[Federal Register: October 20, 2006 (Volume 71, Number 203)]
[Notices]
[Page 62034-62037]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc06-103]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; St. Lucie County
International Airport, Fort Pierce, 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 St. Lucie
County Board of County Commissioners under the provisions of 49 U.S.C.
(the Aviation Safety and Noise Abatement Act, hereinafter referred to
as ``the Act'') 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 23,
2006, the FAA determined that the noise exposure maps submitted by the
St. Lucie County Board of County Commissioners under part 150 were in
compliance with applicable requirements. On August 21, 2006, the FAA
approved the St. Lucie County International Airport noise compatibility
program. Most of the recommendations of the program were approved.
DATES: Effective Date:
The effective date of the FAA's approval of the St. Lucie County
International Airport noise compatibility program is August 21, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Lindy McDowell, Federal Aviation
Administration, Orlando Airports District Office, 5950 Hazeltine
National Dr., Suite 400, Orlando, Florida 32822, (407) 812-6331,
Extension 130. 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 St. Lucie
County International Airport, effective August 21, 2006.
Under Section 47504 of 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 non-compatible
land uses and prevention of additional non-compatible 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
[[Page 62035]]
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 non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
c. Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, 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.
St. Lucie County Board of County Commisioners submitted to the FAA
on December 21, 2005, the noise exposure maps, descriptions, and other
documentation produced during the noise compatibility planning study
conducted from August 2003 through December 2005. The St. Lucie County
International Airport noise exposure maps were determined by FAA to be
in compliance with applicable requirements on February 23, 2006. Notice
of this determination was published in the Federal Register on February
23, 2006.
The St. Lucie County Airport study contains a proposed noise
compatibility program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions from
the year 2005 to the year 2010. It was requested that FAA evaluate and
approve this material as a noise compatibility program as described in
section 47504 of the Act. The FAA began its review of the program on
February 23, 2006, and was required by a provision of the Act to
approve or disapprove the program within 180 days (other than the use
of new or modified 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 fourteen (14) proposed actions for
noise mitigation on an 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 FAA effective August 21, 2006.
Outright approval was granted for a number of the specific program
elements. Three (3) measures were disapproved; one pending submission
of additional information to make an informed analysis, one based on
issues outside of the 65 DNL contour, and one due to lack of expected
noise benefits.
Operational Measures
1. Discourage Stage 1 Aircraft Operations Unless for Life Safety,
Emergency or Aircraft Recertification
Implement the voluntary discouragement of State 1 aircraft
operations at FPR unless for life safety, emergency, or aircraft
recertification. (Supplemental sponsor letter dated May 15, 2006; NCP,
page ES-2, NCP Recommendations; pages 133-134, including Table 11.5;
Figure 11.3.)
FAA Action: Approved as voluntary, for purposes of Part 150. This
measure is recommended on a voluntary basis, and may not be imposed as
mandatory nor may aircraft owners or pilots be penalized if they do not
choose to voluntarily comply. Estimated benefits of implementing the
measure on a voluntary basis are shown on page 134, and show a
reduction of impacts to 47 people presently within the 60 DNL noise
contour.
2. Maintain Voluntary Touch and Go Training Procedures
Touch and Go training acceptable between 8 a.m. and 2
hours after sunset (Monday through Saturday), and Touch and Go training
not acceptable on Sundays or Holidays (Sponsor supplemental letter
dated May 15, 2006 and NCP, pages ES-2, 134-136, and Table 11.7).
FAA Action: Disapproved pending submission of additional
information to make an informed analysis. The NCP did not evaluate the
benefit of this specific measure. The FAA recognizes that the
procedures are currently being used on a voluntary basis as traffic,
weather and airspace safety and efficiency permit. This disapproval
does not prohibit the sponsor from implementing this voluntary
procedure.
3. Runway 14 Preferred in Calm Wind
Runway 14 is preferred for calm wind operation (until construction
of the new runway 9L/27R) (Sponsor supplemental letter dated May 15,
2006; NCP, page ES-2, NCP Recommendations; pages 136-138 and Table
11.8, analysis of the measure; Figure 11.9 and Table 11.9, page 165,
Estimated Population and Sensitive Receptors for 2005 DNL
Alternatives).
FAA Action: Approved on a voluntary basis during clam winds as
traffic, weather, and airspace safety and efficiency permit. The NCP
shows the preferred use of Runway 14 would reduce the population within
the DNL 60 dB impacted by nine people (Figure 11.9 and Table 11.9.).
4. New Runway 9L/27R Preferred for Flight Training to the Extent
Possible
During the five-year planning timeframe, FPR will construct a
parallel runway 9L-27R. This runway is designed to accommodate flight-
training aircraft, which are prevalent at FPR. (Sponsor supplemental
letter dated May 15, 2006; NCP, pages ES-2, NCP Recommendations; 160-
162, and page 165, Figures 11.18 and 11.20; and Table 11.15).
FAA Action: Approved on a voluntary basis as traffic, weather, and
airspace safety and efficiency permit. The FPR Air Traffic Control
Tower has stated that multiengine training would remain primarily on
the existing runway once the proposed parallel runway is constructed.
Capacity considerations could also affect the number of operations on
the new runway. Further, this measure must not be construed as a
mandatory procedure for noise abatement purposes. The FAA is not
responsible for monitoring or regulating the number/volume of
operations other than for safety and efficiency, nor is it responsible
for ``enforcing'' noise abatement/voluntary actions. The FPR ATCT will
select runways and
[[Page 62036]]
procedures that maximize the efficiency of air traffic flow at all
times; noise abatement procedures are voluntary and may be used when
operating conditions permit. By shifting a portion of training
operations to this runway, an overall reduction in the number of
persons affected by noise would occur. Figures 5.10a and 5.10b
illustrate touch-and-go flight tracks would occur primarily over
airport property, thereby benefiting populations outside the 65 DNL
noise contour by reducing over flights over those noise sensitive
areas.
5. Jet Aircraft Use ``Close-in'' Noise Abatement Departure Profile
Recommend the voluntary use of ``close-in'' noise abatement
departure profiles for use by jet aircraft operators on all runways.
The existing FPR noise abatement program requests that jet pilot use
NBAA noise abatement departure profiles to minimize noise exposure in
residential areas immediately off the runway ends. (Sponsor
supplemental letter dated May 15, 2006; NCP, page ES-2, NCP
Recommendations; pages 141-142, Figure 11.17; and Table 11.12).
FAA Action: Approved as a continuation of a voluntary measures as
traffic, weather, and airspace safety and efficiency permit. The
referenced Figures and Tables in the NCP show a benefit on a single
event basis when this procedure is used. The decision on how to operate
each aircraft that uses St. Lucie County International Airport remains
with the pilot in command.
6. Study the Feasibility of a 1,500-foot Westward Shift of Runway 9R/
27R
The shift of Runway 9/27 to the west would alleviate over flight of
aircraft over residential neighborhoods. The analysis indicates there
would be a reduction of approximately 50 percent in the number of
currently affected persons in the 60-65 DNL contour intervals and the
elimination of all currently affected persons in the 65-70 DNL contour.
(Sponsor supplemental letter dated May 15, 2006; NCP, page ES-2, NCP
Recommendations; pages 162-163; and Table 11.16).
FAA Action: Approved for further study. The NCP recommends this
measure be further studied. Table 11.16 shows a reduction in DNL
impacts to 95 people and 3 sensitive receptors in the long-range
timeframe. If the study results in a final recommendation to shift the
runway 1,500 feet, it may not be implemented unless it meets all
applicable FAA criteria. These criteria include, but may not be limited
to, addressing the National Environmental Policy Act, 14 CFR part 150
study update criteria, applicable airspace and operational criteria,
and airport standards criteria. Federal funding assistance will be
based on availability of funds and justification at the time of
application.
Land Use Measures
1. Update County Airport Zoning Regulations
Consistent with Florida statute and with Florida DOT's District 4
recommendations, updated county regulations would include: Add 4 NM
airport notification; add school construction zones per Florida State
Chapter 333; publish noise zones at least three times a year; require
noise easements and/or sound insulation for new residential
construction within the DNL 60 dB noise contour. (Sponsor supplemental
letter dated May 15, 2006; NCP at page ES-2, NCP Recommendations; pages
182-184 and Table 12.2 at page 185; page 189; and page 194, Recommended
Land Use Compatibility Alternatives at section 12.6. Also see Figures
12.6, and 12.7.)
FAA Action: Approved. The Federal government has no authority to
control local land use; the local government has the authority to
implement this measure. Approval of this measure does not commit the
FAA to federal funding assistance.
2. Provide Ability to St. Lucie County to Purchase Land, Aviation
Easements, or Other Remedies to Minimize the Development of
Noncompatible Land Uses
This recommendation includes approval of remedial land use
recommendations so the County may acquire land relocate existing
residences within the current conditions (2005) DNL 60 dB notice
contour (see Table 10.2), or to alternately provide sound insulation or
noise easements for homes within that noise contour. (Sponsor
supplemental letter dated May 15, 2006; NCP, pages ES-2, Table 10.2 at
page 123, and page 194 section 12.6).
FAA Action: Disapproved for purposes of Part 150 with respect to
Airport Improvement Program (AIP) Funding. The areas proposed for
mitigation lie solely outside the DNL 65 dB noise contour. Section 189
of Public Law 108-176, Vision 100-Century of Aviation Reauthorization
Act, December 12, 2003 specifically prohibits FAA approval of Part 150
program measures that require AIP funding to mitigate aircraft noise
outside DNL 65 dB (through Fiscal Year 2007). section 189 does not
preclude the use of airport revenue outside DNL 65 dB. Also, the FAA
reminds the County of its policy that no structures built after October
1, 1998, are eligible for Federal funding for remedial mitigation (see
FAA policy at 63 FR 16409).
Implementation Measures
1. Pilot Education Program
St. Lucie County would publish noise abatement information to
enhance pilot participation. This is a continuation of an existing
measure. FPR has an established voluntary noise abatement program that
has been developed in close coordination with airport neighbors and
users. This program is published on the airport's Web site and
distributed to all tenants on the airport. In addition, publications
are distributed to all flight schools at other area airports to
familiarize them with FPR's noise abatement policies. (Sponsor
supplemental letter dated May 15, 2006; NCP, page ES-3, NCP
Recommendations; Section 12.7 of NCP, ``Implementation Related
Elements'' page 195).
FAA Action: Approved. Inserts or other information must not be
construed as mandatory air traffic procedures; the content of the
inserts are subject to specific approval by appropriate FAA officials
outside of the FAR Part 150 process and are not approved in advance by
this determination.
2. Community Information Program
St. Lucie County will publish noise contours at least three times a
year in a local paper of largest circulation and notify the board of
realtors. The pilot education program (IM-1, above) will effectively
reach the operators at FPR and will be structured to meet the needs of
pilots. This information must be translated into easy to understand
terminology and details for the general public. (Sponsor supplemental
letter dated May 15, 2006; NCP, pages ES-2 and ES-3, NCP
Recommendations, pages 182-184 and page 196)
FAA Action: Approved.
3. Routine review of NCP Implementation
This measure recommends that implementation of the NCP be received
periodically to determine the need for update. At a minimum, it is
recommended that the NEM be updated at the end of the five-year
forecast period. (Sponsor supplemental letter dated May 15, 2006; NCP,
pages ES-3, NCP Recommendations, and page 196).
FAA Action: Approved. An update to the NCP if made necessary be NEM
changes would address requirements of 150.23(e)(9). The FAA clarifies
herein
[[Page 62037]]
the requirements of 150.21, as described in the NCP at pages ES-3 and
196. Section 150.21(d), as amended states that the NEM should be
updated if there is either a substantial new noncompatible use within
the DNL 65 dB contour, or if there is a significant reduction in noise
over existing noncompatible land uses [69 FR 57622, dated 9/24/04].
4. FAA ATCT Procedures Development
The NCP contains several measures that will be implemented by the
FAA and the local ATC staff. In order to document and formalize the
recommended touch and go procedures, it is recommended a tower order be
developed. Tower orders are typically implemented under a Memorandum of
Agreement (MOA) between the airport sponsor (St. Lucie County) and the
FAA. The sponsor will coordinate development of existing and
recommended procedures (listed at page 197) with ATCT controllers to
ensure continuity. Costs are not eligible for State or Federal funding.
(Sponsor supplemental letter date May 15, 2006; NCP, page ES-3, NCP
Recommendations, and page 196-197).
FAA Action: Approved in concept. Coordination between the sponsor
and FAA could help ensure continuity. Not all measures listed on page
197 are appropriate for inclusion in a tower order. Existing and
operational measures within the NCP and approved in this ROA, that
normally would be included in a tower order (for example, the touch and
go procedures and altitudes), may be appropriate for consideration. The
FAA will determine the appropriate elements of the noise compatibility
program to include in any tower order, and the language describing
them, consistent with applicable Federal requirements.
5. Traffic Pattern Notification Lights for Training Aircraft
St. Lucie International Airport is home to one of the largest
flight training schools in the Treasure Coast Region (see pages 182-
184), with over 81,000 training operations per year. In order to
minimize the repeated noise of training aircraft over residential areas
located directly east of the airport, a system of permanently mounted
lights is recommended to be installed along U.S. Highway 1 to act as a
further landmark for student pilots, if practical, to initiate their
downwind/upwind leg of the training operation when utilizing Runway 9/
27. (Sponsor supplemental letter dated May 15, 2006; NCP page ES-3, NCP
Recommendations, and page 197).
FAA Action: Disapproved. There is insufficient analysis of the
placement of lighting or the expected noise benefits. There are no FAA-
approved standard for traffic pattern notification lights.
6. Noise Office Staffing
St. Lucie County should continue to employ a noise office staff
person. The monitoring of nighttime operations, program education, and
compliance and complaint response are an integral part of the noise
program. Costs for this position are not eligible for FAA funding.
(Sponsor supplemental letter dated May 15, 2006; NCP, page ES-3, NCP
Recommendations; and page 198.)
FAA Action: Approved.
These determinations are set forth in detail in a Record of
Approval signed by the FAA on August 21, 2006. 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 St. Lucie County Board of County
Commissioners. The Record of Approval also will be available on-line at
http://www.faa.gov/arp/environmental/14cfr150/index14.cfm.
Issued in Orlando, Florida, on October 4, 2006.
W. Dean Stringer,
Manager, Orlando, Airports District Office.
[FR Doc. 06-8790 Filed 10-19-06; 8:45 am]
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