89568 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices 

ADDRESSES: Send comments identified 

by docket number FAA–2016–6581 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

http://www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Dale 

Williams (202) 267–4179, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Dated: December 2, 2016. 

Dale A. Bouffiou, 

Deputy Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2016–6581. 

Petitioner: Flight Options, LLC. 

Section(s) of 14 CFR Affected: 

135.25(b)(c). 

Description of Relief Sought: Flight 

Options seeks exemption from 

§ 135.25(b), which requires a part 135 

certificate holder to have the exclusive 

use of at least one aircraft that meets the 

requirements for at least one kind of 

operation authorized in its operations 

specifications. In addition, Flight 

Options seeks exemption from 

§ 135.25(c), which specifies that, for the 

purposes of § 135.25(b), a person has 

exclusive use of an aircraft if that person 

has the sole possession, control, and use 

of it for flight, as owner, or has a written 

agreement (including arrangements for 

performing required maintenance), in 

effect when the aircraft is operated, 

giving the person that possession, 

control, and use for at least 6 

consecutive months. In addition, the 

FAA notes that an exemption from 

§ 135.419 may be relevant to the 

disposition of this petition. Section 

135.419 states that the FAA 

Administrator may require or allow an 

approved aircraft inspection program for 

any make and model aircraft of which 

the certificate holder has exclusive use 

of at least one aircraft (as defined in 

§ 135.25(b)). Flight Options currently 

operates 75 turbo jet aircraft all of which 

are leased aircraft. Flight Options 

retains responsibility for all 

maintenance of the aircraft on its part 

135 certificates. Additionally, Flight 

Options maintains a part 145 repair 

station (No. BTVR626C). Flight Options’ 

business model is for all aircraft also to 

be operated under 14 CFR part 91K and 

under part 91 as appropriate. Flight 

Options currently is in compliance with 

14 CFR 135.25(b) and (c) by leasing a B– 

300 aircraft and maintains it on their 

part 135 Operations Specifications and 

utilizes it solely as a part 135 aircraft. 

[FR Doc. 2016–29640 Filed 12–9–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Noise Exposure Map Notice; Receipt of 

Noise Compatibility Program and 

Request for Review, Orlando 

Melbourne International Airport (MLB), 

Melbourne, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Noise Exposure Map Notice and 

Receipt of Noise Compatibility Program 

and Request for Review. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

determination that the Noise Exposure 

Maps (NEM’s) submitted by the 

Melbourne Airport Authority 

(Authority, Melbourne, FL) for the 

Orlando Melbourne International 

Airport (MLB), Melbourne, FL under the 

provisions of 40 U.S.C. 47501 et seq. 

(Aviation Safety and Noise Abatement 

Act) and 14 CFR 150 are in compliance 

with applicable requirements. The FAA 

also announces that it is reviewing a 

proposed Noise Compatibility Program 

(NCP) that was submitted for the 

Orlando Melbourne 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 30, 2017. 

DATES: 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 December 1, 

2016. The public comment period ends 

on January 30, 2017. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Allan Nagy at the Federal Aviation 

Administration, Orlando Airports 

District Office, 5950 Hazeltine National 

Drive, Orlando, FL, 32882, Telephone 

407–813–6331. 

SUPPLEMENTARY INFORMATION: This 

Notice announces that the FAA finds 

that the Noise Exposure Maps submitted 

for Orlando Melbourne International 

Airport are in compliance with 

applicable requirements of Title 14 

Code of Federal Regulations (CFR) Part 

150, effective December 1, 2016. 

Furthermore, FAA is reviewing a 

proposed Noise Compatibility Program 

for MLB which will be approved or 

disapproved on or before May 30, 2017. 

This notice also announces the 

availability of this Noise Compatibility 

Program for public review and 

comment. 

Under 49 U.S.C., Section 47503, 

Aviation Safety and Noise Abatement 

Act (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 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 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 noncompatible uses and prevent the 

introduction of additional noncompatible uses. 

The Melbourne Airport Authority 

submitted to the FAA on September 9, 

2016 Noise Exposure Maps, descriptions 

and other documentation that were 

produced during the Orlando 

Melbourne International Airport Part 

mstockstill on DSK3G9T082PROD with NOTICES

Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices 89569 

150 Study conducted between March 1, 

2013 and September 9, 2016. It was 

requested that the FAA review this 

material as the Noise Exposure Maps, as 

described in Section 47503 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 47504 of the Act. 

The FAA has completed its review of 

the Noise Exposure Maps and 

accompanying documentation 

submitted by the Melbourne Airport 

Authority. The documentation that 

constitutes the ‘‘Noise Exposure Maps’’ 

as defined in CFR Part 150 Section 

150.7 includes: Chapter 2.0 Airport 

Facilities and Local Airspace, Chapter 

5.0 Noise Modeling, Chapter 6.0 Airport 

Operational Data, Chapter 7.0 Noise 

Exposure, Chapter 8.0 Noise Exposure 

Maps Certification, Figure 6–1 Modeled 

Flight Tracks—East Flow, Figure 6–2 

Modeled Flight Tracks—West Flow, 

Figure 6–3 Modeled Flight Tracks— 

Touch and Go and Helicopter, Figure 7– 

1 2016 Noise Exposure Map, Figure 7– 

2 Future Land Use, Figure 7–3 2021 

Noise Exposure Map, Table 6–1 2016 

Annual Operations, Table 6–2 2016 

Annual-Average Day Fleet Mix 

(Itinerant Operations), Table 6–3 2016 

Annual-Average Day Fleet Mix (Local 

Operations), Table 6–4 2021 Annual 

Operations, Table 6–5 2021 AnnualAverage Day Fleet Mix (Itinerant 

Operations), Table 6–6 2021 AnnualAverage Day Fleet Mix (Local 

Operations), Table 6–7 2016 and 2021 

Stage Length Percentages, Table 6–8 

2016 and 2021 Runway Use 

Percentages, Table 6–9 2016 and 2021 

Departure Flight Track Use Percentages, 

Table 6–10 2016 and 2021 Arrival Flight 

Track Use Percentages, Table 6–11 2016 

and 2021 Local and Helicopter Flight 

Track Use Percentages, Table 7–1 Land 

Use Acreage within Existing (2016) DNL 

Contours, Table 7–3 2021 DNL Contour 

Land Use Impacts. The FAA has 

determined that these noise exposure 

maps and accompanying documentation 

are in compliance with applicable 

requirements. This determination is 

effective on December 1, 2016. 

The FAA’s determination on an 

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 

CFR Part 150. Such determination does 

not constitute approval of the airport 

operator’s data, information or plans, or 

a commitment to approve a Noise 

Compatibility Program or to fund 

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 exposure 

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 maps depicting properties on 

the surface rests exclusively with the 

airport operator that submitted those 

maps, or 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 Part 150, that 

the statutorily required consultation has 

been accomplished. 

The FAA has formally received the 

Noise Compatibility Program for 

Orlando Melbourne International 

Airport, also effective on December 1, 

2016. 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 30, 2017. 

The FAA’s detailed evaluation will be 

conducted under the provisions of Part 

150, Section 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 non-compatible land 

uses and preventing the introduction of 

additional non-compatible 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 full Noise Exposure Map 

documentation and the proposed Noise 

Compatibility Program are available for 

examination at the following locations: 

Federal Aviation Administration, 5950 

Hazeltine National Drive, Suite 400, 

Orlando, FL 32882 

Orlando Melbourne International 

Airport, One Air Terminal Parkway, 

Suite 220, Melbourne, FL 32901 

Questions may be directed to the 

individual named above under the 

heading, FOR FURTHER INFORMATION

CONTACT. 

Issued in Orlando, Florida, on December 1, 

2016. 

Bart Vernace, 

Manager, Orlando Airports District Office, 

Orlando, FL. 

[FR Doc. 2016–29639 Filed 12–9–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Transportation Project in 

Washington State 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by 

FHWA. 

SUMMARY: This notice announces actions 

taken by the FHWA that are final within 

the meaning of Section 1308 of the 

Moving Ahead for Progress in the 21st 

Century Act. The action relates to 

design refinements to West Approach 

Bridge South, the Montlake Lid, and 

other elements of the Montlake 

Interchange on State Route (SR) 520 in 

the City of Seattle, King County, State of 

Washington. 

DATES: A claim seeking judicial review 

of the Federal agency actions on the 

listed highway project will be barred 

unless the claim is filed on or before 

May 11, 2017. If the Federal law that 

authorizes judicial review of a claim 

provides a time period of less than 150 

days for filing such claim, then that 

shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Sarhan, Major Project 

Oversight Manager, Federal Highway 

Administration, 711 S. Capitol Way, 

Suite 501, Olympia, WA 98501–1284, 

360–753–9487, or anthony.sarhan@

dot.gov; or Margaret Kucharski, Mega 

Projects Compliance and 

Documentation Manager, Washington 

State Department of Transportation, 999 

3rd Ave. Suite 2200, Seattle, WA 98104, 

206–770–3500, or Margaret.Kucharski@

wsdot.wa.gov. 

SUPPLEMENTARY INFORMATION: On 

September 7, 2011, FHWA published a 

mstockstill on DSK3G9T082PROD with NOTICES