[Federal Register Volume 60, Number 233 (Tuesday, December 5, 1995)]
[Notices]
[Pages 62285-62287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29566]



-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration


Approval of Noise Compatibility Program, Southwest Florida 
International Airport, Ft. Myers, FL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by the Lee County 
Port Authority under the provisions of Title I of the Aviation Safety 
and Noise Abatement Act of 1979 (Pub. L. 96-193) and 14 CFR Part 150. 
These findings are made in recognition of the description of Federal 
and nonfederal responsibilities in Senate Report No. 96-52 (1980). On 
November 21, 1994, the FAA determined that the noise exposure maps 
submitted by the Lee Country Port Authority under Part 150 were in 
compliance with applicable requirements. On May 17, 1995, the FAA 
determined that the revised future noise exposure map was in compliance 
with applicable requirements. On November 13, 1995, the Administrator 
approved the Southwest Florida 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 
Southwest Florida International Airport noise compatibility program is 
November 13, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Tommy J. Pickering, P.E., Federal 
Aviation Administration, Orlando Airports District Office, 9677 
Tradeport Drive, Suite 130, Orlando, Florida 32827-5397, (407) 648-
6583, Extension 29. Documents reflecting this FAA action may be 
reviewed at this same location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the noise compatibility program for Southwest 
Florida International Airport, effective November 13, 1995.
    Under Section 104(a) of the Aviation Safety and Noise Abatement Act 
of 1979 (hereinafter referred to as ``the Act''), an airport operator 
who has previously submitted a noise exposure map may submit to the FAA 
a noise compatibility program which sets forth the measures taken or 
proposed by the airport operator for the reduction of existing 
noncompatible land uses and prevention of additional noncompatible land 
uses within the area covered by the noise exposure maps. The Act 
requires such programs to be developed in consultation with interested 
and affected parties including local communities, government agencies, 
airport users, and FAA personnel.
    Each airport noise compatibility program developed in accordance 
with Federal Aviation Regulations (FAR) Part 150 is a local program, 
not a Federal program. The FAA does not substitute its judgment for 
that of the airport proprietor with respect to which measure should be 
recommended for action. The FAA's approval or disapproval of FAR Part 
150 program recommendations is measured according to the standards 
expressed in Part 150 and the Act, and is limited to the following 
determinations:
    a. The noise compatibility program was developed in accordance with 
the provisions and procedures of FAR Part 150;
    b. Program measures are reasonably consistent with achieving the 
goals of reducing existing noncompatible land uses around the airport 
and preventing the introduction of additional noncompatible land uses;
    c. Program measures would not create an undue burden on interstate 
or foreign commerce, unjustly discriminate against types or classes of 
aeronautical users, violate the terms of airport grant agreements, or 
intrude into areas preempted by the Federal government; and
    d. Program measures relating to the use of light 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 

[[Page 62286]]
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 
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 Lee County Port Authority submitted to the FAA on November 7, 
1994, the noise exposure maps, descriptions, and other documentation 
produced during the noise compatibility planning study conducted from 
January 1994 through April 1995. The Southwest Florida International 
Airport noise exposure maps were determined by FAA to be in compliance 
with applicable requirements on November 21, 1994. The revised future 
noise map was determined by FAA to be in compliance with applicable 
requirements on May 17, 1995. Notice of these determinations was 
published in the Federal Register.
    The Southwest Florida 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 2000. 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 May 17, 1995, 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 fifteen (15) 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 November 13, 
1995.
    The noise compatibility program, pages VII-1 through VII-4, 
incorporate by reference all of the noise compatibility program 
measures previously approved by the FAA in 1990. A copy of the FAA's 
1990 Record of Approval is included as Appendix H to this noise 
compatibility program. The airport operator proposes to maintain as 
effective all previously approved measures except a modification to 
reduce thrust on departures (page VII-2).
    Out right approval was granted for all of the specific program 
controls. The approval action was for the following program controls:

                                              Operational Measures                                              
----------------------------------------------------------------------------------------------------------------
   Operational control No.                        Description                                NCP pages          
----------------------------------------------------------------------------------------------------------------
1...........................  The Alico One SID is recommended to continue.       pgs. VII-2 to VII-6; Exhibit  
                               Adjustments to account for drift should be made     17; Tables 11 & 12; and      
                               by ATC to avoid drift into residential              Appendix G.                  
                               communities. FAA Action: Approved.                                               
2...........................  It is recommended that once a full Stage 3 fleet    pgs. VII-2 to VII-6; Exhibit  
                               occurs at the Airport, destination turns related    17; Tables 11 & 12; and      
                               to the Alico One SID should not begin until the     Appendix G.                  
                               aircraft reach an altitude of 4,000 feet to                                      
                               increase use of the Alico Corridor and increase                                  
                               altitude over residential areas. FAA Action:                                     
                               Approved.                                                                        
3...........................  In ATC's upcoming airspace evaluation, include in   pgs. VII-6 to VII-7; Exhibit  
                               the evaluation the directing of commuter aircraft   17; Tables 11 & 12; and      
                               departing on Runway 24 to northern destinations     Appendix G.                  
                               to turn over I-75 to reduce noise over                                           
                               residential areas north of the Alico Corridor. In                                
                               the interim, use the Alico Corridor as much as                                   
                               possible for commuter departures. FAA Action:                                    
                               Approved.                                                                        
4...........................  Establish a 1,600 foot minimum altitude to be       pgs. VII-7 to VII-8 and Table 
                               maintained over the outer marker for IFR arrivals   12.                          
                               to Runway 6. This will maintain altitude over                                    
                               residential areas. FAA Action: Approved.                                         
5...........................  It is recommended that the Airport maintain the     pgs. VII-7 to VII-9 and Table 
                               current ILS approach until the GPS is available.    12.                          
                               At that time, the GPS should be analyzed for                                     
                               possible implementation of GPS arrival                                           
                               procedures. This will provide for future                                         
                               flexibility in reducing arrival noise by avoiding                                
                               densely developed residential areas. FAA Action:                                 
                               Approved.                                                                        
6...........................  Eliminate the close-in turn for departures off      pgs. VII-8 to VII-9; Exhibit  
                               Runway 6 to reduce impacts on Gateway Elementary    17; and Tables 11 & 12.      
                               School by having ATC tower personnel delay                                       
                               switching to departure control until aircraft                                    
                               have cleared the northeast end of the Runway. FAA                                
                               Action: Approved.                                                                
7...........................  It is recommended that the ``distant'' procedures   pg. VII-10 and Table 12.      
                               for departures from RSW be implemented consistent                                
                               with FAA Advisory Circular No. 91-53A, Noise                                     
                               Abatement Departure Profiles. FAA Action:                                        
                               Approved.                                                                        
8...........................  When operating simultaneous departures, divergence  pgs. VII-10 and VII-11.       
                               should occur on Runways 6L and 24L to maximize                                   
                               the use of noise abatement procedures. With the                                  
                               proposed divergence, departures on Runway 6 would                                
                               continue to follow noise abatement turns north of                                
                               Gateway. FAA Action: Approved.                                                   
----------------------------------------------------------------------------------------------------------------


                                                                                                                

[[Page 62287]]
                                                Land Use Measures                                               
----------------------------------------------------------------------------------------------------------------
Land use control measure No.                      Description                                NCP pages          
----------------------------------------------------------------------------------------------------------------
1...........................  This measure is recommended to provide for noise    pgs. VII-12 to -13, VII-25 to -
                               and avigation easements over property within the    26, VII-33 to -34, VII-40 to -
                               extended Airport Noise Overlay Zones 2 and 3 to     42 & VII-44 to -45; Exhibits 
                               be dedicated to Lee County for any use permitted    16, 20 & 21; and Table 13.   
                               by these zoning codes. This results in                                           
                               notification to those proposing future                                           
                               development within the Noise Overlay Zones and                                   
                               will provide protection to the airport from                                      
                               development near the airport. FAA Action:                                        
                               Approved.                                                                        
2...........................  It is recommended that Noise Overlay Zones 2 and 3  pgs. VII-12 to -13, VII-17,   
                               be extended in the Airport vicinity based on the    VII-25 to -26, VII-40 to -46;
                               1999 (with parallel runway and runway extensions)   Exhibits 16, 20 & 21; and    
                               NEM. Zone 2 and Zone 3 consists of those areas of   Table 13.                    
                               land encompassed by the 60 DNL and 65 DNL                                        
                               respectively. No mobile homes are permitted in                                   
                               Zone 2. Zone 3 does not allow homes, churches,                                   
                               libraries, schools, hospitals, correctional                                      
                               institutions or nursing homes in the area. This                                  
                               will help promote future land use compatibility                                  
                               development in new areas in Lehigh Acres, Timber                                 
                               Trails and south of Alico Road, will extend                                      
                               protection within Alico Corridor, and will assist                                
                               in the implementation of Land Use Control                                        
                               Measures 1 and 4. Noise Overlay Zones in                                         
                               Southeast Gateway should be maintained. FAA                                      
                               Action: Approved.                                                                
3...........................  It is recommended that current and future land use  pgs. VII-12 to -16, VII-41,   
                               designations in the Lee Plan be maintained within   VII-43 & VII-45, Exhibits 14 
                               the Alico Corridor and Timber Trails areas. This    & 21; and Table 13.          
                               will maintain areas for future compatible                                        
                               development (Alico Corridor) and effectively                                     
                               discourage incompatible residential development                                  
                               (Timber Trails). FAA Action: Approved.                                           
4...........................  It is recommended that the building code be         pgs. VII-14 to -15, VII-37 to -
                               amended to provide the property owner with          38 & VII-44 to -45; and Table
                               optional sound attenuation specifications for new   13.                          
                               dwellings located with the boundary of Noise                                     
                               Overlay Zone 3. This will address noise impacts                                  
                               on new noise sensitive uses that are vested and                                  
                               can be constructed in both the Alico Corridor and                                
                               Timber Trails areas. FAA Action: Approved The FAA                                
                               strongly discourages any new noncompatible                                       
                               construction within the DNL 65 dB noise contour.                                 
                               Any new construction within this noise contour                                   
                               may not be eligible for Federal funding for                                      
                               airport noise mitigation..                                                       
5...........................  It is recommended that the Lee Plan Future Land     pgs. VII-17, VII-26 to -32 and
                               Use Designation be amended to designate an area     VII-42 to -43; Exhibits 14 & 
                               south of Alico Road and immediately east and west   20; and Table 13.            
                               of I-75 for Industrial Commercial use (University                                
                               spin-off area). This will promote land use                                       
                               compatibility and allow for a more logical and                                   
                               cohesive development in an area that will                                        
                               experience aircraft overflights and noise from                                   
                               the proposed new parallel runway. FAA Action:                                    
                               Approved.                                                                        
6...........................  It is recommended that the Lee County Zoning        pgs. VII-17, VII-21 to 25 and 
                               regulations be amended to support commercial use    VII-42; Exhibits 15 & 20; and
                               zoning in areas south of Alico Road and             Table 13.                    
                               immediately east and west of I-75. This will                                     
                               ensure that residential development does not                                     
                               occur in areas that will be subject to                                           
                               overflights and sideline noise from the proposed                                 
                               new parallel runway. FAA Action: Approved.                                       
7...........................  It is recommended that information regarding noise  pgs. VII-34 to -35 & VII-46;  
                               exposure in the vicinity of the Airport and         and Table 13.                
                               sample disclosure statements be distributed to                                   
                               all real estate agents in the area. This will                                    
                               provide the agents with a written notice of a                                    
                               property's location relative to the Airport and                                  
                               certain aircraft noise levels that may be                                        
                               incompatible with residential and other noise-                                   
                               sensitive land uses. The dissemination of this                                   
                               information may also enhance the Airport's                                       
                               position in the event of legal action. FAA                                       
                               Action: Approved.                                                                
----------------------------------------------------------------------------------------------------------------


    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on November 13, 1995. 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 Lee County Port 
Authority.

    Issued in Orlando, Florida on November 28, 1995.
Charles E. Blair,
Manager, Orlando, Airports District Office.
[FR Doc. 95-29566 Filed 12-4-95; 8:45 am]
BILLING CODE 4910-13-M