82_FR_22807 82 FR 22713 - Approval of Noise Compatibility Program, Melbourne International Airport, Melbourne, FL

82 FR 22713 - Approval of Noise Compatibility Program, Melbourne International Airport, Melbourne, FL

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 94 (May 17, 2017)

Page Range22713-22714
FR Document2017-09902

The Federal Aviation Administration (FAA) announces its findings on the Noise Compatibility Program submitted by the Melbourne Airport Authority (MAA) under the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act.'' These findings are made in recognition of the description of Federal and nonfederal responsibilities in Senate Report No. 96-52 (1980). On December 12, 2016, the FAA determined that the noise exposure maps submitted by the MAA under Part 150 were in compliance with applicable requirements. On April 25, 2017, the FAA approved the Melbourne International Airport (MLB) 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.

Federal Register, Volume 82 Issue 94 (Wednesday, May 17, 2017) 
[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22713-22714]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09902]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program, Melbourne International 
Airport, Melbourne, 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 the Melbourne 
Airport Authority (MAA) under the Aviation Safety and Noise Abatement 
Act, hereinafter referred to as ``the Act.'' These findings are made in 
recognition of the description of Federal and nonfederal 
responsibilities in Senate Report No. 96-52 (1980). On December 12, 
2016, the FAA determined that the noise exposure maps submitted by the 
MAA under Part 150 were in compliance with applicable requirements. On 
April 25, 2017, the FAA approved the Melbourne International Airport 
(MLB) 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: The effective date of the FAA's approval of the MLB Noise 
Compatibility Program is April 25, 2017.

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 MLB, 
effective April 25, 2017.
    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 
environmental review of the proposed action. Approval does not 
constitute a

[[Page 22714]]

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.
    The MAA submitted to the FAA on September 9, 2016, the Noise 
Exposure Maps, descriptions, and other documentation produced during 
the noise compatibility planning Study conducted from October 2012 
through September 9, 2016. The MLB Noise Exposure Maps were determined 
by FAA to be in compliance with applicable requirements on December 1, 
2016. Notice of this determination was published in the Federal 
Register on December 12, 2016.
    The MLB Study contains a proposed Noise Compatibility Program 
comprised of actions designed for phased implementation by airport 
management and adjacent jurisdictions from the years 2016 to 2021. 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 1, 2016, 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 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 April 25, 2017.
    Outright approval was granted for the five (5) specific program 
elements that require FAA Action. No FAA Action is required for the 
remaining two (2) program elements which may be implemented by the MAA 
outside of the Part 150 Process. The FAA Approved elements consist of: 
Element AM-1, Noise Compatibility Program Management: This element 
recommends the MAA Airport Manager manage the implementation of the 
Noise Compatibility Program (NCP Section 12.1.1); Element AM-2, 
Community Involvement: This element recommends that the MAA continues 
accepting noise complaints via phone and email and that the MAA creates 
a Web page on noise abatement that can be accessed from the main 
Airport Web page (NCP Section 12.1.2); Element AM-3, Airport Noise 
Abatement Signage: This element recommends that the MAA purchases and 
installs noise abatement reminder signs at the ends of each runway to 
raise pilot awareness of noise sensitive land uses in proximity to the 
airport (NCP Section 12.1.3); Element AM-4, Develop a Jeppesen-style 
Insert on Noise Abatement Programs at MLB: This element recommends that 
the MAA voluntarily work with MLB ATCT, flight schools, and the FAA to 
publish Jeppesen-style pilot handouts notifying pilots of the noise 
abatement measures in place at MLB for better pilot awareness and 
compliance with the NCP's recommended noise abatement measures (NCP 
Section 12.1.4); Element AM-5, Noise Program Update: This element 
recommends that MAA staff should continue to routinely examine 
operating characteristics of MAA to determine if significant changes 
have occurred that would require an update to the most recent FAA 
approved Noise Exposure Maps (NCP Section 12.1.5).
    These determinations are set forth in detail in a Record of 
Approval (ROA) signed by the FAA on April 25, 2017. The ROA, 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 Melbourne Airport Authority. The ROA will 
also be available on-line at: http://www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/part_150/states/.

    Issued in Orlando, FL, on May 8, 2017.
Rebecca R. Henry,
Acting Manager, Orlando Airports District Office.
[FR Doc. 2017-09902 Filed 5-16-17; 8:45 am]
 BILLING CODE 4910-13-P

Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices 22713 SUPPLEMENTARY INFORMATION: The on or before June 9, 2017. Comments Compatibility Program which sets forth business meeting will include actions or will not be accepted at the business the measures taken or proposed by the presentations on the following items: (1) meeting noticed herein. airport operator for the reduction of Informational presentation of interest to Authority: Pub. L. 91–575, 84 Stat. 1509 et existing non-compatible land uses and the Juniata Subbasin area; (2) election of seq., 18 CFR parts 806, 807, and 808. prevention of additional non-compatible officers for FY 2018; (3) the proposed land uses within the area covered by the Dated: May 11, 2017. Water Resources Program for fiscal years Noise Exposure Maps. The Act requires 2018 and 2019; (4) amendment of the Stephanie L. Richardson, such programs to be developed in Comprehensive Plan for the Water Secretary to the Commission. consultation with interested and Resources of the Susquehanna River [FR Doc. 2017–09918 Filed 5–16–17; 8:45 am] affected parties including local Basin; (5) the proposed FY2018 BILLING CODE 7040–01–P communities, government agencies, Regulatory Program Fee Schedule; (6) airport users, and FAA personnel. adoption of a preliminary FY 2019 Each airport noise compatibility budget; (7) treasury management DEPARTMENT OF TRANSPORTATION program developed in accordance with services agreement with First National Title 14 Code of Federal Regulations Bank; (8) ratification/approval of Federal Aviation Administration (CFR) part 150 is a local program, not contracts/grants; (9) rulemaking action a Federal Program. The FAA does not to amend Commission regulations to Approval of Noise Compatibility substitute its judgment for that of the clarify application requirements and Program, Melbourne International airport operator with respect to which standards for review of projects, amend Airport, Melbourne, FL measure should be recommended for the rules dealing with the mitigation of AGENCY: Federal Aviation action. The FAA’s approval or consumptive uses, add a subpart to Administration, DOT. disapproval of 14 CFR part 150 program provide for registration of grandfathered recommendations is measured ACTION: Notice. projects, and revise requirements according to the standards expressed in dealing with hearings and enforcement SUMMARY: The Federal Aviation 14 CFR part 150 and the Act, and is actions; (10) report on delegated Administration (FAA) announces its limited to the following determinations: settlements; (11) EOG Resources Inc. findings on the Noise Compatibility a. The Noise Compatibility Program request for waiver of application Program submitted by the Melbourne was developed in accordance with the required by 18 CFR 806.3 and 806.4; Airport Authority (MAA) under the provisions and procedures of 14 CFR (12) Middletown Borough request for Aviation Safety and Noise Abatement part 150; waiver of application required by 18 Act, hereinafter referred to as ‘‘the Act.’’ b. Program measures are reasonably CFR 806.6(a)(5) and (b); and (13) These findings are made in recognition consistent with achieving the goals of Regulatory Program projects and of the description of Federal and reducing existing non-compatible land requests for extension of emergency nonfederal responsibilities in Senate uses around the airport and preventing certificates, including for Susquehanna Report No. 96–52 (1980). On December the introduction of additional non- Nuclear, LLC. 12, 2016, the FAA determined that the compatible land uses; Projects, the fee schedule, the request c. Program measures would not create noise exposure maps submitted by the of waiver by EOG Resources Inc., and an undue burden on interstate or foreign MAA under Part 150 were in amendments to the Comprehensive Plan commerce, unjustly discriminate against compliance with applicable listed for Commission action are those types or classes of aeronautical uses, requirements. On April 25, 2017, the that were the subject of a public hearing violate the terms of airport grant FAA approved the Melbourne conducted by the Commission on May agreements, or intrude into areas International Airport (MLB) noise 11, 2017, and identified in the notice for preempted by the Federal government; compatibility program. All of the such hearing, which was published in and recommendations of the program were d. Program measures relating to the 82 FR 17497, April 11, 2017. The approved. No program elements relating rulemaking was published in 81 FR use of flight procedures can be to new or revised flight procedures for implemented within the period covered 64814, September 21, 2016, and subject noise abatement were proposed by the to four public hearings on November 3, by the program without derogating airport operator. safety, adversely affecting the efficient 2016; November 9, 2016; November 10, DATES: The effective date of the FAA’s use and management of the navigable 2016; and December 8, 2016, and a public comment period that closed on approval of the MLB Noise airspace and air traffic control systems, January 30, 2017. Compatibility Program is April 25, 2017. or adversely affecting other powers and The public is invited to attend the FOR FURTHER INFORMATION CONTACT: responsibilities of the Administrator Commission’s business meeting. Allan Nagy, Federal Aviation prescribed by law. Comments on the Regulatory Program Administration, Orlando Airports Specific limitations with respect to projects, the fee schedule, the request District Office, 5950 Hazeltine National FAA’s approval of an airport Noise for waiver by EOG Resources Inc., and Drive, Suite 400, Orlando, FL 32822, Compatibility Program are delineated in amendments to the Comprehensive Plan phone number: (407) 812–6331. 14 CFR part 150, Section 150.5. were subject to a deadline of May 22, Documents reflecting this FAA action Approval is not a determination 2017. Written comments pertaining to may be reviewed at this same location. concerning the acceptability of land other items on the agenda at the SUPPLEMENTARY INFORMATION: This uses under Federal, state, or local law. business meeting may be mailed to the notice announces that the FAA has Approval does not by itself constitute an nlaroche on DSK30NT082PROD with NOTICES Susquehanna River Basin Commission, given its overall approval to the Noise FAA implementing action. A request for 4423 North Front Street, Harrisburg, Compatibility Program for MLB, Federal action or approval to implement Pennsylvania 17110–1788, or submitted effective April 25, 2017. specific noise compatibility measures electronically through http:// Under Section 47504 of the Act, an may be required, and an FAA decision www.srbc.net/pubinfo/ airport operator who has previously on the request may require publicparticipation.htm. Such submitted a Noise Exposure Map may environmental review of the proposed comments are due to the Commission submit to the FAA a Noise action. Approval does not constitute a VerDate Sep<11>2014 15:18 May 16, 2017 Jkt 241001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.SGM 17MYN1

22714 Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices commitment by the FAA to financially from the main Airport Web page (NCP DATES: The effective date of the FAA’s assist in the implementation of the Section 12.1.2); Element AM–3, Airport determination on the noise exposure program nor a determination that all Noise Abatement Signage: This element maps is May 5, 2017. measures covered by the program are recommends that the MAA purchases FOR FURTHER INFORMATION CONTACT: eligible for grant-in-aid funding from the and installs noise abatement reminder Eastern Region Airports Division (AEA– FAA. Where Federal funding is sought, signs at the ends of each runway to raise 600), Andrew Brooks, Environmental requests for project grants must be pilot awareness of noise sensitive land Program Manager, Federal Aviation submitted to the FAA Airports District uses in proximity to the airport (NCP Administration, AEA–600, 1 Aviation Office in Orlando, FL. Section 12.1.3); Element AM–4, Develop Plaza, Jamaica, New York 11434, The MAA submitted to the FAA on a Jeppesen-style Insert on Noise Telephone: (718) 553–3330. September 9, 2016, the Noise Exposure Abatement Programs at MLB: This SUPPLEMENTARY INFORMATION: This Maps, descriptions, and other element recommends that the MAA notice announces that the FAA finds documentation produced during the voluntarily work with MLB ATCT, flight that the noise exposure maps submitted noise compatibility planning Study schools, and the FAA to publish for LaGuardia Airport are in compliance conducted from October 2012 through Jeppesen-style pilot handouts notifying with applicable requirements of 14 CFR September 9, 2016. The MLB Noise pilots of the noise abatement measures part 150, effective January 13, 2004. Exposure Maps were determined by in place at MLB for better pilot Under 49 U.S.C. Section 47503 of the FAA to be in compliance with awareness and compliance with the Aviation Safety and Noise Abatement applicable requirements on December 1, NCP’s recommended noise abatement Act (hereinafter referred to as ‘‘the 2016. Notice of this determination was measures (NCP Section 12.1.4); Element Act’’), an airport operator may submit to published in the Federal Register on AM–5, Noise Program Update: This the FAA noise exposure maps which December 12, 2016. element recommends that MAA staff The MLB Study contains a proposed meet applicable regulations and which should continue to routinely examine depict non-compatible land uses as of Noise Compatibility Program comprised operating characteristics of MAA to of actions designed for phased the date of submission of such maps, a determine if significant changes have description of projected aircraft implementation by airport management occurred that would require an update and adjacent jurisdictions from the operations during a forecast period that to the most recent FAA approved Noise is at least five (5) years in the future, and years 2016 to 2021. It was requested that Exposure Maps (NCP Section 12.1.5). FAA evaluate and approve this material the ways in which such operations will These determinations are set forth in affect such maps. The Act requires such as a Noise Compatibility Program as detail in a Record of Approval (ROA) described in Section 47504 of the Act. maps to be developed in consultation signed by the FAA on April 25, 2017. with interested and affected parties in The FAA began its review of the The ROA, as well as other evaluation Program on December 1, 2016, and was the local community, government materials and the documents agencies, and persons using the airport. required by a provisions of the Act to comprising the submittal, are available approve or disapprove the program An airport operator who has submitted for review at the FAA office listed above noise exposure maps that are found by within 180-days (other than the use of and at the administrative office of the new or modified flight procedures for FAA to be in compliance with the Melbourne Airport Authority. The ROA requirements of Federal Aviation noise control). Failure to approve or will also be available on-line at: http:// disapprove such program within the Regulations (FAR) part 150, www.faa.gov/airports_airtraffic/ promulgated pursuant to the Act, may 180-day period shall be deemed to be an airports/environmental/airport_noise/ approval of such program. submit a noise compatibility program part_150/states/. for FAA approval which sets forth the The submitted program contained seven (7) proposed actions for noise Issued in Orlando, FL, on May 8, 2017. measures the operator has taken or mitigation on the airport. The FAA Rebecca R. Henry, proposes to take to reduce existing non- completed its review and determined Acting Manager, Orlando Airports District compatible uses and prevent the that the procedural and substantive Office. introduction of additional non- requirements of the Act and 14 CFR part [FR Doc. 2017–09902 Filed 5–16–17; 8:45 am] compatible uses. 150 have been satisfied. The overall BILLING CODE 4910–13–P The FAA has completed its review of program, therefore, was approved by the the noise exposure maps and FAA effective April 25, 2017. accompanying documentation Outright approval was granted for the DEPARTMENT OF TRANSPORTATION submitted by the Port Authority of New five (5) specific program elements that York and New Jersey. The require FAA Action. No FAA Action is Federal Aviation Administration documentation that constitutes the required for the remaining two (2) ‘‘Noise Exposure Maps’’ (NEM) as program elements which may be Noise Exposure Map Notice for defined in Section 150.7 of part 150 implemented by the MAA outside of the LaGuardia Airport, New York City, New includes a 2016 Base Year NEM, Figure Part 150 Process. The FAA Approved York 5–1, and a 2021 Future Year NEM, elements consist of: Element AM–1, AGENCY: Federal Aviation Figure 5–2, located in Chapter 5 of the Noise Compatibility Program Administration, DOT. NEM Report. Details of the NEM Management: This element recommends ACTION: Notice. contours are provided by Runway end the MAA Airport Manager manage the in Figures 5–3 through 5–6 of Chapter implementation of the Noise SUMMARY: The Federal Aviation 5. The figures contained within Chapter nlaroche on DSK30NT082PROD with NOTICES Compatibility Program (NCP Section Administration (FAA) announces its 5 are scaled to fit within the report 12.1.1); Element AM–2, Community determination that the noise exposure context; however, the official, to scale, Involvement: This element recommends maps submitted by the Port Authority of 2016 Base Year NEM and 2021 Future that the MAA continues accepting noise New York and New Jersey for LaGuardia Year NEM are both located in Appendix complaints via phone and email and Airport under the Aviation Safety and M of the official NEM Report submittal. that the MAA creates a Web page on Noise Abatement Act are in compliance The Noise Exposure Maps contain noise abatement that can be accessed with applicable requirements. current and forecast information VerDate Sep<11>2014 15:18 May 16, 2017 Jkt 241001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.SGM 17MYN1


Document Created: 2017-05-17 01:42:00
Document Modified: 2017-05-17 01:42:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe effective date of the FAA's approval of the MLB Noise Compatibility Program is April 25, 2017.
ContactAllan 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.
FR Citation82 FR 22713 
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