Noise Exposure Map Notice; Receipt of Noise Compatibility Program and Request for Review, Kissimmee Municipal Airport, Kissimmee, FL

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Exposure Map Notice; Receipt of Noise Compatibility Program

and Request for Review, Kissimmee Municipal Airport, Kissimmee, FL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its

determination that the noise exposure maps submitted by the City of

Kissimmee for Kissimmee Municipal Airport under the provisions of title

I of the Aviation Safety and Noise Abatement Act of 1979 (Public Law

96-193) and 14 CFR part 150 are in compliance with applicable

requirements. The FAA also announces that it is reviewing a proposed

noise compatibility program that was submitted for Kissimmee Municipal

Airport under part 150 in conjunction with the noise exposure map, and

that this program will be approved or disapproved on or before July

10,1994.

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 January 11, 1994. The public comment

period ends March 12, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Tommy J. Pickering, P.E., Federal

Aviation Administration, Orlando Airports District Office, 9677

Tradeport Drive, suite 130, Orlando, Florida 32827-5397, (407) 648-

6583. Comments on the proposed noise compatibility program should also

be submitted to the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds

that the noise exposure maps submitted for Kissimmee Municipal Airport

are in compliance with applicable requirements of part 150, effective

January 11, 1994. Further, FAA is reviewing a proposed noise

compatibility program for that airport which will be approved or

disapproved on or before July 10, 1994. This notice also announces the

availability of this program for public review and comment.

Under section 103 of title I of the Aviation Safety and Noise

Abatement Act of 1979 (hereinafter referred to as ``the Act''), an

airport operator may submit to the FAA noise exposure maps which meet

applicable regulations and which depict noncompatible 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 and affected 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 Federal

Aviation Regulations (FAR) part 150, promulgated pursuant to title I of

the Act, may submit a noise compatibility program for FAA approval

which sets forth the measures the operator has taken or proposes for

the reduction of existing noncompatible uses and for the prevention of

the introduction of additional noncompatible uses.

The City of Kissimmee submitted to the FAA on December 2, 1993,

noise exposure maps, descriptions and other documentation which were

produced during development of the Kissimmee Municipal Airport FAR Part

150 Noise Study between July 1, 1991, and November 29, 1993. It was

requested that the FAA review this material as the noise exposure maps,

as described in section 103(a)(1) 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 104(b) of the Act.

The FAA has completed its review of the noise exposure maps and

related descriptions submitted by the City of Kissimmee. The specific

maps under consideration are ``Existing (1992) Noise Contours on

Existing Land Use'' and ``Alternate 5 Recommended Future (1997) Noise

Contours on Existing Land Use'' in the submission. The FAA has

determined that these maps for Kissimmee Municipal Airport are in

compliance with applicable requirements. This determination is

effective on January 11, 1994. FAA's determination on an airport

operator's noise exposure maps is limited to a funding that the maps

were developed in accordance with the procedures contained in appendix

A of FAR part 150. Such determination does not constitute approval of

the applicant's data, information or plans, or a commitment to approve

a noise compatibility program or to fund the 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 103 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 contours, or in

interpreting the noise exposure maps to resolve questions concerning,

for example, which properties should be covered by the provisions of

section 107 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 map depicting properties on the surface

rests exclusively with the airport operator which submitted those maps,

or with those public agencies and planning agencies with which

consultation is required under section 103 of the Act. The FAA has

relied on the certification by the airport operator, under Sec. 150.21

of FAR part 150, that the statutorily required consultation has been

accomplished.

The FAA has formally received the noise compatibility program for

Kissimmee Municipal Airport, also effective on January 11, 1994.

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 July 10, 1994.

The FAA's detailed evaluation will be conducted under the

provisions of 14 CFR part 150, Sec. 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 noncompatible land uses and preventing the

introduction of additional noncompatible 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 noise

exposure maps, the FAA's evaluation of the maps, and the proposed noise

compatibility program are available for examination at the following

locations:

Federal Aviation Administration, Orlando Airports District Office, 9677

Tradeport Drive, suite 130, Orlando, Florida 32827-5397.

Office of the Director of Aviation, Kissimmee Municipal Airport, 301 N.

Dyer Boulevard, suite 101, Kissimmee, Florida 34741-4613.

Questions may be directed to the individual named above under the

heading, FOR FURTHER INFORMATION CONTACT:

Issued in Orlando, Florida on January 11, 1994.

Charles E. Blair, Manager,

Orlando Airports District Office.

[FR Doc. 94-1930 Filed 1-27-94; 8:45 am]

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