32882 Orlando Melbourne International Airport, One Air Terminal Parkway, Suite 220, Melbourne, FL 32901 Questions may be directed to the individual named above under the heading, FOR FURTHER INFORMATION CONTACT. Issued in Orlando, Florida, on December 1, 2016. Bart Vernace, Manager, Orlando Airports District Office, Orlando, FL. [FR Doc. 2016-29639 Filed 12-9-16; 8:45 am] BILLING CODE 4910-13-P
![89568 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
ADDRESSES: Send comments identified § 135.25(c), which specifies that, for the proposed Noise Compatibility Program
by docket number FAA–2016–6581 purposes of § 135.25(b), a person has (NCP) that was submitted for the
using any of the following methods: exclusive use of an aircraft if that person Orlando Melbourne International
• Federal eRulemaking Portal: Go to has the sole possession, control, and use Airport under Part 150 in conjunction
http://www.regulations.gov and follow of it for flight, as owner, or has a written with the Noise Exposure Maps, and that
the online instructions for sending your agreement (including arrangements for this program will be approved or
comments electronically. performing required maintenance), in disapproved on or before May 30, 2017.
• Mail: Send comments to Docket effect when the aircraft is operated, DATES: Effective Date: The effective date
Operations, M–30; U.S. Department of giving the person that possession, of the FAA’s determination on the Noise
Transportation (DOT), 1200 New Jersey control, and use for at least 6 Exposure Maps and of the start of its
Avenue SE., Room W12–140, West consecutive months. In addition, the review of the associated Noise
Building Ground Floor, Washington, DC FAA notes that an exemption from Compatibility Program is December 1,
20590–0001. § 135.419 may be relevant to the 2016. The public comment period ends
• Hand Delivery or Courier: Take disposition of this petition. Section on January 30, 2017.
comments to Docket Operations in 135.419 states that the FAA FOR FURTHER INFORMATION CONTACT: Mr.
Room W12–140 of the West Building Administrator may require or allow an Allan Nagy at the Federal Aviation
Ground Floor at 1200 New Jersey approved aircraft inspection program for Administration, Orlando Airports
Avenue SE., Washington, DC, between 9 any make and model aircraft of which District Office, 5950 Hazeltine National
a.m. and 5 p.m., Monday through the certificate holder has exclusive use Drive, Orlando, FL, 32882, Telephone
Friday, except Federal holidays. of at least one aircraft (as defined in 407–813–6331.
• Fax: Fax comments to Docket § 135.25(b)). Flight Options currently SUPPLEMENTARY INFORMATION: This
Operations at 202–493–2251. operates 75 turbo jet aircraft all of which
Privacy: In accordance with 5 U.S.C. Notice announces that the FAA finds
are leased aircraft. Flight Options that the Noise Exposure Maps submitted
553(c), DOT solicits comments from the retains responsibility for all
public to better inform its rulemaking for Orlando Melbourne International
maintenance of the aircraft on its part Airport are in compliance with
process. DOT posts these comments, 135 certificates. Additionally, Flight
without edit, including any personal applicable requirements of Title 14
Options maintains a part 145 repair Code of Federal Regulations (CFR) Part
information the commenter provides, to station (No. BTVR626C). Flight Options’
http://www.regulations.gov, as 150, effective December 1, 2016.
business model is for all aircraft also to Furthermore, FAA is reviewing a
described in the system of records be operated under 14 CFR part 91K and
notice (DOT/ALL–14 FDMS), which can proposed Noise Compatibility Program
under part 91 as appropriate. Flight for MLB which will be approved or
be reviewed at http://www.dot.gov/ Options currently is in compliance with
privacy. disapproved on or before May 30, 2017.
14 CFR 135.25(b) and (c) by leasing a B– This notice also announces the
Docket: Background documents or 300 aircraft and maintains it on their
comments received may be read at availability of this Noise Compatibility
part 135 Operations Specifications and Program for public review and
http://www.regulations.gov at any time. utilizes it solely as a part 135 aircraft.
Follow the online instructions for comment.
[FR Doc. 2016–29640 Filed 12–9–16; 8:45 am] Under 49 U.S.C., Section 47503,
accessing the docket or go to the Docket
BILLING CODE 4910–13–P Aviation Safety and Noise Abatement
Operations in Room W12–140 of the
Act (the Act), an airport operator may
West Building Ground Floor at 1200
submit to the FAA Noise Exposure
New Jersey Avenue SE., Washington, DEPARTMENT OF TRANSPORTATION Maps which meet applicable regulations
DC, between 9 a.m. and 5 p.m., Monday
and which depict non-compatible land
through Friday, except Federal holidays. Federal Aviation Administration uses as of the date of submission of such
FOR FURTHER INFORMATION CONTACT: Dale maps, a description of projected aircraft
Williams (202) 267–4179, Office of Noise Exposure Map Notice; Receipt of
Noise Compatibility Program and operations, and the ways in which such
Rulemaking, Federal Aviation operations will affect such maps. The
Administration, 800 Independence Request for Review, Orlando
Melbourne International Airport (MLB), Act requires such maps to be developed
Avenue SW., Washington, DC 20591. in consultation with interested parties
This notice is published pursuant to Melbourne, FL
in the local community, government
14 CFR 11.85. AGENCY: Federal Aviation agencies, and persons using the airport.
Dated: December 2, 2016. Administration (FAA), DOT. An airport operator who has
Dale A. Bouffiou, ACTION: Noise Exposure Map Notice and submitted Noise Exposure Maps that are
Deputy Director, Office of Rulemaking. Receipt of Noise Compatibility Program found by FAA to be in compliance with
and Request for Review. the requirements of Part 150,
Petition for Exemption promulgated pursuant to the Act, may
Docket No.: FAA–2016–6581. SUMMARY: The Federal Aviation submit a Noise Compatibility Program
Petitioner: Flight Options, LLC. Administration (FAA) announces its for FAA approval which sets forth the
Section(s) of 14 CFR Affected: determination that the Noise Exposure measures the operator has taken or
135.25(b)(c). Maps (NEM’s) submitted by the proposes to take to reduce existing non-
Description of Relief Sought: Flight Melbourne Airport Authority compatible uses and prevent the
Options seeks exemption from (Authority, Melbourne, FL) for the introduction of additional non-
mstockstill on DSK3G9T082PROD with NOTICES
§ 135.25(b), which requires a part 135 Orlando Melbourne International compatible uses.
certificate holder to have the exclusive Airport (MLB), Melbourne, FL under the The Melbourne Airport Authority
use of at least one aircraft that meets the provisions of 40 U.S.C. 47501 et seq. submitted to the FAA on September 9,
requirements for at least one kind of (Aviation Safety and Noise Abatement 2016 Noise Exposure Maps, descriptions
operation authorized in its operations Act) and 14 CFR 150 are in compliance and other documentation that were
specifications. In addition, Flight with applicable requirements. The FAA produced during the Orlando
Options seeks exemption from also announces that it is reviewing a Melbourne International Airport Part
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![Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices 89569
150 Study conducted between March 1, noise exposure contours depicted on a Federal Aviation Administration, 5950
2013 and September 9, 2016. It was Noise Exposure Map submitted under Hazeltine National Drive, Suite 400,
requested that the FAA review this Section 47503 of the Act, it should be Orlando, FL 32882
material as the Noise Exposure Maps, as noted that the FAA is not involved in Orlando Melbourne International
described in Section 47503 of the Act, any way in determining the relative Airport, One Air Terminal Parkway,
and that the noise mitigation measures, locations of specific properties with Suite 220, Melbourne, FL 32901
to be implemented jointly by the airport regard to the depicted noise exposure Questions may be directed to the
and surrounding communities, be contours, or in interpreting the Noise individual named above under the
approved as a Noise Compatibility Exposure Maps to resolve questions heading, FOR FURTHER INFORMATION
Program under Section 47504 of the Act. concerning, for example, which CONTACT.
The FAA has completed its review of properties should be covered by the Issued in Orlando, Florida, on December 1,
the Noise Exposure Maps and provisions of Section 47506 of the Act. 2016.
accompanying documentation These functions are inseparable from Bart Vernace,
submitted by the Melbourne Airport the ultimate land use control and Manager, Orlando Airports District Office,
Authority. The documentation that planning responsibilities of local Orlando, FL.
constitutes the ‘‘Noise Exposure Maps’’ government. These local responsibilities [FR Doc. 2016–29639 Filed 12–9–16; 8:45 am]
as defined in CFR Part 150 Section are not changed in any way under Part
BILLING CODE 4910–13–P
150.7 includes: Chapter 2.0 Airport 150 or through FAA’s review of Noise
Facilities and Local Airspace, Chapter Exposure Maps. Therefore, the
5.0 Noise Modeling, Chapter 6.0 Airport responsibility for the detailed DEPARTMENT OF TRANSPORTATION
Operational Data, Chapter 7.0 Noise overlaying of noise exposure contours
Exposure, Chapter 8.0 Noise Exposure onto the maps depicting properties on Federal Highway Administration
Maps Certification, Figure 6–1 Modeled the surface rests exclusively with the
Flight Tracks—East Flow, Figure 6–2 airport operator that submitted those Notice of Final Federal Agency Actions
Modeled Flight Tracks—West Flow, maps, or those public agencies and on Transportation Project in
Figure 6–3 Modeled Flight Tracks— planning agencies with which Washington State
Touch and Go and Helicopter, Figure 7– consultation is required under Section
1 2016 Noise Exposure Map, Figure 7– AGENCY: Federal Highway
47503 of the Act. The FAA has relied on
2 Future Land Use, Figure 7–3 2021 Administration (FHWA), Department of
the certification by the airport operator,
Noise Exposure Map, Table 6–1 2016 Transportation (DOT).
under Section 150.21 of Part 150, that
Annual Operations, Table 6–2 2016 the statutorily required consultation has ACTION: Notice of Limitation on Claims
Annual-Average Day Fleet Mix been accomplished. for Judicial Review of Actions by
(Itinerant Operations), Table 6–3 2016 The FAA has formally received the FHWA.
Annual-Average Day Fleet Mix (Local Noise Compatibility Program for SUMMARY: This notice announces actions
Operations), Table 6–4 2021 Annual Orlando Melbourne International taken by the FHWA that are final within
Operations, Table 6–5 2021 Annual- Airport, also effective on December 1, the meaning of Section 1308 of the
Average Day Fleet Mix (Itinerant 2016. Preliminary review of the Moving Ahead for Progress in the 21st
Operations), Table 6–6 2021 Annual- submitted material indicates that it Century Act. The action relates to
Average Day Fleet Mix (Local conforms to the requirements for the design refinements to West Approach
Operations), Table 6–7 2016 and 2021 submittal of Noise Compatibility Bridge South, the Montlake Lid, and
Stage Length Percentages, Table 6–8 Programs, but that further review will be other elements of the Montlake
2016 and 2021 Runway Use necessary prior to approval or Interchange on State Route (SR) 520 in
Percentages, Table 6–9 2016 and 2021 disapproval of the program. The formal the City of Seattle, King County, State of
Departure Flight Track Use Percentages, review period, limited by law to a Washington.
Table 6–10 2016 and 2021 Arrival Flight maximum of 180 days, will be
DATES: A claim seeking judicial review
Track Use Percentages, Table 6–11 2016 completed on or before May 30, 2017.
The FAA’s detailed evaluation will be of the Federal agency actions on the
and 2021 Local and Helicopter Flight
conducted under the provisions of Part listed highway project will be barred
Track Use Percentages, Table 7–1 Land
150, Section 150.33. The primary unless the claim is filed on or before
Use Acreage within Existing (2016) DNL
considerations in the evaluation process May 11, 2017. If the Federal law that
Contours, Table 7–3 2021 DNL Contour
are whether the proposed measures may authorizes judicial review of a claim
Land Use Impacts. The FAA has
reduce the level of aviation safety, provides a time period of less than 150
determined that these noise exposure
create an undue burden on interstate or days for filing such claim, then that
maps and accompanying documentation
foreign commerce, or be reasonably shorter time period still applies.
are in compliance with applicable
consistent with obtaining the goal of FOR FURTHER INFORMATION CONTACT:
requirements. This determination is
effective on December 1, 2016. reducing existing non-compatible land Anthony Sarhan, Major Project
The FAA’s determination on an uses and preventing the introduction of Oversight Manager, Federal Highway
airport operator’s noise exposure maps additional non-compatible land uses. Administration, 711 S. Capitol Way,
is limited to a finding that the maps Interested persons are invited to Suite 501, Olympia, WA 98501–1284,
were developed in accordance with the comment on the proposed program with 360–753–9487, or anthony.sarhan@
procedures contained in Appendix A of specific reference to these factors. All dot.gov; or Margaret Kucharski, Mega
CFR Part 150. Such determination does comments, other than those properly Projects Compliance and
mstockstill on DSK3G9T082PROD with NOTICES
not constitute approval of the airport addressed to local land use authorities, Documentation Manager, Washington
operator’s data, information or plans, or will be considered by the FAA to the State Department of Transportation, 999
a commitment to approve a Noise extent practicable. 3rd Ave. Suite 2200, Seattle, WA 98104,
Compatibility Program or to fund Copies of the full Noise Exposure Map 206–770–3500, or Margaret.Kucharski@
implementation of that Program. If documentation and the proposed Noise wsdot.wa.gov.
questions arise concerning the precise Compatibility Program are available for SUPPLEMENTARY INFORMATION: On
relationship of specific properties to examination at the following locations: September 7, 2011, FHWA published a
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Document Created: 2018-02-14 09:05:54
Document Modified: 2018-02-14 09:05:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Noise Exposure Map Notice and Receipt of Noise Compatibility Program and Request for Review. | |
| Dates | Effective Date: The effective date of the FAA's determination on the Noise Exposure Maps and of the start of its review of the associated Noise Compatibility Program is December 1, 2016. The public comment period ends on January 30, 2017. | |
| Contact | Mr. Allan Nagy at the Federal Aviation Administration, Orlando Airports District Office, 5950 Hazeltine National Drive, Orlando, FL, 32882, Telephone 407-813-6331. | |
| FR Citation | 81 FR 89568 |
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