[Federal Register Volume 59, Number 225 (Wednesday, November 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28920]


[[Page Unknown]]

[Federal Register: November 23, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 

Approval of Noise Compatibility Program, Central Florida Regional 
Airport, Sanford, 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 Sanford 
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 September 16, 1993, the FAA determined that the noise 
exposure maps submitted by the Sanford Airport Authority under Part 150 
were in compliance with applicable requirements. On April 19, 1994, the 
FAA determined that the revised future noise exposure map was in 
compliance with applicable requirements. On October 14, 1994, the 
Administrator approved the Central Florida Regional Airport noise 
compatibility program. Twelve (12) recommendations of the program were 
approved and one (1) recommendation was partially approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the Central 
Florida Regional Airport noise compatibility program is October 14, 
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 the Central 
Florida Regional Airport, effective October 14, 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 compatability 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, 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 Sanford Airport Authority submitted to the FAA on September 13, 
1993, the noise exposure maps, descriptions, and other documentation 
produced during the noise compatibility planning study conducted from 
September 4, 1992, through April 11, 1994. The Central Florida Regional 
Airport noise exposure maps were determined by FAA to be in compliance 
with applicable requirements on September 16, 1993. A revised future 
noise exposure map was submitted to the FAA on March 8, 1994. The 
revised future noise exposure map was determined by FAA to be in 
compliance with applicable requirements on April 19, 1994. Notice of 
these determinations was published in the Federal Register.
    The Central Florida Regional Airport study contains a proposed 
noise compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
the date of study completion to the year 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 April 19, 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 thirteen (13) 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 October 14, 
1994.
    Outright approval was granted for twelve (12) of the specific 
program elements. One (1) program element for property acquisition was 
partially approved. Property acquisition associated with incompatible 
land uses was approved and property acquisition associated with 
compatible uses was disapproved. The approval action was for the 
following program elements:

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                       Measure and description                                         NCP pages                
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                                              Operational Controls                                              
                                                                                                                
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1. Backcourse Non-Precision Approach on Runway 27R. It is recommended  Pgs. VI-7 to VI-10 and Table 8.          
 that a backcourse non-precision approach procedure be established on                                           
 Runway 27R and that a voluntary flight procedure be established to                                             
 maximize the use of an approach from the east by high performance                                              
 aircraft when weather conditions permit during nightime hours (10                                              
 p.m.--7 am). Property east of the airport is mostly undeveloped                                                
 whereas property west of the airport is mostly developed and this                                              
 measure can be accomplished without new equipment being installed.                                             
 FAA Action: Approved. Use of this voluntary flight procedure is                                                
 subject to the authority of the pilot-in-command                                                               
2. GPS Approach on Runway 27R. It is recommended that when GPS         Pgs. VI-7 to VI-11 and Table 8.          
 equipment is available, a GPS non-precision approach procedure be                                              
 established on Runway 27R. Once criteria for precision approaches is                                           
 developed, it is recommended that a GPS precision approach procedure                                           
 be established to Runway 27R. This will allow maximum use of an                                                
 approach from the east over mostly undeveloped property. FAA Action:                                           
 Approved. Use of these voluntary procedures is subject to the                                                  
 authority of the pilot-in-command                                                                              
3. Modification of Touch-and-Go Training Routes. It is recommended     Pgs. VI-11 and VI-12, Exhibit 14A and    
 that the touch-and-go training routes be modified to minimize          Table 8.                                
 flyovers of existing elementary schools and residential areas. This                                            
 would be implemented through letters to flight schools operating at                                            
 the airport. FAA Action: Approved as a voluntary measure. The draft                                            
 letter to flight schools shown as Appendix XI in the NCP should be                                             
 modified to reflect the voluntary nature of the proposed changes in                                            
 the traffic pattern                                                                                            
4. Preferential Runway System. When the backcourse and GPS approach    Pgs. VI-12, VI-13 and Table 8.           
 procedures on Runway 27R are operable, it is recommended that during                                           
 nighttime hours (10 p.m.--7 am), operations east of the airport be                                             
 maximized when weather and traffic conditions permit. This will                                                
 reduce the number of nighttime flyovers for communities located west                                           
 of the airport. Property east of the airport is mostly undeveloped.                                            
 FAA Action: Approved as a voluntary measure                                                                    
5. Federal Noise Controls on High Performance Aircraft Engines. It is  Pgs. VI-13 and Table 8.                  
 recommended that the phase out schedule for Stage 2 aircraft above                                             
 75,000 pounds through December 31, 1999, required by FAR Part 91 be                                            
 supported. No further controls on aircraft specifically related to                                             
 Central Florida Regional Airport are recommended. FAA Action:                                                  
 Approved as an expression of airport operator support for the                                                  
 Federal transition schedule                                                                                    
6. Community Coordination Forum. The Airport Authority will establish  Pgs. VI-14 and Table 8.                  
 a plan for information exchange between the Airport Authority, the                                             
 City of Sanford and Seminole County to give the Airport the                                                    
 opportunity to review potential land use decisions and to express                                              
 its views over potential incompatible development in the vicinity of                                           
 the airport. FAA Action: Approved                                                                              
                                                                                                                
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                                                Land Use Controls                                               
                                                                                                                
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1. Comprehensive Plan Modifications. It is recommended that the next   Pg. VII-11 and Table 9.                  
 updates of the Seminole County and City of Sanford Comprehensive                                               
 Plans reflect the land use modifications recommended in the Part 150                                           
 Noise Compatibility Program. FAA Action: Approved                                                              
2. Land Use and Zoning. Within areas east and south of the airport it  Pgs. VII-6 and VII-7, Exhibit 16 and     
 is recommended that proposed land use and zoning be modified to        Table 9.                                
 reflect noise compatible land uses and that the area southeast of                                              
 the airport be developed with uses compatible with Airport activity.                                           
 FAA Action: Approved                                                                                           
3. Avigation Easements. It is recommended that avigation easements     Pg. VII-1, VII-7, VIII-5 and 6, Map C,   
 for the right of flight and noise exposure be required as part of      and Table 9.                            
 any new site plan or subdivision approval within the 55 DNL contour.                                           
 FAA Action: Approved. Section VIII of the NCP indicates that this no                                           
 cost, preventive measure identifies the DNL 55dB contour for                                                   
 purposes of future land use planning. This is within the authority                                             
 of the local land use jurisdictions                                                                            
4. Airport Notification. It is recommended that the Airport be         Pgs. VII-7 and Table 9.                  
 notified by local governments of applications and hearing dates for                                            
 changes in land use or zoning within the flight corridor area. This                                            
 will allow the Airport to provide input on these requests. FAA                                                 
 Action: Approved                                                                                               
5. Vegetative Buffers. It is recommended that a vegetative buffer      Pgs. VII-7 and VII-8, Exhibit 16A, and   
 with a minimum depth of 100 feet be planted along the periphery of     Table 9.                                
 the airport adjacent to abutting incompatible uses where FAR Part 77                                           
 requirements will allow. When the growth is mature, a 3-5 dBA                                                  
 reduction in peak (Lmax) noise would be anticipated. FAA Action:                                               
 Approved                                                                                                       
6. Earth Berms. It is recommended that earth berms (15-20 feet high    Pg. VII-8, Exhibit 16A, and Table 9.     
 or more) be constructed along the periphery of the airport adjacent                                            
 to abutting incompatible land uses when soil material is available                                             
 from other activities at the Airport and FAR Part 77 requirements                                              
 will allow. Depending on the availability of fill material, a                                                  
 combination of berms and vegetative buffers could occur. An                                                    
 immediate reduction of about 5 dBA in peak noise levels (Lmax) would                                           
 be provided. FAA Action: Approved                                                                              
7. Property Acquisition. It is recommended that the Sanford Airport    Pgs. VII-8 to VII-11, Exhibit 15, Map C, 
 Authority, subject to available funding from either the State of       and Table 9.                            
 Florida or the FAA, purchase off-Airport lands within 65 DNL. This                                             
 property currently includes both zoning for compatible and non-                                                
 compatible development. Property acquisition would be through                                                  
 negotiation with the property owner, condemnation, or the                                                      
 development of a purchase assurance program where the Airport would                                            
 agree to acquire properties at fair market value from a property                                               
 owner who wishes to sell. Any homes that are acquired will be                                                  
 removed. Land acquisition and relocation of residents by negotiation                                           
 or condemnation are governed by regulations issued under the                                                   
 provisions of the Uniform Relocation Assistance Act (49 CFR Part                                               
 24). Properties acquired through the purchase assurance option will                                            
 involve acquisition at fair market value only. Acquired noise land                                             
 will either be retained for aviation use or resold for a compatible                                            
 use. Net proceeds from the resale of noise land acquired with AIP                                              
 noise funds will be reimbursed to FAA or applied to other eligible                                             
 noise reduction projects. FAA Action: Approved in part. Approval                                               
 with respect to the acquisition of property and other measures                                                 
 associated with incompatible land uses within the 65 DNL noise                                                 
 contour. Disapproved with respect to the acquisition of other                                                  
 property and other measures associated with compatible uses (i.e.,                                             
 industrial property within the 65 DNL contour). Local governments                                              
 retain the right to acquire compatible property outside of the Part                                            
 150 program                                                                                                    
----------------------------------------------------------------------------------------------------------------

    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on October 14, 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 Sanford Airport 
Authority.

    Issued in Orlando, Florida on November 9, 1994.
Charles E. Blair,
Manager, Orlando Airports District Office.
[FR Doc. 94-28920 Filed 11-22-94; 8:45 am]
BILLING CODE 4910-13-M