
[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22713-22714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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


