Noise Exposure Map Notice; Receipt of Noise Compatibility Program and Request for Review, Palm Beach International Airport, West Palm Beach, FL

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Exposure Map Notice; Receipt of Noise Compatibility Program

and Request for Review, Palm Beach International Airport, West Palm

Beach, FL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its

determination that the revised future noise exposure map submitted by

the Palm Beach County Department of Airports, West Palm Beach, Florida

for The Palm Beach International 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 is in compliance with applicable

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

noise compatibility program that was submitted for The Palm Beach

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 17, 1995. This program was submitted subsequent to a

determination by FAA that the associated existing noise exposure map

submitted under 14 CFR Part 150 for The Palm Beach International

Airport was in compliance with applicable requirements effective

February 1, 1993.

EFFECTIVE DATE: The effective date of the FAA's determination on the

revised future noise exposure map and of the start of its review of the

associated noise compatibility program is November 18, 1994. The public

comment period ends January 17, 1995.

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 revised future noise exposure map submitted for The Palm Beach

International Airport is in compliance with applicable requirements of

Part 150, effective November 18, 1994. Further, FAA is reviewing a

proposed noise compatibility program for that airport which will be

approved or disapproved on or before May 17, 1995. 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 to 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 Palm Beach County Department of Airports, West Palm Beach,

Florida, submitted to the FAA on October 6, 1994, a revised future

noise exposure map, descriptions and other documentation which were

produced during the Palm Beach International Airport FAR Part 150 Study

conducted between March 21, 1991 and October 4, 1994. It was requested

that the FAA review this material as the future noise exposure map, 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 revised future nose

exposure map and related descriptions submitted by the Palm Beach

County Department of Airports, West Palm Beach, Florida. The specific

map under consideration is ``REVISED FIVE-YEAR (1998) NOISE EXPOSURE

MAP, INCLUDING IMPLEMENTATION OF REVISED NOISE COMPATIBILITY PROGRAM

WITH EXISTING OFF-AIRPORT LAND USE'' in the submission. The FAA has

determined that this map for The Palm Beach International Airport is in

compliance with applicable requirements. This determination is

effective on November 18, 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 overlying of noise

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 Section

150.21 of FAR Part 150, that the statutorily required consultation has

been accomplished.

The FAA has formally received the noise compatibility program for

The Palm Beach International Airport, also effective on November 18,

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 May 17, 1995.

The FAA's detailed evaluation will be conducted under the provision

of 14 CFR Part 150, Section 150.33. The primary considerations in the

evaluation process are whether the proposed measures may reduce the

level of aviation safety, crate an undue burden on interstate or

foreign commerce, or be reasonable 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

Palm Beach County Department of Airports, Palm Beach International

Airport, Building 846, West Palm Beach, FL 33406-1491

Questions may be directed to the individual named above under the

heading FOR FURTHER INFORMATION CONTACT.

Issued in Orlando, Florida, November 18, 1994.

Charles E. Blair,

Manager, Orlando Airports District Office.

[FR Doc. 94-29500 Filed 12-2-94; 8:45 am]

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