[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-19789] [[Page Unknown]] [Federal Register: August 12, 1994] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Approval of Noise Compatibility Program; Kissimmee Municipal Airport, Kissimmee, 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 City of Kissimmee 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 January 11, 1994, the FAA determined that the noise exposure maps submitted by the City of Kissimmee under Part 150 were in compliance with applicable requirements. On July 8, 1994, the Administrator approved the Kissimmee Municipal Airport noise compatibility program. Most of the recommendations of the program were approved. EFFECTIVE DATE: The effective date of the FAA's approval of the Kissimmee Municipal Airport noise compatibility program is July 8, 1994. FOR FURTHER INFORMATION CONTACT: Tommy J. Pickering, P.E., Federal Aviation Administration, Orlando Airports District Office, 9677 Tradeport Drive, suite 130, Orlando, Florida 32827-3596, (407) 648-6583. 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 Kissimmee Municipal Airport, effective July 8, 1994. Under section 104(a) of the Aviation Safety and Noise Abatement Act (ASNA) 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 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 nose 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 City of Kissimmee submitted to the FAA on December 2, 1993, the noise exposure maps, descriptions, and other documentation produced during the noise compatibility planning study conducted from July 1, 1991, through November 29, 1993. The Kissimmee Municipal Airport noise exposure maps were determined by FAA to be in compliance with applicable requirements on January 11, 1994. Notice of this determination was published in the Federal Register on January 28, 1994. The Kissimmee Municipal 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 1998. 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 January 11, 1994, 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 nineteen (19) 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 July 8, 1994. Outright approval was granted for seventeen (17) of the specific program elements. One (1) proposed action element was approved in part and one (1) proposed action element was disapproved for purposes of Part 150 pending submission of sufficient information to make an informed analysis under Part 150 criteria. The approval action was for the following program elements: ------------------------------------------------------------------------ Measure Description NCP pages ------------------------------------------------------------------------ Operational Measures OC1....... The airport director will work Pgs. 5-10 and 6-1, and with the airship (blimp) Table 6-1. operators to develop takeoff/ landing flight track procedures to avoid adjacent noise sensitive areas during periods of heavy airship traffic at the airport. The procedures will develop flight plans for each airship operator to use a takeoff and landing direction toward the middle of the airport where Runways 15-33 and 6-24 intersect and will consider current overall demand and weather conditions at the airport. FAA Action: Disapproved for purposes of Part 150 pending the submission of sufficient information to make an informed analysis under Part 150 criteria. The NCP includes no information on the noise impacts of the blimps or on noise benefits of the proposed measure. The airport may either submit sufficient information for a Part 150 approval or may implement the proposed procedures for operational reasons provided that the procedures meet established guidelines under FAR Part 91. OC2....... All turbojet and turboprop Pgs. 5-9, 5-10, and 6-2; aircraft operators will be Table 6-1; and Appendices requested to use the NBAA G and I. arrival and close-in departure procedures. The operators of turbojet-powered aircraft which have a maximum certificated takeoff weight over 75,000 pounds will be requested to use the FAR Part 91.87 standard noise abatement departure profiles. FAA Action: Approved in part. The use of the NBAA procedures for turbojet and turboprop aircraft less than 75,000 pounds Gross Takeoff Weight is approved as a voluntary measure. Subsequent to the preparation of this NCP, FAR Part 91 was recodified and Advisory Circular 91-53A outlining Noise abatement procedures for large aircraft was issued. Since there has been a change in guidance not contemplated by the NCP, the measure suggesting use of specific departure procedures for large aircraft is disapproved pending receipt of additional information specifying the procedure to be used and describing its noise benefits. OC3....... Voluntary preferential flight Pgs. 5-11, 5-12, 6-2, and track procedures are proposed 6-3; Exhibit 5-8, and for implementation at the Table 6-1. airport as follows: Turbo-jet and turbo-prop aircraft departing Runway 15 will be requested to maintain runway heading as long as possible while climbing and to initiate a turn to any heading only after reaching an altitude of 1,300 feet MSL or reaching a point along the extended centerline past the intersection of Route 17-92 and just before the west shoreline of Lake Tohopekaliga (which is further defined as the intersection of the extended runway centerline and the 175 deg. radial from the Orlando VOR). VFR traffic remaining in the airport's standard traffic patterns should maintain runway heading upon departure until reaching an altitude of 700 feet AGL. IFR traffic taking off from Runway 33 will fly the extended runway centerline until reaching an altitude of 500 feet AGL. At that time the aircraft may be turned to an on- course or a typical westerly heading depending upon local traffic conditions and the aircraft's destination. Typically aircraft departing Runway 33 will not go north or east because of conflicts with MCO. These measures will be subject to traffic at the airport, local traffic at Kissimmee, and current weather conditions. FAA Air Traffic will approve and control use of such procedures, and the City of Kissimmee will publicize the measures to pilots. FAA Action: Approved as a voluntary measure. Land Use Measures PC1....... The City of Kissimmee and Pgs. 5-33, 5-34, and 6-3; Osceola County both have and Table 6-2. Comprehensive Plans that address land use compatibility in the vicinity of the airport to some extent. It is recommended that the Comprehensive Plans be revised to incorporate the Noise Exposure Maps developed in this Part 150 Noise Study. This will be effective in reducing non- compatible development in vacant areas impacted by the future DNL 65 dB noise exposure contour. FAA Action: Approved. This measure will be effective in preventing the introduction of new non-compatible development. PC2....... The City of Kissimmee has an Pgs. 5-34 to 5-36, and 6- ordinance which establishes 3; Tables 4-4 and 6-2; noise zones for Runway 15-33 and Appendix C. based on aircraft noise levels. This ordinance establishes land use restrictions and sound level requirements for construction which are related to the noise zones. It is recommended that the noise zone descriptions in the ordinance be changed to conform with the NEM. This will ensure that the areas of applicability for airport related noise control measures are correctly defined. FAA Action: Approved. PC3....... Osceola County does not Pgs. 5-34 to 5-36, and 6- currently have an airport noise 4; and Tables 4-4 and 6- zoning ordinance. It is 2. recommended that Osceola County develop overlay zoning to supplement the existing land zoning. This would prevent non- compatible development of vacant areas in Osceola County within the noise contours. FAA Action: Approved. PC4....... The City of Kissimmee Noise Pgs. 5-36, 5-37, and 6-4; Ordinance has a real estate Table 6-2; and Appendices sales disclosure provision C and D. which requires that a notification of potential noise impacts be given to prospective purchasers of residential property located in noise Zones B (DNL 70 to 75) and C (DNL 65 to 70). No residential development is allowed in noise Zone A (DNL 75 and above). A listing of property requiring notification is maintained and updated yearly. This ordinance requires that a disclosure statement be completed for the sale of all residential property located in a noise Zone which is filed with the property deed. This measure recommends that the current noise disclosure statement be revised to include an additional clause and that the disclosure statement be made available to all title companies and real estate agents in the Kissimmee area. The measure also recommends that the exact location of affected properties be coordinated with the Osceola County Property Appraiser's office and that the Osceola County regulations be modified to add a real estate sales disclosure provision to a County noise ordinance. This measure will provide notification of the possibility of aircraft flyovers and airport generated noise to prospective purchasers of residential property within the DNL 65 noise contour. FAA Action: Approved. The FAA strongly discourages additional residential development in areas with noise exposure levels greater than DNL 65dB. PC5....... It is recommended that the Noise Pgs. 5-37 and 6-4; Exhibit Exposure Maps (NEM) and other 4-5; Tables 4-4 and 6-2; criteria that were developed in and Appendix C. this Part 150 Noise Study be adopted into the Kissimmee City Code. It is also recommended that Osceola County develop a County noise ordinance compatible with the City's ordinance. This will provide the City and County with the latest NEM documentation for determining compatible land uses within the noise zones and criteria for sound level reduction requirements for structures. FAA Action: Approved. The FAA strongly discourages the development of additional noise sensitive uses within the DNL 65dB contour rather than allowing such uses if sound attenuated. This is, however, a matter within the jurisdiction of the City and County and if such development is deemed necessary by those bodies, the houses should be sound attenuated during construction. PC6....... It is recommended that City and Pgs. 5-37 and 6-4; and County subdivision regulations Table 10. be modified to help ensure that adequate disclosure of airport generated noise is provided where needed. FAA Action: Approved. PC7....... It is recommended that an Pgs. 5-38 and 6-4; and interlocal agreement between Table 6-2. the City of Kissimmee and Osceola County providing that a formal site plan review for development within the DNL 65 noise contour be established. This will provide the City and Airport with an opportunity to review and respond to the potential compatibility of proposed development in the County with the operation and future plans of the airport. FAA Action: Approved. PC8....... It is recommended that the City Pgs. 5-38, 5-39, 6-4, and of Kissimmee and Osceola County 6-5; Table 6-2; and adopt acoustical treatment Appendix C. standards for new structures within noise Zones of DNL 65 exposure and above, and that these standards be included in their local comprehensive plans, local development codes, and noise ordinances. This will be effective in reducing interior noise levels for all new construction within the noise zones where land uses could not be re-zoned to more compatible uses. FAA Action: Approved. The FAA strongly discourages the development of additional noise sensitive uses within the DNL 65dB contour rather than allowing such uses if sound attenuated. This is, however, a matter within the jurisdiction of the City and County and if such development is deemed necessary by those bodies, the houses should be sound attenuated during construction. PC9....... Subject to available funding, Pgs. 5-38, 5-39, 6-4, and the City of Kissimmee, with the 6-5; and Table 6-2. owner's consent, will purchase vacant property located within the DNL 65, 70, or 75 noise contours that is expected to be developed for non-compatible use. Purchase will be considered only if other measures such as the purchase of development rights or other less costly methods will not be effective in a particular case. Acquired noise property will either be retained for aviation use as needed or resold for a compatible use. FAA Action: Approved, subject to an evaluation at the time of implementation that the property is within the DNL 65 contour, and to a determination that the property either has been zoned incompatibly or is in imminent danger of being developed incompatibly unless it is acquired by the airport operator. PC10...... Subject to available funding, Pgs. 5-37 and 6-9; and the City of Kissimmee will Table 6-2. purchase the development rights of vacant property within the DNL 65, 70, or 75 noise contours which cannot be purchased outright. This will compensate property owners for limiting proposed development to compatible uses. FAA Action: Approved. PC11...... The City of Kissimmee will Pgs. 5-39 and 6-5; and establish a noise committee Table 6-2. with City and County residents to monitor noise complaints and provide a channel of communication between the public and the airport. FAA Action: Approved. PC12...... It is recommended that the City Pgs. 5-39, 5-40, and 6-5; of Kissimmee and Osceola County Table 6-2; and Appendix incorporate or reference R. Florida Statute 333, Airport Zoning Law of 1945, in their respective comprehensive plans and land development codes. The power to adopt airport zoning regulations is included in section 333.03. FAA Action: Approved. RC1....... It is recommended that the City Pgs. 5-40 and 6-6; Exhibit of Kissimmee, subject to 5-5; and Table 6-3. available funding and with the owner's consent, purchase existing non-compatible residential property. Acquired noise property will either be retained for aviation use as needed or resold for a compatible use. Net income from the resale of property acquired with AIP noise funds would be returned to the AIP fund or used to purchase other eligible noise impacted lands. FAA Action: Approved. RC2....... It is recommended that a Pgs. 5-41 and 6-6; Exhibit redevelopment program be 5-5; and Table 6-3. established where the city of Kissimmee would acquire existing non-compatible properties located within the DNL 65 noise contour. Structures would be demolished or remodeled for a compatible use, and the acquired land would either remain the property of the City or be resold with avigation easements attached to ensure long-term compatibility. The cost of demolition or removal of structures would be deducted from the income derived from resale of the property. Net income from the resale of property acquired with AIP noise funds would be returned to the AIP fund or used to purchase other eligible noise impacted lands. FAA Action: Approved. This approval does not constitute any determination with respect to AIP eligibility. Parts of this redevelopment program may be ineligible for Federal funding, as the airport operator recognizes in the NCP. RC3....... It is recommended that the City Pgs. 5-42 and 6-6; Exhibit of Kissimmee or Osceola County, 5-5; and Table 6-3. with consent of the owners, purchase avigation easements to be held by the City for property located within the DNL 65, 70, or 75 noise contours if the land acquisition and redevelopment programs are not possible. The easement may be acquired in exchange for acoustical treatment of an existing structure. FAA Action: Approved. RC4....... It is recommended that, subject Pgs. 5-41, 5-42 and 6-6; to available funding, the City Exhibit 5-5; Table 6-3; of Kissimmee establish an and Appendix C. acoustical treatment program to consider all eligible existing non-compatible buildings located within the DNL 65 noise contour where acquisition and conversion to compatible use cannot be accomplished. Eligibility will be determined by interior noise monitoring to determine if the need for acoustical treatment exists under the City's Noise Ordinance. Acoustical treatment would be performed on a priority basis with schools first, single family homes second, and multi-family homes and apartment complexes third. A structure within the DNL 70 noise contour would be treated before a structure within the DNL 65 but outside the DNL 70 noise contour. It is recommended that specific consideration be given to Pleasant Hill Elementary School and Osceola High School. FAA Action: Approved. Further specific consideration of acoustical treatment for Pleasant Hill Elementary school and Osceola High School should include consideration of the location of the DNL 65 dB contour and revised noise zones. AIP funding may not be available to fund projects located in areas outside the DNL 65 dB contour. ------------------------------------------------------------------------ These determinations are set forth in detail in a Record of Approval endorsed by the Administrator on July 8, 1994. 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 offices of the City of Kissimmee. Issued in Orlando, Florida on July 25, 1994. Charles E. Blair, Manager, Orlando Airports District Office. [FR Doc. 94-19789 Filed 8-11-94; 8:45 am] BILLING CODE 4910-13-M