Approval of Noise Compatibility Program; Orlando Executive Airport, Orlando, FL, 42891-42893 [E8-16509]
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Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Notices
would remain a wholly-owned
subsidiary of Phlx following the
NASDAQ OMX Merger and the SCCP
By-Laws relating to the selection,
composition, powers, and duties of the
SCCP board of directors, committees,
and officers would remain unchanged.
Accordingly, the Commission finds that
SCCP’s rules would continue to assure
the fair representation of its
shareholders and participants in the
section of SCCP’s directors and the
administration of SCCP’s affairs as
required by Section 17A(b)(3)(C).
IV. Accelerated Approval
The Commission finds good cause,
pursuant to Section 19(b)(2) of the Act,8
for approving the proposal, as modified
by Amendment No. 1, prior to the
thirtieth day after the date of
publication of notice of filing of
Amendment No. 1 in the Federal
Register.9 In Amendment No. 1, SCCP
proposed to adopt as rules of SCCP the
Certificate of Incorporation and By-Laws
of NASDAQ OMX. The Certificate of
Incorporation, as filed by the SCCP, was
previously approved by the Commission
as rules of the NASDAQ.10 The
NASDAQ OMX By-Laws were similarly
approved by the Commission.11 As filed
by the SCCP, the NASDAQ OMX ByLaws include certain new terminology
to reflect the acquisition of Phlx and
SCCP by NASDAQ OMX. These changes
were filed by NASDAQ Exchange as a
proposed rule change, and were
published for comment.12 The
Commission received no comments on
the proposed changes to the NASDAQ
OMX By-Laws.
As discussed more fully in the
NASDAQ Stock Market Proposal,
certain provisions of NASDAQ OMX’s
Certificate and By-Laws are designed to
facilitate the ability of NASDAQ OMX’s
SRO subsidiaries, including SCCP, to
maintain the independence of each of
the SRO subsidiaries’ self-regulatory
function, enable each SRO subsidiary to
operate in a manner that complies with
the federal securities laws, and facilitate
the ability of each SRO subsidiary and
the Commission to fulfill their
regulatory and oversight obligations
8 15
U.S.C. 78s(b)(2).
to Section 19(b)(2) of the Act, 15
U.S.C. 78s(b)(2), the Commission may not approve
any proposed rule change, or amendment thereto,
prior to the thirtieth day after the date of
publication of the notice thereof, unless the
Commission finds good cause for so doing.
10 See Securities Exchange Act Release No. 51328
(January 13, 2006), 71 FR 3550 (January 23, 2006)
(order approving the application of NASDAQ for
registration as a national securities exchange).
11 See id.
12 See Securities Exchange Act Release No. 57761,
supra note 3.
mstockstill on PROD1PC66 with NOTICES
9 Pursuant
VerDate Aug<31>2005
18:14 Jul 22, 2008
Jkt 214001
under the Act.13 As stated above, the
Commission finds that such provisions
are consistent with the Act.14 Notably,
the NASDAQ OMX Certificate of
Incorporation and By-Laws are rules of
NASDAQ that have been approved
previously by the Commission, as noted
above, and the changes to the NASDAQ
OMX By-Laws were published for
notice and comment, as noted above,
and the Commission did not receive any
comments thereon. Accordingly, the
Commission finds good cause for
approving SCCP’s proposal, as modified
by Amendment No. 1, on an accelerated
basis, pursuant to Section 19(b)(2) of the
Act.
V. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning Amendment No.
1, including whether Amendment No. 1
is consistent with the Act. Comments
may be submitted by any of the
following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–SCCP–2008–01 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–SCCP–2008–01. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
13 In addition to the NASDAQ OMX Merger,
NASDAQ OMX entered into an agreement with the
Boston Stock Exchange (‘‘BSE’’), pursuant to which
NASDAQ OMX would acquire all of the
outstanding membership interests in BSE (‘‘BSE
Acquisition’’). See Securities Exchange Act Release
Nos. 57757 (May 1, 2008), 73 FR 26159 (SR–BSE–
2008–23) (notice of proposed rule change related to
BSE Acquisition) and 57782 (May 6, 2008), 73 FR
27583 (May 13, 2008) (SR–BSECC–2008–01) (notice
of proposal to amend the articles of organization
and by-laws of the Boston Stock Exchange Clearing
Corporation to reflect its proposed acquisition by
NASDAQ OMX).
14 See supra note 7 and accompanying text.
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42891
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of such filing also will be
available for inspection and copying at
the principal office of SCCP. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–SCCP–2008–01 and should
be submitted on or before August 13,
2008.
VI. Conclusion
On the basis of the foregoing, the
Commission finds that the proposed
rule change is consistent with the
requirements of the Act and in
particular Section 17A of the Act and
the rules and regulations thereunder.15
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,16 that the
proposed rule change (SR–SCCP–2008–
01), as modified by Amendment No. 1
thereto, be and hereby is approved on
an accelerated basis.
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.17
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–16824 Filed 7–22–08; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility
Program; Orlando Executive Airport,
Orlando, FL
Federal Aviation
Administration, DOT.
ACTION: Notice.
AGENCY:
SUMMARY: The Federal Aviation
Administration (FAA) announces its
findings on the Noise Compatibility
15 In approving the proposed rule change, the
Commission considered the proposal’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f). See Securities Exchange Act Release
No. 58179, supra note 5.
16 15 U.S.C. 78s(b)(2).
17 17 CFR 200.30–3(a)(12).
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mstockstill on PROD1PC66 with NOTICES
42892
Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Notices
Program submitted by the Greater
Orlando Aviation Authority under the
provisions of 49 U.S.C. (the Aviation
Safety and Noise Abatement Act,
hereinafter referred to as ‘‘the Act’’) 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 December 31, 2007,
the FAA determined that the noise
exposure maps submitted by the Greater
Orlando Aviation Authority under Part
150 were in compliance with applicable
requirements. On June 23, 2008, the
FAA approved the Orlando Executive
Airport noise compatibility program. All
of the recommendations of the program
were approved.
DATES: Effective Date: The effective date
of the FAA’s approval of the Orlando
Executive Airport Noise Compatibility
Program is June 23, 2008.
FOR FURTHER INFORMATION CONTACT: Ms.
Lindy McDowell, Federal Aviation
Administration, Orlando Airports
District Office, 5950 Hazeltine National
Drive, Orlando, Florida 32822, phone
number: 407–812–6331. 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 Orlando
Executive Airport, effective June 23,
2008.
Under Section 47504 of 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 non-compatible land uses and
prevention of additional non-compatible
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
operator with respect to which measure
should be recommended for action. The
FM’s approval or disapproval of FAR
Part 150 program recommendations is
measured according to the standards
expressed in FAR Part 150 and the Act,
and is limited to the following
determinations:
VerDate Aug<31>2005
18:14 Jul 22, 2008
Jkt 214001
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 non-compatible 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 uses,
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.
Greater Orlando Aviation Authority
submitted to the FAA on December 18,
2007, the Noise Exposure Maps,
descriptions, and other documentation
produced during the noise compatibility
planning study conducted from
November, 2003, through December,
2006. The Orlando Executive Airport
Noise Exposure Maps were determined
by FAA to be in compliance with
applicable requirements on December
31, 2007. Notice of this determination
was published in the Federal Register
on December 31, 2007.
The Orlando Executive Airport study
contains a proposed Noise
Compatibility Program comprised of
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
actions designed for phased
implementation by airport management
and adjacent jurisdictions from the year
2007 to the year 2012. It was requested
that FAA evaluate and approve this
material as a Noise Compatibility
Program as described in Section 47504
of the Act. The FM began its review of
the Program on December 31, 2007, and
was required by a provision of the Act
to approve or disapprove the program
within 180 days (other than the use of
new or modified 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 FAA effective June 23,
2008.
Outright approval was granted for all
of the specific program elements.
Mitigation measures approved include:
Operational Measure
1. Modification of the Current
Helicopter Flight Track to and From the
North
Currently the helicopter flight
corridor north of the Airport passes over
residential areas north of Fashion
Square Mall. To avoid these residential
areas, it is recommended that
nonemergency rotorcraft operations to
and from the north fly to Colonial Drive
(SR 50) then west to I–4 and then turn
northbound along the Interstate. All
other rotorcraft tracks are recommended
to remain in effect with no changes.
(NCP, pages 10–2, 13–1; Exhibits D, 11–
1; and Tables 10–1A., 13–1, 13–2)
FAA Action: Approved as voluntary
measure, subject to traffic, weather, and
airspace safety and efficiency.
Land Use Measure
1. Property Acquisition Program
The development of a voluntary
acquisition program that allows noncompatible land uses to be removed
from high noise exposure areas. It is
recommended that residences located
within the 2006 baseline 70 DNL and
greater contour be considered for
voluntary property acquisition through
the use of FAA noise funding. (NCP,
pages 10–3, 12–1, 12–3; Exhibits F, 12–
1; and Tables 13–2)
FAA Action: Approved. Acquisitions
are limited to existing non-compatible
land uses located within the 65 DNL
E:\FR\FM\23JYN1.SGM
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Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Notices
noise contour of the approved NEMs,
and are consistent with FAA’s 1998
remedial mitigation policy (63 FR
16409). The specific identification of
structures recommended for inclusion
in the program and specific definition of
the scope of the program will be
required prior to approval for Federal
funding.
Program Management Measure
1. Additional Noise Monitoring
Equipment
It is recommended that five (5)
additional noise monitors be acquired.
Potential sites that have been identified
for three of the new monitors include
three schools located southwest of OEA
along the Runway 7 extended
centerline. The remaining two new
monitors will be used to replace existing
outdated monitors. It is also
recommended that an Air to Ground
Monitoring Tower be acquired to aid in
communications. This system provides
a scanner which is interfaced into a
digital recording server and processed
via a software application. (NCP, pages
10–3, 10–6, 13–1; Exhibits 10–2; and
Tables 10–1B, 13–1)
FAA Action: Approved. Eligibility for
Federal funding of five noise monitors
and Air to Ground Monitoring Tower
will be determined at the time of
application. Fixed noise monitoring
equipment is ineligible where the Part
150 noise exposure maps (existing and
forecast) show no non-compatible land
uses, For purposes of aviation safety,
this approval does not extend to the use
of monitoring equipment for
enforcement purposes by in-situ
measurement of any preset noise
thresholds and shall not be used for
mandatory enforcement of any
voluntary measure.
mstockstill on PROD1PC66 with NOTICES
2. Pilot Brochure
Develop a ‘‘Pilot Handout’’ to identify
noise abatement procedures associated
with OEA. The handout would be
provided to FBOs, pilots and others
using the facility. The intent of the
handout is to make pilots aware of the
existing and future voluntary noise
mitigation procedures in effect at the
Airport. (NCP, pages 10–3, 13–1; and
Tables 10–10,13–1, 13–2)
FAA Action: Approved. Inserts or
other information must not be construed
as mandatory air traffic procedures.
Prior to release, language in the
brochure should be reviewed for
wording and content by the appropriate
FAA office. The content of the brochure
is subject to specific approval by
appropriate FAA officials outside of the
FAR Part 150 process and is not
VerDate Aug<31>2005
18:14 Jul 22, 2008
Jkt 214001
approved in advance by this
determination.
These determinations are set forth in
detail in a Record of Approval signed by
the FAA on June 23, 2008. 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
Greater Orlando Aviation Authority.
The Record of Approval also will be
available on-line at: https://www.faa.gov/
airports_airtraffic/airports/
environmental/airport_noise/part_150/
states/.
Issued in Orlando, Florida on July 10,
2008.
W. Dean Stringer,
Manager, Orlando Airports District Office.
[FR Doc. E8–16509 Filed 7–22–08; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
America’s Byways Public Awareness
Initiative
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice; Request for Statement of
Interest.
AGENCY:
SUMMARY: The Federal Highway
Administration (FHWA), cooperatively
with the America’s Byways Resource
Center (ABRC) in Duluth, Minnesota,
invites statements of interest about
participating in a domestic, multi-year
America’s Byways Partnership
Marketing Campaign. As part of this
marketing campaign, the ABRC would
like to partner with interested parties to
establish a national Public Awareness
Initiative to elevate the awareness,
understanding, and appreciation of the
America’s Byways collection. This
initiative offers an ideal environment for
national partners with brand profiles
consistent with the National Scenic
Byways Program to spotlight their
products while raising the awareness of
America’s Byways. This notice seeks
Statements of Interest from parties, such
as corporations, associations, nonprofit
organizations, and public authorities,
who are interested in working with
ABRC and FHWA in the Partnership
Marketing Campaign.
DATES: Statements of interest should be
received on or before September 22,
2008. However, statements received
after this date may still be considered
depending on available resources.
ADDRESSES: Mail or hand deliver
statements of interest to the America’s
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
42893
Byways Resource Center, 394 Lake
Avenue South, Suite 600, Duluth, MN
55802, or submit via e-mail to
partnerships@byways.org or fax to (218)
625–3333.
FOR FURTHER INFORMATION CONTACT:
Henry Hanka, (218) 625–3306, Special
Projects Manager, America’s Byways
Resource Center, 394 Lake Avenue
South, Suite 600, Duluth, MN 55802, or
Gary Jensen, (202) 366–2048, Office of
Planning, Environment & Realty, HEP–
2, Federal Highway Administration,
Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 7:30 a.m. to 4:30
p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access: An electronic copy
of this document may be downloaded
by accessing the Office of the Federal
Register’s home page at https://
www.archives.gov and from the
Government Printing Office’s Web page
at https://www.gpoaccess.gov/nara.
Background: The National Scenic
Byways Program was established under
the Intermodal Surface Transportation
Efficiency Act of 1991, and was
reauthorized and amended most
recently in 2005 under the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU). It is codified at
Title 23, United States Code, section
162. Under the program, the Secretary of
Transportation recognizes certain roads
as National Scenic Byways or AllAmerican Roads based on their intrinsic
qualities—archaeological, cultural,
historic, natural, recreational, and
scenic qualities. There are 126 such
designated byways in 44 States which
the FHWA promotes collectively as
America’s Byways. It is a program that
recognizes and supports outstanding
roads while providing resources to help
manage the intrinsic qualities within the
broader byway corridor. The vision of
the FHWA’s National Scenic Byways
Program is to create a distinctive
collection of American roads, their
stories and treasured places. The
program’s mission is to provide
resources to the byway community in
creating a unique travel experience and
enhanced local quality of life through
efforts to preserve, protect, interpret,
and promote the intrinsic qualities of
designated byways.
Partnership Marketing Campaign: In
2005, Congress authorized ABRC to
carry out public awareness activities for
America’s Byways. As a result, the
ABRC developed a Partnership
Marketing Campaign. Under this
Campaign, the ABRC intends to partner
E:\FR\FM\23JYN1.SGM
23JYN1
]]>Agencies
[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Notices]
[Pages 42891-42893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16509]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; Orlando Executive
Airport, Orlando, FL
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the Noise Compatibility
[[Page 42892]]
Program submitted by the Greater Orlando Aviation Authority under the
provisions of 49 U.S.C. (the Aviation Safety and Noise Abatement Act,
hereinafter referred to as ``the Act'') 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
December 31, 2007, the FAA determined that the noise exposure maps
submitted by the Greater Orlando Aviation Authority under Part 150 were
in compliance with applicable requirements. On June 23, 2008, the FAA
approved the Orlando Executive Airport noise compatibility program. All
of the recommendations of the program were approved.
DATES: Effective Date: The effective date of the FAA's approval of the
Orlando Executive Airport Noise Compatibility Program is June 23, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Lindy McDowell, Federal Aviation
Administration, Orlando Airports District Office, 5950 Hazeltine
National Drive, Orlando, Florida 32822, phone number: 407-812-6331.
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 Orlando
Executive Airport, effective June 23, 2008.
Under Section 47504 of 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 non-compatible
land uses and prevention of additional non-compatible 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 operator with respect to which measure should be
recommended for action. The FM's approval or disapproval of FAR Part
150 program recommendations is measured according to the standards
expressed in FAR 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 non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
c. Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, 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.
Greater Orlando Aviation Authority submitted to the FAA on December
18, 2007, the Noise Exposure Maps, descriptions, and other
documentation produced during the noise compatibility planning study
conducted from November, 2003, through December, 2006. The Orlando
Executive Airport Noise Exposure Maps were determined by FAA to be in
compliance with applicable requirements on December 31, 2007. Notice of
this determination was published in the Federal Register on December
31, 2007.
The Orlando Executive Airport study contains a proposed Noise
Compatibility Program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions from
the year 2007 to the year 2012. It was requested that FAA evaluate and
approve this material as a Noise Compatibility Program as described in
Section 47504 of the Act. The FM began its review of the Program on
December 31, 2007, and was required by a provision of the Act to
approve or disapprove the program within 180 days (other than the use
of new or modified 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 FAA effective June 23, 2008.
Outright approval was granted for all of the specific program
elements. Mitigation measures approved include:
Operational Measure
1. Modification of the Current Helicopter Flight Track to and From the
North
Currently the helicopter flight corridor north of the Airport
passes over residential areas north of Fashion Square Mall. To avoid
these residential areas, it is recommended that nonemergency rotorcraft
operations to and from the north fly to Colonial Drive (SR 50) then
west to I-4 and then turn northbound along the Interstate. All other
rotorcraft tracks are recommended to remain in effect with no changes.
(NCP, pages 10-2, 13-1; Exhibits D, 11-1; and Tables 10-1A., 13-1, 13-
2)
FAA Action: Approved as voluntary measure, subject to traffic,
weather, and airspace safety and efficiency.
Land Use Measure
1. Property Acquisition Program
The development of a voluntary acquisition program that allows non-
compatible land uses to be removed from high noise exposure areas. It
is recommended that residences located within the 2006 baseline 70 DNL
and greater contour be considered for voluntary property acquisition
through the use of FAA noise funding. (NCP, pages 10-3, 12-1, 12-3;
Exhibits F, 12-1; and Tables 13-2)
FAA Action: Approved. Acquisitions are limited to existing non-
compatible land uses located within the 65 DNL
[[Page 42893]]
noise contour of the approved NEMs, and are consistent with FAA's 1998
remedial mitigation policy (63 FR 16409). The specific identification
of structures recommended for inclusion in the program and specific
definition of the scope of the program will be required prior to
approval for Federal funding.
Program Management Measure
1. Additional Noise Monitoring Equipment
It is recommended that five (5) additional noise monitors be
acquired. Potential sites that have been identified for three of the
new monitors include three schools located southwest of OEA along the
Runway 7 extended centerline. The remaining two new monitors will be
used to replace existing outdated monitors. It is also recommended that
an Air to Ground Monitoring Tower be acquired to aid in communications.
This system provides a scanner which is interfaced into a digital
recording server and processed via a software application. (NCP, pages
10-3, 10-6, 13-1; Exhibits 10-2; and Tables 10-1B, 13-1)
FAA Action: Approved. Eligibility for Federal funding of five noise
monitors and Air to Ground Monitoring Tower will be determined at the
time of application. Fixed noise monitoring equipment is ineligible
where the Part 150 noise exposure maps (existing and forecast) show no
non-compatible land uses, For purposes of aviation safety, this
approval does not extend to the use of monitoring equipment for
enforcement purposes by in-situ measurement of any preset noise
thresholds and shall not be used for mandatory enforcement of any
voluntary measure.
2. Pilot Brochure
Develop a ``Pilot Handout'' to identify noise abatement procedures
associated with OEA. The handout would be provided to FBOs, pilots and
others using the facility. The intent of the handout is to make pilots
aware of the existing and future voluntary noise mitigation procedures
in effect at the Airport. (NCP, pages 10-3, 13-1; and Tables 10-10,13-
1, 13-2)
FAA Action: Approved. Inserts or other information must not be
construed as mandatory air traffic procedures. Prior to release,
language in the brochure should be reviewed for wording and content by
the appropriate FAA office. The content of the brochure is subject to
specific approval by appropriate FAA officials outside of the FAR Part
150 process and is not approved in advance by this determination.
These determinations are set forth in detail in a Record of
Approval signed by the FAA on June 23, 2008. 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 Greater Orlando Aviation Authority.
The Record of Approval also will be available on-line at: https://
www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/
part_150/states/.
Issued in Orlando, Florida on July 10, 2008.
W. Dean Stringer,
Manager, Orlando Airports District Office.
[FR Doc. E8-16509 Filed 7-22-08; 8:45 am]
BILLING CODE 4910-13-M
