[Federal Register Volume 60, Number 110 (Thursday, June 8, 1995)]
[Notices]
[Pages 30328-30333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13941]
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[[Page 30329]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; Palm Beach International
Airport, West Palm Beach, Florida
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by Palm Beach
County 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
February 1, 1993, the FAA determined that the noise exposure maps
submitted by Palm Beach County under Part 150 were in compliance with
applicable requirements. On November 18, 1994, the FAA determined that
the revised future noise exposure map was in compliance with applicable
requirements. On may 17, 1995, the Administrator approved the Palm
Beach International Airport noise compatibility program. Twenty-four
(24) recommendations of the program were approved and one (1)
recommendation was partially approved.
EFFECTIVE DATE: The effective date of the FAA's approval of the Palm
Beach International Airport noise compatibility program is May 17,
1995.
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 the Palm
Beach International Airport, effective May 17, 1995.
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 of 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.
Palm Beach County submitted to the FAA on January 29, 1993, the
noise exposure maps, descriptions, and other documentation produced
during the noise compatibility planning study conducted from March 21,
1991, through October 4, 1994. The Palm Beach International Airport
noise exposure maps were determined by FAA to be in compliance with
applicable requirements on February 1, 1993. A revised future noise
exposure map was submitted to the FAA on October 6, 1994. The revised
future noise exposure map was determined by FAA to be in compliance
with applicable requirements on November 18, 1994. Notice of these
determinations was published in the Federal Register.
The Palm Beach 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 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 November 19, 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 approval of such program.
The submitted program contained twenty-five (25) 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 May 17, 1995.
Outright approval was granted for twenty-four (24) of the specific
program elements. One (1) program element for local environmental
review was partially approved. Measures pertaining to FAR Part 77
height criteria associated with Part 77 height/hazard zoning was
disapproved. The approval action was for the following program
elements:
[[Page 30330]]
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Measure and description NCP pages
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Operational Elements:
1. Noise Abatement Flight NCP, pages 31-34, Tables 2.2 (page 15)
Paths for Turbojet and 3.2 (page 61); PBIA Noise Abatement
Aircraft. Runways 27R, 13 Bulletin.
and 31: Eliminate multiple
noise abatement flight
paths from these runways.
All departing aircraft
shall be assigned runway
heading or corresponding
wind correlated heading,
regardless of Part 36
Stage. Runway 9L: Continue
the use of multiple
departure flight paths but
eliminate the north turn
departure track (075
heading) at the point in
time at which the
elimination of the
northern track would not
increase the cumulative
noise level at any
residential noise-
sensitive area within the
65 dB DNL contour by 1.5
dB or greater. After the
north departure path is
eliminated, all aircraft
shall be assigned runway
heading, or corresponding
wind corrected heading
regardless of Part 36
Stage. The flight track
improvements reduce the
population within the [DNL
65 dB] noise contours by
approximately 13%, from
9,889 to 8,636. FAA
Action: Approved as a
voluntary measure, wind
weather and traffic
permitting. The airport
operator intends to
prepare annual DNL
contours (Measure 17,
below), which will assist
in carrying out the
recommendations for Runway
9L. In response to the
FAA's notice about the
PBIA Part 150 NCP, the FAA
received 59 comments, 54
of which were from
residents of communities
east of the airport
(Runway 9 end) and
supported continuation of
multiple flight tracks.
The NCP and a February 15,
1995, letter from the
airport sponsor indicate
that the Part 150
Technical Advisory
Committee (TAC) carefully
considered the alternative
of continued use of
multiple flight tracks.
The TAC included, among
others, voting
representatives from the
Town of Haverhill, the
City of West Palm Beach,
the Town of Palm Beach,
the Citizens Committee on
Aircraft Noise, the Old El
Cid Noise Reduction
Committee, and counsel for
the residents who sued the
airport in 1989. The
alternative selected was
considered a compromise
because only some
neighborhoods to the east
supported continuation or
increase of fanning, while
the City of West Palm
Beach Commission, by
Resolution, and the
majority within West Palm
Beach supported total
elimination of fanning.
The majority of the
population within the five-
year DNL 65 dB contour
reside in West Palm Beach.
2. Preferential Runway NCP, pages 35-36, Tables 2.2 and 3.1;
Use Program. Corporate PBIA Noise Abatement Bulletin; Appendix
jet departures will be Volume, Table 1, TAC Meeting #9, page 4.
assigned Runway 31 when
in the west flow. During
the hours of 10 p.m. to
10 a.m. (off peak),
Runway 27R will be the
preferred runway, when
safety and weather
permit; it also will be
the preferred calm wind
runway during this
period. During the hours
of 10 a.m. to 10 p.m.
(peak traffic period),
runway 9L will be the
preferred and designated
calm wind runway. FAA
Action: Approved as a
voluntary measure.
3. Noise Abatement NCP, pages 36-38, and Tables 2.2 and 3.1;
Departure Procedures. PBIA Noise Abatement Bulletin, FAA
The Department of Advisory Circular 91-53A, and letters
Airports (DOA) is in the dated 1/12/95 and 3/14/95 from PBIA.
process of analyzing the
two Noise Abatement
Departure Procedures
(NADP) alternatives from
the revised AC 91-53A.
Based on the results of
that analysis, the DOA
will work with the
Citizen's Committee on
Aircraft Noise (CCAN) to
select a procedure (or
procedures, if the FAA
permits) for
implementation at the
airport. The DOA will
provide test results and
final recommendations to
the FAA at the earliest
possible date, including
an evaluation of any
effect on the Noise
Exposure Maps (NEM). FAA
Action: Approved as a
voluntary measure.
Analysis of NADP
alternatives for air
carriers greater than
75,000 pounds (mgtw) is
approved FOR STUDY ONLY.
The airport operator may
submit supplemental
information, including
the noise benefits, upon
completion of its study
and may request approval
under Part 150 of
specific departure
procedure(s) to be used
for large aircraft.
4. Maintenance Runup NCP, pages 38-39, Figures 2.4, and Tables
Procedures. No 2.2 and 3.1; PBIA Noise Abatement
procedural changes are Bulletin; Appendix Volume, Section 1 of
necessary for Appendix A.2, Section 2.7 of Appendix
maintenance runups I.2.
except that a revised
runup request form
should be implemented
for better record-
keeping. FAA Action:
Approved.
Land Use Elements: A
combination of strategies in
areas within the five year
forecast 65 dB LDN contours
and neighboring ``buffer
zones'' for implementation
were identified as being the
most appropriate for
inclusion in the revised
NCP.
5. Sound Insulation. The NCP, pages 41 and 42, Tables 2.2 and 3.1;
ongoing program proposed and Appendix J.2.
for the revised NCP will
have three main phases:
Development of sound
insulation program;
validation of the sound
insulation; and
procedures for program
implementation.
Modifications may be
made based on the
technical assistance of
the demonstration
program. Any
modifications will be
based on DOT/FAA/PP-92-5
``Guidelines for the
Sound Insulation of
Residences Exposed to
Aircraft Operations.''
After the DOA assesses
the success of the
demonstration program
and the potential for
the development of a
large-scale sound
insulation program,
prospective participates
will be notified. The
DOA will follow FAA
guidelines by
encouraging and possibly
requiring participating
homeowners to grant an
aviation easement in
exchange for sound
insulation
modifications. The DOA
will enter into a
Homeowner Participation
Agreement with
interested residents and
implement the program as
funding becomes
available. Four non-
residential noise
sensitive sites within
the revised 5-year NEM
will also be offered the
opportunity to
participate. The same
guidelines will apply to
these non-residential
sites. FAA Action:
Approved.
6. Easement Acquisition. NCP, page 42, Figure 2.5, and Tables 2.2
The previous Noise and 3.1.
Abatement and Mitigation
Study (NAMS) recommended
the use of avigation
easements as a remedial
land use strategy. The
DOA has, on an on-going
basis, acquired
avigation easements.
However, the easement
acquisitions have not
been part of a formal
program. As a
recommended measure of
the revised NCP, the
easement acquisition
program will be
implemented on a formal
basis. Similar to the
sound insulation
program, the DOA will
enter into an easement
acquisition agreement
and implement the
program as funding
becomes available. FAA
Action: Approved.
[[Page 30331]]
7. Transaction NCP, page 42, Figure 2.6, and Tables 2.2
Assistance. Transaction and 3.1.
assistance was
recommended in the
previous NCP; however,
this measure was never
implemented. The measure
relates to assurances by
the DOA that a
homeowner, within the
noise exposure area,
will receive assistance
in the sale of affected
structures. In exchange,
the homeowner would
grant to the DOA an
avigation easement. The
form of the assistance
will be agreed to by the
homeowner and the DOA
and will be determined
for specific structures
on an individual basis.
Homeowners'
participation is
voluntary. The DOA will
publicize this program
and contact homeowners
who may be eligible for
participation. FAA
Action: Approved. This
measure is subject to an
evaluation at the time
of implementation with
respect to Airport
Improvement Program
(AIP) eligibility
because some elements of
the proposed transaction
assistance program may
be ineligible for
Federal funding.
8. Land Acquisition and NCP, pages 45-46, and Tables 2.2 and 3.1.
Relocation. The three
previously described
remedial land use
measures (sound
insulation, easement
acquisition, and
transaction assistance)
are the primary remedial
measures. If an
individual or group of
property/home owner(s)
and the DOA determine
that the implementation
of any of the previous
remedial measures are
inadequate, then land
acquisition and
relocation will be
considered. The DOA will
follow all FAA noise
land grant provisions
for the purchase and
disposal of property
purchased under this
program. FAA Action:
Approved.
9. Comprehensive NCP, page 47, and Tables 2.2 and 3.1.
Planning: Local
comprehensive plans
presently reflect other
impacts. Aircraft noise
should also be
considered. It is
recommended that local
governments be strongly
encouraged to amend
their plans through plan
amendments. In order to
implement this measure
successfully, the DOA
will coordinate with
each jurisdiction as to
the timing and content
of plan amendments. FAA
Action: Approved.
10. Zoning. The previous NCP, page 47, Appendix J.2, and Tables
noise study recommended 2.2 and 3.1.
zoning be addressed
through the land
development regulations.
Draft text amendments
have been developed
which address the
conversion of
incompatibility zoned
land to compatibly
zoned. The DOA is
working with the Palm
Beach County Planning,
Building, and Zoning
Departments on
strengthening the
ordinance. It is a
recommendation that the
ordinance include:
specific reference to
the NEMs and the
affected areas
(including references to
the current annual maps
within the body of the
ordinance), a change in
the use regulation table
to include a noise/land
use compatibility
determination, specific
prohibition on zoning
approval for noise
sensitive sites within
the designated noise
affected areas. FAA
Action: Approved.
11. Local Environmental NCP, pages 48 and Tables 2.2 and 3.1.
Review. A formal local
environmental review
program should be
established, with
thresholds or mechanisms
to trigger a local
environmental review of
proposed development if
it lies within the
environs surrounding
PBIA. The following
measures are
recommended: designation
of a governmental/
airport liaison staff
position to address,
among other issues,
airport/community
development issues;
environmental review of
new development shall
include zoning review,
building structure and
content, height review
using FAR Part 77
criteria and local land
use regulations, noise/
land use compatibility
based on FAR Part 150
guidelines and, when
approved, the Palm Beach
County airport land use
compatibility zoning
ordinance; and formal
coordination meetings
between the liaison and
other local government
staff be held on a
monthly basis. FAA
Action: Approved except
for measures pertaining
to FAR Part 77 height
criteria, which is
disapproved for purposes
of Part 150. Part 77
height/hazard zoning is
not a noise mitigation
measure and is not
approvable under Part
150. The airport
operator is encouraged
to incorporate Part 77
into its overall
environmental review
process.
12. Real Estate NCP, pages 48-49 and Tables 2.2 and 3.1.
Disclosure. This measure
involves disclosure to a
potential property/
homeowner of a
property's location
relative to noise
exposure contours of
PBIA. A real estate
disclosure program
addressing the following
is recommended: Make the
revised NEMs and NCP
matters of public
record; update the
public record of the
NEMs and NCP annually;
provide all officially
listed realtors in Palm
Beach County with
information detailing
noise contours every six
months; and include a
noise notice in the
public record and real
estate information.
Guidelines of the
Florida DOT and Real
Estate Code, agents are
obligated to inform
prospective buyers of
any known or potential
issues of which they are
aware. The burden of
notification is shifted
from the DOA to the real
estate agents. FAA
Action: Approved.
13. Building Code NCP, page 49, Tables 2.2 and 3.1,
Revision. This measure Appendix J.2.
references the revision
of the local building
codes (Southern
Standard) to require
that proper noise
insulating materials are
used in new construction
or re-development. This
measure was recommended
in the original NCP and
is included as a
recommendation of the
Revised NCP. The April
1987 PBIA Noise
Abatement and Mitigation
Study (NAMS) provided
detailed information on
how the codes should be
revised, in section 5 of
the document. The
information contained in
that report is still
valid and is reprinted
in Appendix J.2. DOT/FAA
document PP-92-5,
``Guidelines for the
Sound Insulation of
Residences Exposed to
Aircraft Operations''
will be made available
at all local government
building departments.
FAA Action: Approved.
14. Easement Acquisition-- NCP, page 49, Figure 2.5, and Tables 2.2
Undeveloped Land. This and 3.1.
measure involves
acquisition of avigation
easements for
undeveloped parcels
within and in close
proximity to the DNL 65
and DNL 70 noise
contours as added
protection from
noncompatible future
development. The DOA,
through local government/
airport liaison, will
identify all undeveloped
parcels. Based on the
level of success of the
other preventive
measures, for those
parcels that may still
be zoned to allow
incompatible
development, the DOA
will contact the
property owners
regarding the
acquisition of an
avigation easement from
the undeveloped parcel's
property rights. FAA
Action: Approved. The
airport operator intends
to purchase an easement
to prevent noncompatible
development.
[[Page 30332]]
15. Land Acquisition-- NCP, page 49, Tables 2.2 and 3.1.
Undeveloped Land. In
some instances, none of
the recommended
preventive land use
strategies would prevent
an undeveloped parcel
from being developed
incompatibly. In those
instances, the DOA may
consider acquiring the
property. The use of the
local environmental
review measure [Measure
11 in this Record of
Approval] will provide
notification to the DOA
of such instances. The
implementation process
will follow the same
procedures as those for
developed land [Measure
8 in this ROA]. FAA
Action: Approved. This
measure is subject to an
evaluation at the time
of implementation that
the property is within
the DNL 65 dB contour,
and to a determination
that the undeveloped
property either has been
zoned incompatibly or is
in imminent danger of
being developed
incompatibly unless it
is acquired by the
airport operator.
Implementation, Monitoring,
and Review Actions:
16. Noise and Operations NCP, page 50 and Tables 2.2 and 3.1.
Monitoring System. The
DOA will acquire and
install a noise and
operations monitoring
system to support
implementation,
monitoring, and review
of other NCP elements.
The major components of
the system will be
flight track monitoring,
aircraft performance
monitoring, noise
monitoring, user
interface & database
management,
meteorological
monitoring, audio &
tower radio monitoring &
recording capabilities,
and aircraft & flight
identification
components. FAA Action:
Approved.
17. Prepare Annual Ldn NCP, page 50 and Tables 2.2 and 3.1.
Contours. The DOA Noise
Office will continue to
develop annual Ldn
contours to meet a PBIA
commitment to an ongoing
annual review of the
noise contours. FAA
Action: Approved..
18. Annual Review of NCP, page 51 and Tables 2.2 and 3.1.
Magnetic Headings. It is
recommended that the FAA
Air Traffic Control
Tower, with DOA
assistance, review the
magnetic headings
annually and revise the
departure instructions
to pilots to reflect
changes in the magnetic
heading of the airport's
runways. FAA Action:
Approved.
19. NEM/NCP Review, At a NCP, page 51 and Tables 2.2 and 3.1.
minimum, the NCP should
call for updating the
NEM at the end of the
five year forecast
period. If traffic
levels either exceed the
forecast levels by 15%
or drop below the
current level by 15% the
DOA should review the
NEM. In addition, should
the annual contours show
a significant difference
between the annual
contours and the
approved NEM contours,
the DOA should consider
more in-depth noise
analysis and potential
revision of the NCP and
NEM. A significant
change is defined as an
area of non-compatible
land use within the 65
dB LDN contour where the
annual contour exceeds
the relevant NEM contour
set by 1.5 decibels or
greater. When PBIA has a
100 percent Stage 3
airline fleet, it would
be appropriate to review
the NEM and NCP. FAA
Action: Approved.
20. Runway 27R ILS. The NCP, page 51 and Tables 2.2 and 3.1.
DOA is moving ahead with
plans to install an
Instrument Landing
System (ILS) on Runway
27R. This ILS will
greatly improve adherece
to the preferred arrival
track for that runway.
This measure was a
recommended action of
the previous NCP. FAA
Action: Approved.
21. Program Publicity: NCP, page 51, Figure 2.8, and Tables 2.2
Pilot Handout. Figure and 3.1; PBIA Noise Abatement Bulletin;
2.8 presents a draft March 14, 1995, letter from PBIA.
recommended pilot
handout. The pilot
handout would provide
information on various
noise abatement
policies, including:
detailed description of
noise abatement flight
paths; requested use of
FAA AC 91-53 procedures
and Teteboro noise
abatement departure
procedures; preferential
runway use program; and
ground runup procedures.
The DOA will distribute
the bulletin. Copies
also would be posted.
The ``Teterboro
procedure'' is similar
to National Business
Aircraft Association's
(NBAA) departure
procedures for aircraft
weighing less than
75,000 pounds. The
airport operator has
stated that: (1) this is
an existing NADP that is
recommended as a first
preference for those
pilots who are familiar
with the procedure and
(2) the NBAA procedure
is recommended for other
pilots (page 38 of the
NCP) and (3) pilots
groups have reviewed the
procedures (Air Line
Pilots Association,
Aircraft Owners and
Pilots Association, and
NBAA) (March 14, 1995,
letter from PBIA). FAA
Action: Approved. The
most current version of
the above-referenced FAA
AC is 91-53A and should
be appropriately
referenced. The pilot
handout should reflect
the voluntary nature of
the flight procedures,
as indicated under the
appropriate sections in
this ROA (Measures 1, 2,
and 3).
22. Revise FAA Tower NCP, page 54, Figure 2.9, and Tables 2.2
Order. Changes to the and 3.1.
preferential runway use
and multiple noise
abatement departure
flight track assignment
elements in the PBIA
Noise Compatibility
Program will necessitate
changes to FAA Order
8400.9. FAA Action:
Approved. These
procedures have been
approved as voluntary
measures in this ROA
(Measures 2 and 3). The
FAA by formal order
under 49 USC 40103 would
implement these
measures, which would
also be subject to
applicable environmental
requirements prior to
implementation.
23. Program Publicity: NCP, page 54 and Tables 2.2 and 3.1.
National Publications.
There are a number of
nationally recognized
publications that
provide pilots with
information on airport
operating procedures.
The DOA will request
that these publications
include appropriate
summaries of the PBIA
noise abatement
procedures. FAA Action:
Approved.
24. Public Participation: NCP, page 54 and Tables 2.2 and 3.1.
Ongoing Citizens
Meetings. The DOA will
continue to meet on a
routine basis with the
CCAN or a similar group
to continue promotion of
public participation and
to review ongoing noise
abatement measures and
the implementation of
the recommendations of
this study. FAA Action:
Approved.
25. Program Publicity: NCP, page 54 and Tables 2.2 and 3.1.
AIRWAVES Newsletter. The
DOA will continue to
publish newsletters at
regular intervals to
update residents and
other interested parties
of the status of PBIA's
noise abatement program.
FAA Action: Approved.
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[[Page 30333]]
These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on May 17, 1995. 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 Palm Beach County.
Issued in Orlando, Florida, on May 23, 1995.
Charles E. Blair,
Manager, Orlando Airports District Office.
[FR Doc. 95-13941 Filed 6-7-95; 8:45 am]
BILLING CODE 4910-13-M