[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21527]


[[Page Unknown]]

[Federal Register: August 31, 1994]


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DEPARTMENT OF TRANSPORTATION
 

Approval of Noise Compatibility Program, St. Lucie County 
International Airport, Ft. 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 Port and Airport Authority 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 February 2, 1994, the FAA determined that the 
noise exposure maps submitted by the St. Lucie County Port and Airport 
Authority under Part 150 were in compliance with applicable 
requirements. On July 29, 1994, the Administrator approved the St. 
Lucie County International Airport noise compatibility program. All of 
the recommendations of the program were approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the St. 
Lucie County International Airport noise compatibility program is July 
29, 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 St. Lucie 
County International Airport, effective July 29, 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 
noise compatibility program are delineated in FAR Part 150, Sec. 150.5. 
Approval is not a determination concerning the acceptability of land 
uses under Federal, state, or local law. Approval does not by itself 
constitute an FAA implementing action. A request for Federal action or 
approval to implement specific noise compatibility measures may be 
required, and 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 St. Lucie County Port and Airport Authority submitted to the 
FAA on January 26, 1994, the noise exposure maps, descriptions, and 
other documentation produced during the noise compatibility planning 
study conducted from October 11, 1991, through January 21, 1994. The 
FAA completed its review of the noise exposure maps and related 
descriptions submitted by the St. Lucie County Port and Airport 
Authority. The specific maps under consideration were 1992 ``EXISTING 
CONDITIONS'' NOISE EXPOSURE MAP and 1997 ``FUTURE CONDITIONS'' NOISE 
EXPOSURE MAP in the submission. The FAA determined that these maps for 
the St. Lucie County International Airport were in compliance with 
applicable requirements. This determination was effective on February 
2, 1994. FAA's determination on an airport operator's noise exposure 
maps in limited to a finding that the maps were developed in accordance 
with the procedures contained in Appendix A of FAR Part 150. Such 
determination does not constitute approval of the applicant's data, 
information or plans, or a commitment to approve a noise compatibility 
program or to fund the implementation of that program.
    The St. Lucie County International Airport study contains a 
proposed noise compatibility program comprised of actions designed for 
phased implementation by airport management and adjacent jurisdictions 
from the date of study completion to the year 1997. 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 February 2, 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 six (6) 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 29, 1994.
    Outright approval was granted for all six (6) of the specific 
program elements. The approval action was for the following program 
elements:

----------------------------------------------------------------------------------------------------------------
                           Measure and description                                         NCP pages            
----------------------------------------------------------------------------------------------------------------
                             Operational Measures                                                               
                                                                                                                
NA-1--Modify Flight Tracks. All jet aircraft departing the airport on Runway   Pgs. 12-3, 12-4, 14-1 and 14-6;  
 9 will be requested to maintain runway heading until reaching an altitude of   and Exhibit 12.1.               
 2,000 feet or until crossing the shoreline to reduce the number of                                             
 residences affected by noise east of the airport. Airport management will                                      
 request the air traffic control tower chief to prepare a tower directive to                                    
 implement this action. FAA Action: Approved as a voluntary measure.                                            
NA-2--Implement Noise Abatement Departure Procedure. Aircraft departing the    Pgs. 12-5, 12-7, 14-1, 14-2 and  
 airport on Runways 9 and 14 will be encouraged to use the National Business    14-7; Table 12.1; Exhibit 12.2; 
 Aircraft Association's ``close-in'' departure procedure or the aircraft        and Appendix C.                 
 manufacturer's recommended procedure. Airport management will prepare a                                        
 pamphlet to describe the noise sensitive areas around the airport and                                          
 explain the need for a noise abatement departure procedure. These will be                                      
 distributed to pilots through the fixed-base operators. FAA Action: Approved                                   
 as a voluntary measure.                                                                                        
NA-3--Continue Noise Complaint Procedure. Noise complaints will continue to                                     
 be recorded by the airport manager's office to identify when, where and how                                    
 often noise complaints occur. The complaint will be forwarded to the airport                                   
 director for a determination of whether additional action is required. If                                      
 the Aircraft was positively identified by the caller, airport management                                       
 will attempt to notify the aircraft owner about the complaint and, if                                          
 applicable, request that they follow the airport's noise abatement                                             
 procedures. FAA Action: Approved.                                                                              
                                                                               Pgs. 12-2, 14-2, 14-5, and 14-7. 
                              Land Use Measures                                                                 
                                                                                                                
LU-1--Revise Land Use Control Areas. It is recommended that the St. Lucie      Pgs. 13-2, 13-5, 13-6, 14-2, 14-5
 County Planning Department, with airport management assistance, review the     and 14-8; and Exhibit 13.1.     
 airport's land use control areas to reflect current and proposed airfield                                      
 development to provide the basis for zoning guidance and land use                                              
 recommendations within future runway approaches. This information should be                                    
 incorporated into the county's land development code. FAA Action: Approved                                     
 as a local land use prerogative. This measure calls for amendment of the                                       
 existing land use control areas to include areas off the ends of a proposed                                    
 new runway and to include a shift in the land use control area due to a                                        
 runway extension.                                                                                              
LU-2--Revise Land Use Recommendations. It is recommended that St. Lucie        Pgs. 13-2, 13-7, 14-2, 14-3, 14-5
 County revise their land use zoning to conform with the recommended zoning     and 14-8; and Exhibit 13.2.     
 in the Part 150 Noise Study. The land use zoning recommended for St. Lucie                                     
 Village in the previous Part 150 Noise Study would be deleted. FAA Action:                                     
 Approved as a local land use prerogative. The County's zoning would be                                         
 updated to provide for additional preventive mitigation within the area of                                     
 jurisdiction of the County. The NCP States that the airport operator has had                                   
 no success in gaining the cooperation of the village in changing land use                                      
 designations within the Village's jurisdiction and has withdrawn the measure                                   
 from its previously approved NCP (page 14-5). The 1992 NCP Indicates (pgs.                                     
 10-1 and 10-4) that no noncompatible land uses are within the existing or                                      
 future DNL 65 dB contour. Approval of this recommendation to revise land                                       
 uses does not extend to approval of acquisition of property shown on Exhibit                                   
 13.2. The County has not recommended these properties for acquisition in                                       
 this NCP (pg. 14-3) and does not include noncompatible land uses within the                                    
 DNL 65 dB contour.                                                                                             
LU-3--Review Site Designs. It is recommended that development proposals        Pgs. 13-2, 14-3, 14-5 and 14-8.  
 within two miles of the airport continue to be reviewed by airport                                             
 management prior to the issuance of building permits. This will allow                                          
 airport management to advise the County planning department whether the                                        
 proposed development is or is not compatible with the airport's projected                                      
 noise levels. FAA Action: Approved as a local land use prerogative. This                                       
 action was approved in the 1988 NCP and has been ongoing for several years.                                    
----------------------------------------------------------------------------------------------------------------

    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on July 29, 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 St. Lucie County 
Port and Airport Authority.

    Issued in Orlando, Florida on August 17, 1994.
Charles E. Blair,
Manager, Orlando Airports District Office.
[FR Doc. 94-21527 Filed 8-30-94; 8:45 am]
BILLING CODE 4910-13-M