[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Notices]
[Pages 59018-59022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28939]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; Ft. Lauderdale Executive
Airport, Ft. Lauderdale, FL
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by the City of
Ft. Lauderdale 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
March 28, 1997, the FAA determined that the noise exposure maps
submitted by the City of Ft. Lauderdale under Part 150 were in
compliance with applicable requirements. On September 23, 1997, the
Administrator approved the Ft. Lauderdale Executive Airport noise
compatibility program. Most of the program measures were fully
approved. One (1) measure was partially approved and one (1) measure
was disapproved.
EFFECTIVE DATE: The effective date of the FAA's approval of the Ft.
Lauderdale Executive Airport noise compatibility program is September
23, 1997.
FOR FURTHER INFORMATION CONTACT:
Mr. Tommy J. Pickering, P.E., Federal Aviation Administration, Orlando
Airports District Office, 5950 Hazeltine National Drive, Suite 400,
Orlando, FL 32822, (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 Ft.
Lauderdale Executive Airport, effective September 23, 1997.
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 and the Act, and is limited to the following
determinations:
a. The noise compatibility program was developed in accordance with
the provisions and procedures of FAR part 150;
b. Program measures are reasonably consistent with achieving the
goals of reducing existing noncompatible land uses around the airport
and preventing the introduction of additional noncompatible land uses;
c. Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical users, violate the terms of airport grant agreements, or
intrude into areas preempted by the Federal government; and
d. Program measures relating to the use of flight procedures can be
[[Page 59019]]
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, FL.
The City of Ft. Lauderdale submitted to the FAA on March 5, 1997,
updated noise exposure maps, descriptions, and other documentation
produced during the noise compatibility planning study conducted from
January 3, 1994 through March 5, 1997. The Ft. Lauderdale Executive
Airport noise exposure maps were determined by FAA to be in compliance
with applicable requirements on March 28, 1997. Notice of this
determination was published in the Federal Register.
The Ft. Lauderdale Executive 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 2002. 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 March 28, 1997, 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-three (23) 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 September 23,
1997.
Out right approval was granted for twenty-one (21) of the twenty-
three (23) specific program measures. One (1) measure was disapproved
and one (1) measure was partially approved. The approval action was for
the following program controls:
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Noise abatement measure Description NCP pages
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Operational Measures
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3.2.1......................... Revised Measure: Informal Nighttime Preferential Pgs. 20, 49, 50 and 52;
Assignment of Runway 26 to All Aircraft. It is Figures 5.1 and 5.2; and
recommended that the existing nighttime (10 p.m. Tables 3.2, 3.5, 5.3, 5.4
through 7 a.m.) preferential use of Runway 26 by and 5.5.
turbojet aircraft be extended to be applicable
to all aircraft to reduce overflight of the
populated areas closest to the airport. This
measure results in a reduction of 31 people
within the 65 dB Ldn noise contour and operates
in conjunction with the noise abatement flight
path for Runway 26 departures (turn to a heading
of 310 deg.) discussed below. FAA Action:
Approved as a voluntary measure.
3.2.2......................... Existing Measure: Voluntary Restriction of Jet Pgs. 20 and 50; Tables 3.2,
Use of Runway 13/31. It is recommended that the 3.5, 5.1, 5.2 and 5.3; and
existing voluntary restriction of jet use of Appendix C.
Runway 13/31 be continued. The elimination of
this measure would dramatically increase direct
jet overflights of the close-in residential
areas under the extended centerlines of runways
at the airport, in areas where jet operations
currently are rare, Increased jet use would
almost certain result in a vigorous community
reaction. FAA Action: Approved as a voluntary
measure.
3.23.......................... New Measure: Relax Runway 08 Departure Altitude Pgs. 20, 21 and 56; Tables
Restriction. Because of air traffic transiting 3.2, 3.5, 5.3 and 5.7; and
the airspace around Fort Lauderdale Executive Figure 5.4.
Airport (FXE) (largely from Fort Lauderdale-
Hollywood International), the FAA currently
restricts initial climb altitudes on departure
from FXE to 2,000'. This measure recommends
eliminating or relaxing this restriction. FAA
Action: Disapproved for purposes of Part 150.
The Air Traffic Control Tower commented that
this procedure is already done to the maximum
extent possible. Both FXE and Miami Tower
personnel make every effort to climb aircraft to
their cruising altitude as soon as traffic
conditions permit. To eliminate the restriction,
or to further relax it beyond current airport
traffic capabilities, would impact air traffic
efficiency and is therefore disapproved.
[[Page 59020]]
3.2.4......................... Revised Measure: Noise Abatement Pattern Pgs. 21, 22 and 54; Tables
Procedures. This measure proposes to raise the 3.2, 3.5, 5.2, 5.3 and 5.6;
propeller pattern altitude from 1,000' to 1200', and Figure 5.3.
extend the upwind leg for Runway 31 departures
out to the turnpike, and extend the approach leg
for Runway 13 arrivals out to the turnpike. This
measure would result in a reduction of 30 people
within the 65 dB Ldn noise contour. FAA Action:
Approved in part as a pilot request, voluntary
measure, with respect to the proposal to extend
the upwind leg for Runway 31 departures out to
the turnpike. The measure is disapproved in part
for the proposals to raise the propeller
altitude and extend the approach leg for Runway
13 arrivals out to the turnpike. Raising the
propeller altitude would have a severe impact on
traffic at FXE and on traffic transiting into
the Ft. Lauderdale-Hollywood International
Airport, or working with Miami Approach Control
overhead Ft. Lauderdale Executive Airport. The
Air Traffic Control Tower (ATCT) expressed
concern that the Runway 13 arrival change would
create at least a 2\1/2\ mile longer pattern,
more delays and a safety hazard due to the
distance from the tower, and limited visibility
for the ATCT at that distance.
5.7.3......................... Existing Measure: Voluntary Use of National Pgs. 58 and 114; Tables 3.2,
Business Aircraft Association and Manufacturers' 5.1, 5.2 and 5.3; and
Procedures. This measure recommends continuation Appendix C.
of an existing voluntary measure where pilots
are requested to use National Business Aircraft
Association (NBAA) recommended noise abatement
procedures developed for corporate jet pilots or
individual aircraft manufacturer developed
aircraft-specific abatement procedures. The
program recommends use of the ``standard''
departure procedure. Airport signs notify
pilots. FAA Action: Approved as a voluntary
measure.
3.2.5......................... Revised Measure: R/W 26 Departure Heading; Pgs. 22, 63 and 65; Tables
Initiate Turns After Crossing NW 31st Avenue. 3.2, 3.5, 5.3, 5.9 and 5.10;
The original Noise Compatibility Program and Figures 5.8 and 5.9.
included a turn to a heading of 280 deg. for
nighttime turbojet departures off of Runway 26.
This procedure was implemented as a turn to 310
deg.. It was extended to apply to fixed wing
aircraft departing on this runway 24 hours per
day. This measure recommends modifying the
existing measure so the noise turn for aircraft
departing Runway 26 would be initiated after
crossing NW 31st Avenue for VFR guidance. Under
instrument conditions, pilots should use the
Runway 08 ILS approach middle marker for
guidance. This measure reduces the population
within the 65 dB Ldn noise contour by 631
people. FAA Action: Approved as a voluntary
measure.
3.2.6......................... Existing Measure: Runway 08 Departure Headings. Pgs. 22, 58 and 59; Tables
This measure recommends continuation of a noise 3.2 and 5.8; Figures 5.5,
abatement departure turn to the north, along I- 5.6 and 5.7; and Appendix C.
95, for jets departing on Runway 08. The
procedure requires all jets with destinations
other than eastbound to be assigned a heading of
330 deg., with turns to be initiated ``abeam of
I-95''. All eastbound departures, regardless of
aircraft type, are assigned to a heading of 090
deg.. Propeller-driven aircraft with non-
eastbound destinations are assigned a heading of
300 deg.. Emergency flights and medical ``life
flights'' are exempt. The elimination of this
procedure would approximately double the
population within the 65 dB Ldn contour. FAA
Action: Approved as a voluntary measure.
3.2.7......................... New Measure: Voluntary Use of Runway 08 ``Quit Pgs. 23 and 67; Tables 3.2,
One'' Departure Procedure. This measure 3.5 and 5.3; and Figures
recommends continuation of the current ``Quiet 5.10, 5.11 and 5.12.
One'' departure procedure for nighttime (10 p.m.
through 7 a.m.) eastbound jet departures on
Runway 08. The procedure applies to visual
meterological conditions only and is initiated
at pilot request only. The procedure is
published as a climbing left 360 deg. turn to
090 deg. then commence a standard rate turn so
as to remain within 5 nautical miles of FXE and
north of Runway 8 centerline until on assigned
heading. This procedure provides a reduction in
single event noise levels over residential areas
east of the airport, including approximately 400
people within the 65 dB Ldn noise contour. FAA
Action: Approved as a voluntary measure.
3.2.8......................... New Measure: Voluntary Restriction of Nighttime Pgs. 24 and 76; and Tables
(10 pm-7 am) Touch-and-Go Operations. This 3.2, 3.5 and 5.3.
measure includes only a request that pilots and
Fixed Base Operators limit all touch-and-go
activity, particularly nighttime operations, on
a voluntary basis. This measure reduces the
number of people from within the 65 dB Ldn noise
contour. FAA Action: Approved as a voluntary
measure.
3.2.9......................... Existing Measure: Support of Airport Perimeter Pgs. 24, 87 and 88; Tables
Development as Noise Barrier. The program 3.2 and 5.2; Figure 5.18;
recommends continuation of an existing measure and Appendix C).
calling for the City to promote development of
property on the airport perimeter in such a
manner that the structures can act as noise
barriers for neighboring residences. FAA Action:
Approved.
[[Page 59021]]
3.2.10........................ Existing Measure: Aircraft Engine Runup Time and Pgs. 25 and 88; Tables 3.2
Location Restrictions. This recommends and 3.5; Figure 5.19; and
continuaiton of an existing restriction on the Appendix C.
time and locaiton of maintenance runups which is
included in the Fort Lauderdale City Code. No
maintenance runups are allowed between 7:00 p.m.
and 7:00 a.m. and are limited to a location
designated by the Air Traffic Control Tower. The
designated runup area is at the compass rose as
shown on figure 5.19 in the NCP document. The
City Code will be revised to depict the location
of the compass rose as the only site for
maintenance runups unless the City authorizes
alternate locaitons and the Airport Rules and
Regulations manual will be revised to reflect
the City Code. These existing restrictions have
largely eliminated citizen complaints related to
engine runup noise. FAA Action: Approved..
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Land Use Measures
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3.3.1......................... Existing Measure: Corrective Land Use and Zoning Pgs. 26, 101 and 102; Tables
Changes. It is recommended that the City 3.3, 3.6, 6.1, 6.2 and 6.5;
continue monitoring of land use and zoning and Figures 4.1 and 4.2.
requests in its environs to encourage
appropriate changes to more compatible
categories for vacant and developed land and to
discourage inappropriate changes. Where changes
could result in noncompatible land use but
cannot be prevented, other corrective measures
provided at the expense of the applicant should
be pursued to maintain compatibility. The City
will transmit the approved Noise Exposure Maps
(NEM) to each local government with jurisdiction
over land surrounding FXE along with a written
request that they maintain land use
compatibility and notification that no federal/
airport funding will be available for corrective
measures associated with any new non-compatible
development within the noise contours depicted
on the NEM. FAA Action: Approved.
3.3.2......................... Existing Measure: Preventive Development Pgs. 26, 107 and 108; and
Controls. It is recommended that the Airport Tables 3.3, 3.6, 6.1, 6.2
staff continue consultation with City and County and 6.5.
planning, building, zoning and legal staff to
explore the feasibility of enacting site plan
and building code measures to minimize the
potential for noise impacts. FAA Action:
Approved.
3.3.3......................... Existing Measure: Preventive Fair Disclosure. It Pgs. 26 and 108; and Tables
is recommended that the existing measure for 3.3, 3.6, 6.1, 6.2 and 6.5.
fair disclosure primarily by NEM publication be
continued. Dissemination and explanation of the
Airport Master Plan and NEM to realtors and
local government staff are recommended to ensure
that potential residents are aware of the
airport and its operations. This measure will
protect both the airport and potential property
owners. FAA Action: Approved.
3.3.4......................... New Measure: Monitor to Determine Exact Extent of Pgs. 27, 110 and 115; and
Contour into Residential Area. It is proposed Tables 3.3, 3.6, 3.7 and
that the City install one of the permanent noise 6.5.
monitors off the western end of Runway 08/26
within or close to the Village Park Mobile Home
Park to measure actual noise levels. This will
allow the City to fine tune implementation of
the procedure to have pilots delay the
initiation of the Runway 26 departure heading
until they cross NW 31st Avenue so as to
eliminate or reduce the encroachment of the
contours into the property. Therefore, this
measure would assist in the implementation of
other measures. FAA Action: Approved.
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Continuing Program Measures
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3.4.1......................... Existing Measure: Noise Abatement Advisory Pgs. 29, 113 and 114; and
Committee. This will continue the Community Tables 3.4, 3.7 and 7.1
Advisory Committee (CAC) which was established
in the original Part 150 study to meet with FXE
and other City staff throughout the year, as
required, to discuss issues related to aircraft
noise. The CAC provides a formal mechanism for
ongoing dialogue with the community on noise
issues. FAA Action: Approved.
3.4.2......................... Existing Measure: Noise Abatement Officer. This Pgs. 29, 113 and 114; and
will continue a full-time Noise Abatement Tables 3.4, 3.7 and 7.1.
Officer position which was established in the
original Part 150 study. The Officer is
responsible for operation of the permanent
monitoring system, community liaison regarding
noise issues, collection of and response to
noise complaints, implementation of the NCP, and
ongoing noise compatibility planning efforts.
The Officer is a critical element of the ongoing
implementation and success of the NCP. FAA
Action: Approved.
3.4.3......................... Existing Measure: Permanent Noise Monitoring Pgs. 29, 114, and 115; Tables
System. It is proposed that the City expand the 3.4, 3.7 and 7.1; and Figure
existing noise monitoring system by adding a 3.1 of the NEM document.
minimum of four new permanent noise monitors, a
minimum of two compatible portable noise
monitors, and expanded central database
management capabilities. The monitoring system
provides the City with objective and accurate
information to use in implementing NCP elements,
monitoring the effectiveness of the NCP, and
responding to citizen inquiries. FAA Action:
Approved. FAA participation in monitors will be
limited to an additional four permanent monitors
and two portable monitors unless FAA later
specifically determines additional noise
monitors are needed on a case-by-case basis.
[[Page 59022]]
3.4.4......................... Existing Measure: Public Information Program. Pgs. 29, 113 and 114; and
This will continue a public information program Tables 3.4, 3.7 and 7.1.
by the Airport staff through verbal and written
briefings to the CAC, Aviation Advisory Board
(AAB) meetings, briefings to City Commission
meetings, and presentations to outside
organizations, such as homeowner associations.
This measure is a critical component of the
ongoing dialogue with outside parties, to ensure
that the NCP operates efficiently and
effectively. FAA Action: Approved.
3.4.5......................... New Measure: Airfield Signs. It is proposed that Pgs. 30 and 114; and Tables
the City install four additional signs on the 3.4, 3.7 and 7.1.
airfield that inform departing pilots of the key
noise abatement procedures to insure that all
relevant locations have signs. FAA Action:
Approved. Signs must not be construed as
mandatory air traffic procedures. The content
and location of airfield signs are subject to
specific approval by appropriate FAA officials
outside of the Part 150 process and are not
approved in advance by this determination.
3.4.6......................... New Measure: Pilot Manual Insert. The city has Pgs. 30 and 114; and Tables
arranged for the printing of a full color 3.4, 3.7 and 7.1.
informational insert on FXE in a format that is
compatible with the Jepson Sanderson manual
which includes a notice on the Runway 08
departure procedures. It is also recommended
that the City reprint inserts prepared by the
City that addresses the Runway 08 departure
procedures. FAA Action: Approved.
3.4.7......................... Existing Measure: NCP Review and Revision. This Pgs. 30, 31, 113 and 114; and
measure continues provisions for continuing Tables 3.4, 3.7 and 7.1.
review and evaluation of proposed changes to the
NCP between overall updates as proposed in the
NCP. This provides for amendment to the details
of the NCP, to ensure its continued efficiency
and effectiveness. FAA Action: Approved.
3.4.8......................... Existing Measure: NEM and NCP Updates. The NCP Pgs. 31, 113 and 114; and
recommends that the City update the NEM every Tables 3.4, 3.7 and 7.1.
five years, or as required by changed
conditions, pursuant to FAA guidelines. Should
the revised NEM indicate that changed conditions
have diminished the effectiveness or efficiency
of the NCP, the City will evaluate the NCP and
update it as required. This will keep the NEM
and NCP up to date. FAA Action: Approved.
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These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on September 23, 1997. 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 Ft.
Lauderdale.
Issued in Orlando, Florida on October 16, 1997.
W. Dean Stringer,
Acting Manager, Orlando Airports District Office.
[FR Doc. 97-28939 Filed 10-30-97; 8:45 am]
BILLING CODE 4910-13-M