
[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Notices]
[Pages 20297-20298]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08203]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Southwest Florida 
International Airport, Fort Myers, 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 Lee County 
Port 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 January 30, 2013, the FAA determined that the noise exposure 
maps submitted by the Lee County Port Authority under Part 150 were in 
compliance with applicable requirements. On April 4, 2014, the FAA 
approved the Southwest Florida International Airport Noise 
Compatibility Program. Some of the recommendations of the Program were 
approved by FAA.

DATES: Effective Date: The effective date of the FAA's approval of the 
Southwest Florida International Airport Noise Compatibility Program is 
April 4, 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 Southwest 
Florida International Airport, effective April 4, 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

[[Page 20298]]

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.
    Lee County Port Authority submitted to the FAA on January 30, 2013, 
the Noise Exposure Maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from May 10, 
2012, through March 3, 2014. The Southwest Florida International 
Airport Noise Exposure Maps were determined by FAA to be in compliance 
with applicable requirements on January 30, 2013. Notice of this 
determination was published in the Federal Register on February 8, 
2013.
    The Southwest Florida International Airport study contains a 
proposed Noise Compatibility Program comprised of actions designed for 
phased implementation by airport management and adjacent jurisdictions 
from April 19, 2014 to the year 2018. 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 October 21, 2013, 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 sixteen (16) proposed actions for 
noise mitigation on and/or off 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 4, 2014.
    Outright approval was granted for five of the specific Program 
elements. Eleven of the Proposed measures in the NCP were disapproved 
for purposes of 14 CFR Part 150 because the analysis in the NCP does 
not demonstrate the measures' noise benefits on the DNL 65 dBA noise 
contour and they did not result in achieving the goals of reducing 
existing noncompatible land uses around the airport and preventing the 
introduction of additional noncompatible land uses in the area around 
the airport. However, these measures can be implemented by the Airport 
Sponsor on a voluntary basis.
    These determinations are set forth in detail in a Record of 
Approval signed by the FAA on April 4, 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 the Lee County Port 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, FL, on April 7, 2014.
Bart Vernace,
P.E., Manager, Orlando Airports District Office.
[FR Doc. 2014-08203 Filed 4-10-14; 8:45 am]
BILLING CODE 4910-13-P


