[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Notices]
[Pages 34572-34576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16294]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program
Palm Beach International Airport
West Palm Beach, FL
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 Pub. L. 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
[[Page 34573]]
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 measurers would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical users, violate the terms of airport grant agreements, or
intrude into areas preempted by the Federal Government; and
d. Program measures relating to the use of flight procedures can be
implemented within the period covered by the program without derogating
safety, adversely affecting the efficient use and management of the
navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator
prescribed by law.
Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in FAR part 150, Sec. 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 a 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 18, 1994, and was required by a provision of
the Act to approve or disapprove the program within 180 days (other
than the use of new flight procedures for noise control). Failure to
approve or disapprove such program within the 180-day period shall be
deemed to be an approval of such program.
The submitted program contained 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 34574]]
----------------------------------------------------------------------------------------------------------------
Measure and description NCP pages
----------------------------------------------------------------------------------------------------------------
Operational elements:
1. Noise Abatement Flight Paths for Turbojet Aircraft. Runways 27R, 13 and NCP, pages 31-34, Tables 2.2
31: Eliminate multiple noise abatement flight paths from these runways. (page 15) and 3.2 (page 61);
All departing aircraft shall be assigned runway heading or corresponding PBIA Noise Abatement Bulletin.
wind corrected 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 each 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 of neighborhoods 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 Use Program. Corporate jet departures will be NCP, pages 35-36, Tables 2.2 and
assigned Runway 31 when in the west flow. During the hours of 10 p.m. to 3.1; PBIA Noise Abatement
10 a.m. (off peak), Runway 27R will be the preferred runway, when safety Bulletin; Appendix Volume, Table
and weather permit; it also will be the preferred calm wind runway during 1, TAC Meeting #9, page 4.
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 Departure Procedures. The Department of Airports (DOA) NCP, pages 36-38, and Tables 2.2
is in the process of analyzing the two Noise Abatement Departure and 3.1; PBIA Noise Abatement
Procedures (NADP) alternatives from the revised AC 91-53A. Based on the Bulletin, FAA Advisory Circular
results of that analysis, the DOA will work with the Citizen's Committee 91-53A, and letters dated 1/12/
on Aircraft Noise (CCAN) to select a procedure (or procedures, if the FAA 95 and 3/14/95 from PBIA.
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 Procedures. No procedural changes are necessary for NCP, pages 38-39, Figure 2.4, and
maintenance runups except that a revised runup request form should be Tables 2.2 and 3.1; PBIA Noise
implemented for better record-keeping. FAA Action: Approved. Abatement Bulletin; Appendix
Volume, Section 1 of Appendix
A.2, Section 2.7 of Appendix
I.2.
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 ongoing program proposed for the revised NCP will NCP, pages 41 and 42, Tables 2.2
have three main phases: Development of sound insulation program; and 3.1; and Appendix J.2.
validation of the sound insulation program; 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 participants will be notified.
The DOA will follow FAA guidelines by encouraging and possibly requiring
participating homeowners to grant an avigation 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. The previous Noise Abatement and Mitigation Study NCP, page 42, Figure 2.5, and
(NAMS) recommended the use of avigation easements as a remedial land use Tables 2.2 and 3.1.
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.
7. Transaction Assistance. Transaction assistance was recommended in the NCP, page 42, Figure 2.6, and
previous NCP; however, this measure was never implemented. The measure Tables 2.2 and 3.1.
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.
[[Page 34575]]
8. Land Acquisition and Relocation. The three previously described remedial NCP, pages 45-46, and Tables 2.2
land use measures (sound insulation, easement acquisition, and transaction and 3.1.
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 Planning. Local comprehensive plans presently reflect NCP, page 47 and Tables 2.2 and
other impacts. Aircraft noise should also be considered. It is recommended 3.1.
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 noise study recommended zoning be addressed NCP, page 47, Appendix J.2, and
through the land development regulations. Draft text amendments have been Tables 2.2 and 3.1.
developed which address the conversion of incompatibly 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 Review. A formal local environmental review program NCP, page 48 and Tables 2.2 and
should be established, with thresholds or mechanisms to trigger a local 3.1.
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 Disclosure. This measure involves disclosure to a potential NCP, pages 48-49 and Tables 2.2
property/homeowner of a property's location relative to noise exposure and 3.1
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 Revision. This measure references the revision of the NCP, page 49, Tables 2.2 and 3.1,
local building codes (Southern Standard) to require that proper noise Appendix J.2.
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--Undeveloped Land. This measure involves NCP, page 49, Figure 2.5, and
acquisition of avigation easements for undeveloped parcels within and in Tables 2.2 and 3.1.
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.
15. Land Acquisition--Undeveloped Land. In some instances, none of the NCP, page 49, Tables 2.2 and 3.1.
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 Monitoring System. The DOA will acquire and NCP, page 50 and Tables 2.2 and
install a noise and operations monitoring system to support 3.1.
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 Contours. The DOA Noise Office will continue to NCP, page 50 and Tables 2.2 and
develop annual Ldn contours to meet a PBIA commitment to an ongoing annual 3.1.
review of the noise contours. FAA Action: Approved.
18. Annual Review of Magnetic Headings. It is recommended that the FAA Air NCP, page 51 and Tables 2.2 and
Traffic Control Tower, with DOA assistance, review the magnetic headings 3.1.
annually and revise the departure instructions to pilots to reflect
changes in the magnetic heading of the airport's runways. FAA Action:
Approved.
[[Page 34576]]
19. NEM/NCP Review. At a minimum, the NCP should call for updating the NEM NCP, page 51 and Tables 2.2 and
at the end of the five year forecast period. If traffic levels either 3.1.
exceed the forecast levels by 15% or drop below the current levels 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 DOA is moving ahead with plans to install an NCP, page 51 and Tables 2.2 and
Instrument Landing System (ILS) on Runway 27R. This ILS will greatly 3.1.
improve adherence to the preferred arrival track for that runway. This
measure was a recommended action of the previous NCP. FAA Action:
Approved. This measure was approved in the 1985 NCP. It is noted that the
proposed funding source does not include Federal funding (50 percent State
and 50 percent DOA).
21. Program Publicity: Pilot Handout. Figure 2.8 presents a draft NCP, page 51, Figure 2.8, and
recommended pilot handout. The pilot handout would provide information on Tables 2.2 and 3.1; PBIA Noise
various noise abatement policies, including: detailed description of noise Abatement Bulletin; March 14,
abatement flight paths; requested use of FAA AC 91-53 procedures and 1995, letter from PBIA.
Teterboro 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 Order. Changes to the preferential runway use and NCP, page 54, Figure 2.9, and
multiple noise abatement departure flight track assignment elements in the Tables 2.2 and 3.1.
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 U.S.C. 40103 would implement these measures, which would also be
subject to applicable environmental requirements prior to implementation.
23. Program Publicity: National Publications. There are a number of NCP, page 54 and Tables 2.2 and
nationally recognized publications that provide pilots with information on 3.1.
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: Ongoing Citizens Meetings. The DOA will continue NCP, page 54 and Tables 2.2 and
to meet on a routine basis with the CCAN or a similar group to continue 3.1.
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: AIRWAVES Newsletter. The DOA will continue to NCP, page 54 and Tables 2.2 and
publish newsletters at regular intervals to update residents and other 3.1.
interested parties of the status of PBIA's noise abatement program. FAA
Action: Approved.
----------------------------------------------------------------------------------------------------------------
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. 95-16294 Filed 6-30-95; 8:45 am]
BILLING CODE 4910-13-M