Federal Register / Vol. 62, No. 217 / Monday, November 10, 1997 / Notices 60549

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 AkronCanton Regional Airport Authority. The

specific maps under consideration are

Figure 8.2, Pages 107–108 of the NEM,

and Figure 4.1, Pages 43–44 of the NCP,

in the submission. The FAA has

determined that these maps for AkronCanton Regional Airport are in

compliance with applicable

requirements. This determination is

effective October 16, 1997. 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 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 detail 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

of 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 AkronCan Regional Airport, also effective on

October 16, 1997. 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 April 14, 1998.

The FAA’s detailed evaluation will be

conducted under the provisions 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, 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,

Detroit Airports District Office,

Willow Run Airport, East, 8820 Beck

Road, Belleville, Michigan 48111

Mr. Frederick J. Krum, Director of

Aviation, Akron-Canton Regional

Airport, 5400 Lauby Road, N.W., P.O.

Box 9, North Canton, OH 44720–1598

Questions may be directed to the

individual named above under the

heading, FOR FURTHER INFORMATION

CONTACT.

Issued in Belleville, Michigan, on October

16, 1997.

Lawrence C. King,

Acting Assistant Manager, Detroit Airports

District Office FAA Great Lakes Region.

[FR Doc. 97–29572 Filed 11–7–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Approval of Noise Compatibility

Program Sarasota-Bradenton

International Airport Sarasota, FL

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice

SUMMARY: The Federal Aviation

Administration (FAA) announces its

findings on the noise compatibility

program submitted by the Sarasota

Manatee Airport Authority 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. These findings are made in

recognition of the description of Federal

and nonfederal responsibilities in

Senate Report No. 96–52 (1980). On

May 7, 1996 and April 15, 1997, the

FAA determined that the noise exposure

maps submitted by the Sarasota

Manatee Airport Authority under Part

150 were in compliance with applicable

requirements. On October 9, 1997, the

Administrator approved the SarasotaBradenton International Airport noise

compatibility program. All of the

program measures were fully approved.

EFFECTIVE DATE: The effective date of the

FAA’s approval of the SarasotaBradenton International Airport noise

compatibility program is October 9,

1997.

FOR FURTHER INFORMATION CONTACT:

Mr. Tommy J. Pickering, P.E., Federal

Aviation Administration, Orlando

Airports District Office, 5950 Hazeltine

National Drive, Suite 400, Orlando

Florida 32822, (407) 812–6331,

Extension 29. 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 SarasotaBradenton International Airport,

effective October 9, 1997.

Under Section 104(a) of the Aviation

Safety and Noise Abatement Act of 1979

(hereinafter referred to as ‘‘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

noncompatible land uses and

prevention of additional noncompatible

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

Federal Aviation Regulations (FAR) Part

150 is a local program, not a Federal

program. The FAA does not substitute

its judgment for that of the airport

proprietor with respect to which

measure should be recommended for

action. The FAA’s approval or

disapproval of FAR Part 150 program

recommendations is measured

according to the standards expressed in
60550 Federal Register / Vol. 62, No. 217 / Monday, November 10, 1997 / Notices

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 FAR Part

150:

b. Program measures are reasonably

consistent with achieving the goals of

reducing existing noncompatible land

uses around the airport and preventing

the introduction of additional

noncompatible land uses;

c. Program measures would not create

an undue burden on interstate or foreign

commerce, unjustly discriminate against

types or classes of aeronautical users,

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

FAR 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 an environmental

assessment of the proposed action.

Approval does not constitute a

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, Florida.

The Sarasota Manatee Airport

Authority submitted to the FAA on May

2, 1996 and April 9, 1997, updated

noise exposure maps, descriptions, and

other documentation produced during

the noise compatibility planning study

conducted from May 1, 1993 through

April 7, 1997. the Sarasota-Bradenton

International Airport noise exposure

maps were determined by FAA to be in

compliance with applicable

requirements on May 7, 1996 and April

15, 1997. Notice of this determination

was published in the Federal Register.

The Sarasota-Bradenton International

Airport study contains a proposed noise

compatibility program comprised of

actions designed for phased

implementation by airport management

and adjacent jurisdictions from the date

of study completion to the year 2002. It

was requested that FAA evaluate and

approve this material as a noise

compatibility program as described in

Section 104(b) of the Act. The FAA

began its review of the program on April

15, 1997, and was required by a

provision of the Act to approve or

disapprove the program within 180-days

(other than the use of new 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

four (4) proposed actions for noise

mitigation on and off the airport. The

FAA completed its review and

determined that the procedural and

substantive requirements of the Act and

FAR Part 150 have been satisfied. The

overall program, therefore, was

approved by the Administrator effective

October 9, 1997.

Outright approval was granted for all

four (4) of the specific program

measures. The approval action was for

the following program controls:

Noise abatement measure Description NCP pages

OPERATIONAL MEASURES

1. Departure Path for Runway 32 .. Current ATC procedures by SRQ tower and Tampa TRACON instruct

all aircraft weighing over 25,000 pounds and all jet aircraft departing northbound on Runway 32 to turn left at 0.9 DME (i.e., the middle marker) to join the 295° radial outbound, then proceed on

course as instructed by ATC. Southbound jet aircraft departing on

Runway 32 are instructed to turn left at the 0.9 DME to a heading

of 270° for vectors to on course. The airport’s Flight Tracking System indicates some aircraft using the northbound procedure fly particularly close to residential areas on the eastern shore of Sarasota

Bay. It is recommended that the existing procedure be modified so

all aircraft weighing over 25,000 pounds and all jet aircraft departing on Runway 32 would be instructed to turn left at 0.9 DME to

join the Sarasota 270° radial outbound to at least 7 DME, then proceed on course as instructed by ATC. Should, after implementation,

the turn at 7 DME result in a splay of aircraft that is further east

then anticipated, it is recommended that aircraft proceed outbound

on the 270° radial to the 8 DME, then proceed on course as instructed by ATC. It is further recommended that should approval of

the turn to the 270° radial be denied, then the current procedure be

maintained until such time as the turn to the 270° radial becomes

feasible. Implementation of the modified procedure will reduce

noise exposure on sensitive areas northwest of the airport and reduce the number of impacted people with the 65 DNL contour by

approximately 1,033 people. FAA Action: Approved. Any decision to

implement this procedure is subject to appropriate environmental

review, a flight check, and publication of the SID.

Pgs. 4–3 to 4–11, 6–1 and 6–2;

Figures 4–1 to 4–3; Tables 4–1

and 6–10; and letter from Mr.

Noah Lagos dated June 17,

1997.
Federal Register / Vol. 62, No. 217 / Monday, November 10, 1997 / Notices 60551

Noise abatement measure Description NCP pages

LAND USE MEASURES

1. Purchase and Resale with

Avigation Easements and Sound

Insulation.

It is recommended that the SMAA offer to purchase fee simple interest from homeowners who purchased their current home prior to

January 1, 1980, and who are located within the 65+DNL contour

of the 2000 NEM in Sarasota and Manatee Counties. Priority ranking based upon length of ownership will be given to homeowners

located within the 70+DNL contour of the 1995 NEM. Homes purchased by the SMAA will be sound insulated only where feasible

and cost effective and all homes will be resold with an avigation

easement. This alternative will be implemented in accordance with

49 CFR Part 24 and other applicable guidance. This will reduce existing noncompatible land uses and provide mitigation for homeowners who purchased prior to January 1, 1980, to comply with existing Florida Development of Regional Impact (DRI) Development

Order stipulations. FAA Action: Approved.

Pgs. 5–16 to 5–18, 6–13 and 6–

14; Figures 5–1 to 5–3, 6–2 and

6–4; Tables 5–7, 5–9 and 6–11;

Appendices D, E and F; and

Letter from Mr. Noah Lagos

dated June 17, 1997.

2. Sound Insulation with Avigation

Easements.

It is recommended that the SMAA offer to provide sound insulation,

only where feasible and cost effective, in exchange for an avigation

easement to fixed single family homeowners located within the

65+DNL contour of the 2000 NEM in Sarasota and Manatee Counties, who purchased their current home prior to December 15,

1986, the date of constructive notice. Mobile homes and large institutional buildings are not included in this program. Priority ranking

based upon length of ownership will be given to homeowners located within the 70+DNL contour of the 1995 NEM. This will reduce

existing noncompatible land uses and provide mitigation for homeowners who purchased prior to the date of construction notice. FAA

Action: Approved.

Pgs. 5–11 to 5–14, 6–11 and 6–

12; Figures 5–1, 5–3, 6–2 and

6–4; Tables 5–5, 6–7 and 6–11;

Appendices D, E and F; and

Letter from Mr. Noah Lagos

dated June 17, 1997.

Purchase of Avigation Easement ... It is recommended that the SMAA offer to purchase avigation easements from homeowners, including mobile homes where owners

own their own lots, located within the 65–DNL contour of the 2000

NEM in Sarasota and Manatee Counties, who purchased their current home prior to December 15, 1986, the date of construction notice. Priority rating based upon length of ownership will be given to

homeowners located within the 70+DNL contour of the 1995 NEM.

This will reduce existing noncompatible land uses and provide mitigation for homeowners who purchased prior to the date of constructive notice. FAA Action: Approved.

Pgs. 5–14 to 5–16 and 6–13; Figures 5–1, 5–3, 6–2 and 6–4; Tables 5–6, 6–8 and 6–11; Appendices D, E and F; and Letter

from Mr. Noah Lagos dated

June 17, 1997.

These determinations are set forth in

detail in a Record of Approval endorsed

by the Administrator on October 9,

1997. The Record of Approval, 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 Sarasota

Manatee Airport Authority.

Issued in Orlando, Florida on October 24,

1997.

Gordon H. Shepardson,

Acting Manager, Orlando Airports District

Office.

[FR Doc. 97–29580 Filed 11–7–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE–97–55]

Petitions for Exemption; Summary of

Petitions; Received; Dispositions of

Petitions Issued

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of petitions for

exemption received and of dispositions

of prior petitions.

SUMMARY: Pursuant to FAA’s rulemaking

provisions governing the application,

processing, and disposition of petitions

for exemption (14 CFR Part 11), this

notice contains a summary of certain

petitions seeking relief from specified

requirements of the Federal Aviation

Regulations (14 CFR Chapter I),

dispositions of certain petitions

previously received, and corrections.

The purpose of this notice is to improve

the public’s awareness of, and

participation in, this aspect of FAA’s

regulatory activities. Neither publication

of this notice nor the inclusion or

omission of information in the summary

is intended to affect the legal status of

any petition or its final disposition.

DATES: Comments on petitions received

must identify the petition docket

number involved and must be received

on or before November 26, 1997.

ADDRESSES: Send comments on any

petition in triplicate to: Federal

Aviation Administration, Office of the

Chief Counsel, Attn: Rule Docket (AGC–

200), Petition Docket No. llll, 800

Independence Avenue, SW.,

Washington, D.C. 20591.

Comments may also be sent

electronically to the following internet

address: 9–NPRM–CMNTS@faa.dot.gov.

The petition, any comments received,

and a copy of any final disposition are

filed in the assigned regulatory docket

and are available for examination in the

Rules Docket (AGC–200), Room 915G,

FAA Headquarters Building (FOB 10A),

800 Independence Avenue, SW.,

Washington, D.C. 20591; telephone

(202) 267–3132.

FOR FURTHER INFORMATION CONTACT:

Heather Thorson (202) 267–7470 or

Angela Anderson (202) 267–9681 Office

of Rulemaking (ARM–1), Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591.

This notice is published pursuant to

paragraphs (c), (e), and (g) of § 11.27 of

Part 11 of the Federal Aviation

Regulations (14 CFR Part 11).