[Federal Register: February 28, 2005 (Volume 70, Number 38)]
[Notices]               
[Page 9696-9697]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe05-140]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Noise Exposure Map Notice; 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 
determination that the noise exposure maps submitted by Lee County Port 
Authority for Southwest Florida International Airport under the 
provisions of 49 U.S.C. 47501 et seq (Aviation Safety and Noise 
Abatement Act) and 14 CFR part 150 are in compliance with applicable 
requirements.

EFFECTIVE DATE: The effective date of the FAA's determination on the 
noise exposure maps is February 11, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Bonnie Baskin, Federal Aviation 
Administration, Orlando Airports District Office, 5950 Hazeltine 
National Dr., Suite 400, Orlando Florida 32822, (407) 812-8331, 
Extension 130.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds 
that the noise exposure maps submitted for Southwest Florida 
International Airport are in compliance with applicable requirements of 
part 150, effective February 11, 2005.
    Under 49 U.S.C. section 47503 of the Aviation Safety and Noise 
Abatement Act (hereinafter referred to as ``the Act''), an airport 
operator may submit to the FAA noise exposure maps which meet 
applicable regulations and which depict non-compatible 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 the Act, may submit a noise compatibility 
program for FAA approval which sets forth the measures the operator has 
taken or proposes to take to reduce existing non-compatible uses and 
prevent the introduction of additional non-compatible uses.
    The FAA has completed its review of the noise exposure maps and 
accompanying documentation submitted by Lee County Port Authority. The 
documentation that constitutes the ``noise exposure maps'' as defined 
in section 150.7 of Part 150 includes: Table 7-1, ``2003, 2008 and 2020 
Annual operations''; Table 8-3, ``2008 Domestic Air Carrier Operations 
and Fleet Mix''; Table 8-3, ``2008 Domestic Air Carrier operations and 
Fleet Mix''; Table 8-3, ``2008 Domestic Air Carrier Operations and 
Fleet Mix''; Table 8-21, ``2003 and 2008 Departure Corridor 
Percentages''; Table 8-22, ``2003 and 2008 Arrival Corridor 
Percentages''; Table 8-23, ``2003 and 2008 Local Pattern Percentages''; 
Table 9-4, ``Estimated Population Within 2003 and 2008 DNL Contours''; 
Exhibit 8-1, ``Aircraft Flight Tracks-Northeast Flow''; Exhibit 8-2, 
``Aircraft Flight Tracks-Southwest Flow''; Exhibit 8-3, ``Local

[[Page 9697]]

Flight Tracks''; Exhibit 9-1, ``2003 DNL Noise Contours with Existing 
Land Use''; and Exhibit 9-3, ``2008 DNL Noise Contours With Existing 
Land Use''. The FAA has determined that these noise exposure maps and 
accompanying documentation are in compliance with applicable 
requirements. This determination is effective on February 11, 2005.
    FAA's determination on the airport operator's noise exposure maps 
is limited to a finding 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 47503 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 47506 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 that submitted those maps, 
or with those public agencies and planning agencies with which 
consultation is required under section 47503 of the Act. The FAA has 
relied on the certification by the airport operator, under section 
150.21 of FAR Part 150, that the statutoril6y required consultation has 
been accomplished.
    Copies of the full noise exposure maps documentation and of the 
FAA's evaluation of the maps are available for examination at the 
following locations: Federal Aviation Administration, Orlando Airports 
District Office, 5950 Hazeltine National Dr., Suite 400, Orlando, 
Florida 32822.
    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Orlando, Florida, February 11, 2005.
W. Dean Stringer,
Manager, Orlando Airports District Office.
[FR Doc. 05-3765 Filed 2-25-05; 8:45 am]

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