[Federal Register Volume 60, Number 110 (Thursday, June 8, 1995)]
[Pages 30328-30333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13941]

[[Page 30329]]


Federal Aviation Administration

Approval of Noise Compatibility Program; Palm Beach International 
Airport, West Palm Beach, Florida

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.


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, 

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 

    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 

[[Page 30330]]
   Measure and description                     NCP pages                
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:                                               
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                                               
    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                                             
     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                                                 
     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:                                                 
    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.                                            
     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:                                               
    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,                                                
     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                                               
    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                                                  
     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                                           
[[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                                                  
     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                                               
     monitoring, audio &                                                
     tower radio monitoring &                                           
     recording capabilities,                                            
     and aircraft & flight                                              
     components. FAA Action:                                            
    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:                                               
    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                                              
    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:                                            
    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:                                            
    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.                                              

[[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]