[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19789]


[[Page Unknown]]

[Federal Register: August 12, 1994]


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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

 

Approval of Noise Compatibility Program; Kissimmee Municipal 
Airport, Kissimmee, 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 
Kissimmee 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 
January 11, 1994, the FAA determined that the noise exposure maps 
submitted by the City of Kissimmee under Part 150 were in compliance 
with applicable requirements. On July 8, 1994, the Administrator 
approved the Kissimmee Municipal Airport noise compatibility program. 
Most of the recommendations of the program were approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the 
Kissimmee Municipal Airport noise compatibility program is July 8, 
1994.

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 Kissimmee 
Municipal Airport, effective July 8, 1994.

    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 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 
nose 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 Kissimmee submitted to the FAA on December 2, 1993, the 
noise exposure maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from July 1, 
1991, through November 29, 1993. The Kissimmee Municipal Airport noise 
exposure maps were determined by FAA to be in compliance with 
applicable requirements on January 11, 1994. Notice of this 
determination was published in the Federal Register on January 28, 
1994.
    The Kissimmee Municipal 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 January 11, 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 nineteen (19) 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 July 8, 1994.
    Outright approval was granted for seventeen (17) of the specific 
program elements. One (1) proposed action element was approved in part 
and one (1) proposed action element was disapproved for purposes of 
Part 150 pending submission of sufficient information to make an 
informed analysis under Part 150 criteria. The approval action was for 
the following program elements:

------------------------------------------------------------------------
 Measure              Description                      NCP pages        
------------------------------------------------------------------------
                          Operational Measures                          
                                                                        
OC1.......  The airport director will work    Pgs. 5-10 and 6-1, and    
             with the airship (blimp)          Table 6-1.               
             operators to develop takeoff/                              
             landing flight track procedures                            
             to avoid adjacent noise                                    
             sensitive areas during periods                             
             of heavy airship traffic at the                            
             airport. The procedures will                               
             develop flight plans for each                              
             airship operator to use a                                  
             takeoff and landing direction                              
             toward the middle of the                                   
             airport where Runways 15-33 and                            
             6-24 intersect and will                                    
             consider current overall demand                            
             and weather conditions at the                              
             airport. FAA Action:                                       
             Disapproved for purposes of                                
             Part 150 pending the submission                            
             of sufficient information to                               
             make an informed analysis under                            
             Part 150 criteria. The NCP                                 
             includes no information on the                             
             noise impacts of the blimps or                             
             on noise benefits of the                                   
             proposed measure. The airport                              
             may either submit sufficient                               
             information for a Part 150                                 
             approval or may implement the                              
             proposed procedures for                                    
             operational reasons provided                               
             that the procedures meet                                   
             established guidelines under                               
             FAR Part 91.                                               
OC2.......  All turbojet and turboprop        Pgs. 5-9, 5-10, and 6-2;  
             aircraft operators will be        Table 6-1; and Appendices
             requested to use the NBAA         G and I.                 
             arrival and close-in departure                             
             procedures. The operators of                               
             turbojet-powered aircraft which                            
             have a maximum certificated                                
             takeoff weight over 75,000                                 
             pounds will be requested to use                            
             the FAR Part 91.87 standard                                
             noise abatement departure                                  
             profiles. FAA Action: Approved                             
             in part. The use of the NBAA                               
             procedures for turbojet and                                
             turboprop aircraft less than                               
             75,000 pounds Gross Takeoff                                
             Weight is approved as a                                    
             voluntary measure. Subsequent                              
             to the preparation of this NCP,                            
             FAR Part 91 was recodified and                             
             Advisory Circular 91-53A                                   
             outlining Noise abatement                                  
             procedures for large aircraft                              
             was issued. Since there has                                
             been a change in guidance not                              
             contemplated by the NCP, the                               
             measure suggesting use of                                  
             specific departure procedures                              
             for large aircraft is                                      
             disapproved pending receipt of                             
             additional information                                     
             specifying the procedure to be                             
             used and describing its noise                              
             benefits.                                                  
OC3.......  Voluntary preferential flight     Pgs. 5-11, 5-12, 6-2, and 
             track procedures are proposed     6-3; Exhibit 5-8, and    
             for implementation at the         Table 6-1.               
             airport as follows: Turbo-jet                              
             and turbo-prop aircraft                                    
             departing Runway 15 will be                                
             requested to maintain runway                               
             heading as long as possible                                
             while climbing and to initiate                             
             a turn to any heading only                                 
             after reaching an altitude of                              
             1,300 feet MSL or reaching a                               
             point along the extended                                   
             centerline past the                                        
             intersection of Route 17-92 and                            
             just before the west shoreline                             
             of Lake Tohopekaliga (which is                             
             further defined as the                                     
             intersection of the extended                               
             runway centerline and the 175                              
             deg. radial from the Orlando                               
             VOR). VFR traffic remaining in                             
             the airport's standard traffic                             
             patterns should maintain runway                            
             heading upon departure until                               
             reaching an altitude of 700                                
             feet AGL. IFR traffic taking                               
             off from Runway 33 will fly the                            
             extended runway centerline                                 
             until reaching an altitude of                              
             500 feet AGL. At that time the                             
             aircraft may be turned to an on-                           
             course or a typical westerly                               
             heading depending upon local                               
             traffic conditions and the                                 
             aircraft's destination.                                    
             Typically aircraft departing                               
             Runway 33 will not go north or                             
             east because of conflicts with                             
             MCO. These measures will be                                
             subject to traffic at the                                  
             airport, local traffic at                                  
             Kissimmee, and current weather                             
             conditions. FAA Air Traffic                                
             will approve and control use of                            
             such procedures, and the City                              
             of Kissimmee will publicize the                            
             measures to pilots. FAA Action:                            
             Approved as a voluntary measure.                           
                                                                        
                            Land Use Measures                           
                                                                        
PC1.......  The City of Kissimmee and         Pgs. 5-33, 5-34, and 6-3; 
             Osceola County both have          and Table 6-2.           
             Comprehensive Plans that                                   
             address land use compatibility                             
             in the vicinity of the airport                             
             to some extent. It is                                      
             recommended that the                                       
             Comprehensive Plans be revised                             
             to incorporate the Noise                                   
             Exposure Maps developed in this                            
             Part 150 Noise Study. This will                            
             be effective in reducing non-                              
             compatible development in                                  
             vacant areas impacted by the                               
             future DNL 65 dB noise exposure                            
             contour. FAA Action: Approved.                             
             This measure will be effective                             
             in preventing the introduction                             
             of new non-compatible                                      
             development.                                               
PC2.......  The City of Kissimmee has an      Pgs. 5-34 to 5-36, and 6- 
             ordinance which establishes       3; Tables 4-4 and 6-2;   
             noise zones for Runway 15-33      and Appendix C.          
             based on aircraft noise levels.                            
             This ordinance establishes land                            
             use restrictions and sound                                 
             level requirements for                                     
             construction which are related                             
             to the noise zones. It is                                  
             recommended that the noise zone                            
             descriptions in the ordinance                              
             be changed to conform with the                             
             NEM. This will ensure that the                             
             areas of applicability for                                 
             airport related noise control                              
             measures are correctly defined.                            
             FAA Action: Approved.                                      
PC3.......  Osceola County does not           Pgs. 5-34 to 5-36, and 6- 
             currently have an airport noise   4; and Tables 4-4 and 6- 
             zoning ordinance. It is           2.                       
             recommended that Osceola County                            
             develop overlay zoning to                                  
             supplement the existing land                               
             zoning. This would prevent non-                            
             compatible development of                                  
             vacant areas in Osceola County                             
             within the noise contours. FAA                             
             Action: Approved.                                          
PC4.......  The City of Kissimmee Noise       Pgs. 5-36, 5-37, and 6-4; 
             Ordinance has a real estate       Table 6-2; and Appendices
             sales disclosure provision        C and D.                 
             which requires that a                                      
             notification of potential noise                            
             impacts be given to prospective                            
             purchasers of residential                                  
             property located in noise Zones                            
             B (DNL 70 to 75) and C (DNL 65                             
             to 70). No residential                                     
             development is allowed in noise                            
             Zone A (DNL 75 and above). A                               
             listing of property requiring                              
             notification is maintained and                             
             updated yearly. This ordinance                             
             requires that a disclosure                                 
             statement be completed for the                             
             sale of all residential                                    
             property located in a noise                                
             Zone which is filed with the                               
             property deed. This measure                                
             recommends that the current                                
             noise disclosure statement be                              
             revised to include an                                      
             additional clause and that the                             
             disclosure statement be made                               
             available to all title                                     
             companies and real estate                                  
             agents in the Kissimmee area.                              
             The measure also recommends                                
             that the exact location of                                 
             affected properties be                                     
             coordinated with the Osceola                               
             County Property Appraiser's                                
             office and that the Osceola                                
             County regulations be modified                             
             to add a real estate sales                                 
             disclosure provision to a                                  
             County noise ordinance. This                               
             measure will provide                                       
             notification of the possibility                            
             of aircraft flyovers and                                   
             airport generated noise to                                 
             prospective purchasers of                                  
             residential property within the                            
             DNL 65 noise contour. FAA                                  
             Action: Approved. The FAA                                  
             strongly discourages additional                            
             residential development in                                 
             areas with noise exposure                                  
             levels greater than DNL 65dB.                              
PC5.......  It is recommended that the Noise  Pgs. 5-37 and 6-4; Exhibit
             Exposure Maps (NEM) and other     4-5; Tables 4-4 and 6-2; 
             criteria that were developed in   and Appendix C.          
             this Part 150 Noise Study be                               
             adopted into the Kissimmee City                            
             Code. It is also recommended                               
             that Osceola County develop a                              
             County noise ordinance                                     
             compatible with the City's                                 
             ordinance. This will provide                               
             the City and County with the                               
             latest NEM documentation for                               
             determining compatible land                                
             uses within the noise zones and                            
             criteria for sound level                                   
             reduction requirements for                                 
             structures. FAA Action:                                    
             Approved. The FAA strongly                                 
             discourages the development of                             
             additional noise sensitive uses                            
             within the DNL 65dB contour                                
             rather than allowing such uses                             
             if sound attenuated. This is,                              
             however, a matter within the                               
             jurisdiction of the City and                               
             County and if such development                             
             is deemed necessary by those                               
             bodies, the houses should be                               
             sound attenuated during                                    
             construction.                                              
PC6.......  It is recommended that City and   Pgs. 5-37 and 6-4; and    
             County subdivision regulations    Table 10.                
             be modified to help ensure that                            
             adequate disclosure of airport                             
             generated noise is provided                                
             where needed. FAA Action:                                  
             Approved.                                                  
PC7.......  It is recommended that an         Pgs. 5-38 and 6-4; and    
             interlocal agreement between      Table 6-2.               
             the City of Kissimmee and                                  
             Osceola County providing that a                            
             formal site plan review for                                
             development within the DNL 65                              
             noise contour be established.                              
             This will provide the City and                             
             Airport with an opportunity to                             
             review and respond to the                                  
             potential compatibility of                                 
             proposed development in the                                
             County with the operation and                              
             future plans of the airport.                               
             FAA Action: Approved.                                      
PC8.......  It is recommended that the City   Pgs. 5-38, 5-39, 6-4, and 
             of Kissimmee and Osceola County   6-5; Table 6-2; and      
             adopt acoustical treatment        Appendix C.              
             standards for new structures                               
             within noise Zones of DNL 65                               
             exposure and above, and that                               
             these standards be included in                             
             their local comprehensive                                  
             plans, local development codes,                            
             and noise ordinances. This will                            
             be effective in reducing                                   
             interior noise levels for all                              
             new construction within the                                
             noise zones where land uses                                
             could not be re-zoned to more                              
             compatible uses. FAA Action:                               
             Approved. The FAA strongly                                 
             discourages the development of                             
             additional noise sensitive uses                            
             within the DNL 65dB contour                                
             rather than allowing such uses                             
             if sound attenuated. This is,                              
             however, a matter within the                               
             jurisdiction of the City and                               
             County and if such development                             
             is deemed necessary by those                               
             bodies, the houses should be                               
             sound attenuated during                                    
             construction.                                              
PC9.......  Subject to available funding,     Pgs. 5-38, 5-39, 6-4, and 
             the City of Kissimmee, with the   6-5; and Table 6-2.      
             owner's consent, will purchase                             
             vacant property located within                             
             the DNL 65, 70, or 75 noise                                
             contours that is expected to be                            
             developed for non-compatible                               
             use. Purchase will be                                      
             considered only if other                                   
             measures such as the purchase                              
             of development rights or other                             
             less costly methods will not be                            
             effective in a particular case.                            
             Acquired noise property will                               
             either be retained for aviation                            
             use as needed or resold for a                              
             compatible use. FAA Action:                                
             Approved, subject to an                                    
             evaluation at the time of                                  
             implementation that the                                    
             property is within the DNL 65                              
             contour, and to a determination                            
             that the property either has                               
             been zoned incompatibly or is                              
             in imminent danger of being                                
             developed incompatibly unless                              
             it is acquired by the airport                              
             operator.                                                  
PC10......  Subject to available funding,     Pgs. 5-37 and 6-9; and    
             the City of Kissimmee will        Table 6-2.               
             purchase the development rights                            
             of vacant property within the                              
             DNL 65, 70, or 75 noise                                    
             contours which cannot be                                   
             purchased outright. This will                              
             compensate property owners for                             
             limiting proposed development                              
             to compatible uses. FAA Action:                            
             Approved.                                                  
PC11......  The City of Kissimmee will        Pgs. 5-39 and 6-5; and    
             establish a noise committee       Table 6-2.               
             with City and County residents                             
             to monitor noise complaints and                            
             provide a channel of                                       
             communication between the                                  
             public and the airport. FAA                                
             Action: Approved.                                          
PC12......  It is recommended that the City   Pgs. 5-39, 5-40, and 6-5; 
             of Kissimmee and Osceola County   Table 6-2; and Appendix  
             incorporate or reference          R.                       
             Florida Statute 333, Airport                               
             Zoning Law of 1945, in their                               
             respective comprehensive plans                             
             and land development codes. The                            
             power to adopt airport zoning                              
             regulations is included in                                 
             section 333.03. FAA Action:                                
             Approved.                                                  
RC1.......  It is recommended that the City   Pgs. 5-40 and 6-6; Exhibit
             of Kissimmee, subject to          5-5; and Table 6-3.      
             available funding and with the                             
             owner's consent, purchase                                  
             existing non-compatible                                    
             residential property. Acquired                             
             noise property will either be                              
             retained for aviation use as                               
             needed or resold for a                                     
             compatible use. Net income from                            
             the resale of property acquired                            
             with AIP noise funds would be                              
             returned to the AIP fund or                                
             used to purchase other eligible                            
             noise impacted lands. FAA                                  
             Action: Approved.                                          
RC2.......  It is recommended that a          Pgs. 5-41 and 6-6; Exhibit
             redevelopment program be          5-5; and Table 6-3.      
             established where the city of                              
             Kissimmee would acquire                                    
             existing non-compatible                                    
             properties located within the                              
             DNL 65 noise contour.                                      
             Structures would be demolished                             
             or remodeled for a compatible                              
             use, and the acquired land                                 
             would either remain the                                    
             property of the City or be                                 
             resold with avigation easements                            
             attached to ensure long-term                               
             compatibility. The cost of                                 
             demolition or removal of                                   
             structures would be deducted                               
             from the income derived from                               
             resale of the property. Net                                
             income from the resale of                                  
             property acquired with AIP                                 
             noise funds would be returned                              
             to the AIP fund or used to                                 
             purchase other eligible noise                              
             impacted lands. FAA Action:                                
             Approved. This approval does                               
             not constitute any                                         
             determination with respect to                              
             AIP eligibility. Parts of this                             
             redevelopment program may be                               
             ineligible for Federal funding,                            
             as the airport operator                                    
             recognizes in the NCP.                                     
RC3.......  It is recommended that the City   Pgs. 5-42 and 6-6; Exhibit
             of Kissimmee or Osceola County,   5-5; and Table 6-3.      
             with consent of the owners,                                
             purchase avigation easements to                            
             be held by the City for                                    
             property located within the DNL                            
             65, 70, or 75 noise contours if                            
             the land acquisition and                                   
             redevelopment programs are not                             
             possible. The easement may be                              
             acquired in exchange for                                   
             acoustical treatment of an                                 
             existing structure. FAA Action:                            
             Approved.                                                  
RC4.......  It is recommended that, subject   Pgs. 5-41, 5-42 and 6-6;  
             to available funding, the City    Exhibit 5-5; Table 6-3;  
             of Kissimmee establish an         and Appendix C.          
             acoustical treatment program to                            
             consider all eligible existing                             
             non-compatible buildings                                   
             located within the DNL 65 noise                            
             contour where acquisition and                              
             conversion to compatible use                               
             cannot be accomplished.                                    
             Eligibility will be determined                             
             by interior noise monitoring to                            
             determine if the need for                                  
             acoustical treatment exists                                
             under the City's Noise                                     
             Ordinance. Acoustical treatment                            
             would be performed on a                                    
             priority basis with schools                                
             first, single family homes                                 
             second, and multi-family homes                             
             and apartment complexes third.                             
             A structure within the DNL 70                              
             noise contour would be treated                             
             before a structure within the                              
             DNL 65 but outside the DNL 70                              
             noise contour. It is                                       
             recommended that specific                                  
             consideration be given to                                  
             Pleasant Hill Elementary School                            
             and Osceola High School. FAA                               
             Action: Approved. Further                                  
             specific consideration of                                  
             acoustical treatment for                                   
             Pleasant Hill Elementary school                            
             and Osceola High School should                             
             include consideration of the                               
             location of the DNL 65 dB                                  
             contour and revised noise                                  
             zones. AIP funding may not be                              
             available to fund projects                                 
             located in areas outside the                               
             DNL 65 dB contour.                                         
------------------------------------------------------------------------

    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on July 8, 1994. 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 the City of 
Kissimmee.

    Issued in Orlando, Florida on July 25, 1994.
Charles E. Blair,
Manager, Orlando Airports District Office.
[FR Doc. 94-19789 Filed 8-11-94; 8:45 am]
BILLING CODE 4910-13-M