[Federal Register Volume 62, Number 34 (Thursday, February 20, 1997)] [Notices] [Pages 7815-7818] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-4204] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Approval of Noise Compatibility Program; Tallahassee Regional Airport, Tallahassee, FL AGENCY: Federal Aviation Administration, DOT. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by the City of Tallahassee, Florida, 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 non-Federal responsibilities in Senate Report No. 96-52 (1980). On June 25, 1996, the FAA determined that [[Page 7816]] the noise exposure maps submitted by the City of Tallahassee, Florida, under Part 150 were in compliance with applicable requirements. On December 20, 1996, the Administrator approved the Tallahassee Regional Airport noise compatibility program. Thirteen (13) of fifteen (15) recommendations of the program were approved in full. Two recommendations were partially approved. EFFECTIVE DATE: The effective date of the FAA's approval of the Tallahassee Regional Airport noise compatibility program is December 20, 1996. FOR FURTHER INFORMATION CONTACT: Mr. Tommy J. Pickering, P.E., Federal Aviation Administration, Orlando Airports District Office, 5950 Hazeltine National Drive, Suite 400, Orlando, Florida 32822-5024, (407) 812-6331, Extension 29. 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 Tallahassee Regional Airport, effective December 20, 1996. Under Section 104(a) of the Aviation Safety and Noise Abatement Act 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 of the Act, and is limited to the following determinations: a. The noise compatibility program was developed in accordance with the provisions and procedures of FAR Part 150; b. Program measures are reasonably consistent with achieving the goals of reducing existing noncompatible land uses around the airport and preventing the introduction of additional noncompatible land uses; c. Program measures would not create an undue burden on interstate or foreign commerce, unjustly discriminate against types or classes of aeronautical users, violate the terms of airport grant agreements, or intrude into areas preempted by the Federal government; and d. Program measures relating to the use of flight procedures can be implemented within the period covered by the program without derogating safety, adversely affecting the efficient use and management of the navigable airspace and air traffic control systems, or adversely affecting other powers and responsibilities of the Administrator prescribed by law. Specific limitations with respect to FAA's approval of an airport 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. The City of Tallahassee, Florida, submitted to the FAA on June 4, 1996, updated noise exposure maps, descriptions, and other documentation produced during the noise compatibility planning study conducted from January 3, 1994 through May 30, 1996. The Tallahassee Regional Airport noise exposure maps were determined by FAA to be in compliance with applicable requirements on June 25, 1996. Notice of this determination was published in the Federal Register. The Tallahassee Regional 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 2001. 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 June 25, 1996, 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 fifteen (15) 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 December 20, 1996. Outright approval was granted for thirteen (13) of the fifteen (15) specific program measures. Two (2) measures were partially approved. The approval action was for the following program measures: [[Page 7817]] Operational Controls ---------------------------------------------------------------------------------------------------------------- Operational control number Description NCP pages ---------------------------------------------------------------------------------------------------------------- 1............................ Balance the air carrier and military jet departure Pgs. 35-36; p. 12; and Table activity on Runways 27 and 36 (approximately 40 14. percent of the departure activity on each runway) to reduce noise exposure north of the airport. Departure activity on other runways should remain the same as the current conditions. This measure recommends a modification of Air Traffic Control procedures to increase the use of Runway 27 departures of air carrier and military jet activity to approximately 40 percent and to reduce departure of these aircraft to approximately 40 percent on Runways 36. For military jet departures, approximately 40 percent of these represent touch and go activity and would need to remain on Runway 36. The remaining military jet activity would be assigned to the same as the proposed air carrier activity. Other aircraft runway utilization would remain the same as the current condition. This would reduce noise exposure on sensitive areas north of the Airport and reduce the number of impacts within their 65 DNL contour by 53 people. FAA Action: Approved as a voluntary measure. 2............................ This measure recommends the implementation of a Pgs. 36-37; Table 14; and AC ``close-in'' departure procedure for Runways 36 91-53. and 09 and a ``distant'' departure for Runway 18 based on Advisory Circular 91-53A. This will increase aircraft altitude over noise sensitive areas south of the Airport and reduce noise levels in residential areas north and east of the Airport. FAA Action: Approved as a voluntary measure. 3............................ This measure recommends that when precision Pg. 37 and Table 14. approach Global Positioning System (GPS) technology becomes available, a GPS should be installed and alternative approach procedures to Runway 27 should be reviewed to determine if approach track modifications are warranted. This will provide for future flexibility in reducing arrival noise to areas east of the Airport. FAA Action: Approved in part. FAA approves the review of alternative approach procedures to Runway 27 to determine if approach track modifications are warranted for noise benefits when precision approach GPS technology becomes available. The airport operator may submit supplemental information, including the noise benefits, upon completion of its review and may request approval under Part 150 of specified approach procedures to be used. However, the installation of a GPS under Part 150 is disapproved. The primary benefits of a GPS would be related to a development upgrade rather than noise benefits. This does not prevent the installation of a GPS outside of Part 150. 4............................ This measure supports the Federal legislation for Pg. 37 and Table 14. the phase-out of Stage 2 aircraft by the year 2000. The phase-out of Stage 2 aircraft will reduce the impact of aircraft noise on areas surrounding the Airport. FAA Action: Approved as an expression of airport operator support for the Federal transition sechedule. ---------------------------------------------------------------------------------------------------------------- Land Use Measures ---------------------------------------------------------------------------------------------------------------- Land use control number Description NCP pages ---------------------------------------------------------------------------------------------------------------- 1............................ This measure recommends that current zoning for the Pg. 42-43; Exhibit 12; and City of Tallahassee and Leon County be amended to Tables 13 & 15. implement noise overlay zoning to supplement the underlying zoning categories. Overlay Zone 1 should be associated with the 60 DNL contour and Zone 2 should be associated with the 65 DNL contour using identifiable features to define the limits. Generally, residential uses, churches, hospitals and schools would be excluded from the 65 DNL contour and consideration would be given to precluding the location of additional mobile homes from the 60 DNL contour and above. This could preclude the potential for future incompatible development in areas subject to overflight and noise exposure. FAA Action: Approved. 2............................ It is recommended that current zoning for the City Pgs. 43-44; Exhibits 11 and of Tallahassee and Leon County be changed to 13; and Tables 13 & 15. designate land north of the Airport, east of Sand Road, West of Capitol Circle S.W., and south of S.R. 20 for future compatible forms of commercial and industrial development; and to designate land north of S.R. 20, west of Capitol Circle S.W., south of Gum Road and east of a north-south line situated approximately 3,600 feet west of Capitol Circle S.W. for low density residential development. This would preclude the potential for future incompatible development in areas subject to overflight and noise exposure. FAA Action: Approved in part. The portion of this recommendation related to any new residential development, regardless of density, does not meet Part 150 approval criteria to prevent the introduction of noncompatible land uses and is disapproved. This disapproval for purposes of Part 150 is not intended to discourage planning efforts to reduce the potential for future noncompatible land uses. 3............................ It is recommended that existing building codes for Pgs. 44-45 and Tables 13 & the City of Tallahassee and Leon County be amended 15. to require soundproofing in new residential and noise sensitive institutional land uses (churches, hospitals, etc.) that may occur within the composite current and future 65 DNL noise contours. This addresses noise impacts which may occur on new noise sensitive uses in undeveloped areas. The application of these standards should only impact vested residential lots or parcels available for development, and only if the acquisition program proposed is not implemented. FAA Action: Approved. Sound attenuation consistent with Part 150 Table 1 will make these structures compatible. The FAA believes that the prevention of additional residential land uses within the DNL 65dB contour is highly preferred over allowing such uses even at lower densities and combined with sound attenuation. The airport operator and local land use jurisdiction are urged to pursue all possible avenues to discourage new residential development within these levels of noise exposure. 4............................ It is recommended that the City of Tallahassee and Pgs. 47-48 and Tables 13 & Leon County amend the current Tallahassee-Leon 15. County Comprehensive Plan to incorporate the recommendations of the updated FAR part 150 Noise Compatibility Study into the provisions of their planning document. This would identify noise and land use compatibility areas within the aircraft noise impact areas. FAA Action: Approved. [[Page 7818]] 5............................ It is recommended that procedures be implemented to Pg. 48 and Tables 13 & 15. factor noise compatibility considerations into the project review process of local planning commissions, Boards of Adjustment and staff review of land development proposals. This measure would include the development of specific checklist items relating to issues of noise compatibility and a map showing the area where noise compatibility issues are critical. FAA Action: Approved. 6............................ It is recommended that the Broadmoor Estates Mobile Pgs. 50-51; Exhibit 13; and Home Park be considered for voluntary fee simple Tables 13 & 15. acquisition and the present occupants be relocated to other compatible locations not impacted by aircraft related noise. This would remove approximately 210 residences (incompatible land uses) from high noise contour areas. FAA Action: Approved. 7............................ It is recommended that a voluntary purchase program Pgs. 49-52; Exhibit 13; and be implemented for the acquisition of all 52 Tables 13 & 15. existing single-family residential units in The Cascades, depending upon the extent of neighborhood disruption, and 17 existing predominantly mobile homes located near the eastern terminus of Sullivan Road. This would remove these residences from high noise contour areas. FAA Action: Approved as a voluntary measure. 8............................ Acquisition is recommended for three parcels of Pgs 52-53; Exhibit 13; and undeveloped land located almost entirely within Tables 13 & 15. the 65dB contour: west of Capitol Circle S.W., south of Jackson Bluff Road, and north of Lake Cascade that has the potential for residential development. This will provide positive control over land use within high noise contour areas or land available for potential residential development. FAA Action: Approved. This measure is subject to a determination at the time of implementation that the purchase is necessary to prevent new noncompatible development because noncompatible development on the vacant land is highly likely and local land use controls will not prevent such development. 9............................ It is recommended that as a final option, owners of Pgs. 53-54; Exhibit 13; and noise impacted property who either opt not to Tables 13 & 15. participate in the voluntary purchase program, or whose dwellings are not technologically or financially feasible to undergo soundproofing will be offered the opportunity to sell an avigation easement to the airport. The avigation easement purchase offer will be made only after the completion of the voluntary purchase program and the residential soundproofing program is completed. This will provide protection to the airport from litigation and will provide notification to future residents of noise exposure. FAA Action: Approved. 10........................... It is recommended that soundproofing should be Pgs. 54-55; Exhibit 13; and offered as an option to owners of permanent Tables 13 & 15. residential structures located within the DNL 65dB voluntary purchase areas, if in doing so, it is both technologically feasible and cost efficient. The soundproofing option would not commence until completion of the voluntary acquisition program. Mobile homes would not be eligible. This would address impacts on existing residences and result in notification of future residents of noise impacts. In exchange for the soundproofing, the residents will be required to dedicate an easement and nonsuite covenant to the airport. FAA Action: Approved. 11........................... It is recommended that the City of Tallahassee and Pg. 46 and Tables 13 & 15. Leon County should continue practicing environmental land use controls during their development review process. This supports the prohibition of residential land use within noise impacted portions of the study area. FAA Action: Approved. ---------------------------------------------------------------------------------------------------------------- These determinations are set forth in detail in a Record of Approval endorsed by the Administrator on December 20, 1996. The Record of Approval, as well as other evaluation materials and the documents comprising the submittal, are available for review at the FAA office listed above and at the administrative office of the City of Tallahassee, Florida. Issued in Orlando, Florida on February 4, 1997. Charles E. Blair, Manager, Orlando Airports District Office. [FR Doc. 97-4204 Filed 2-19-97; 8:45 am] BILLING CODE 4910-13-M