[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Notices]
[Pages 65373-65376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30779]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program, Ft. Lauderdale-Hollywood
International Airport, Ft. Lauderdale, 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 Broward
County Aviation Department 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 June 1, 1995, the FAA determined that the noise exposure
maps submitted by the Broward County Aviation Department under Part 150
were in compliance with applicable requirements. On November 28, 1995,
the Administrator approved the Ft. Lauderdale-Hollywood 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 Ft.
Lauderdale-Hollywood International Airport noise compatibility program
is November 28, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Tommy J. Pickering, P.E., The
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 Ft.
Lauderdale-Hollywood International Airport, effective November 28,
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 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 Broward County Aviation Department submitted to the FAA on May
22, 1995, updated noise exposure maps, descriptions, and other
documentation produced during the noise compatibility planning study
conducted from November 25, 1992 through May 18, 1995. The Ft.
Lauderdale-Hollywood International Airport noise exposure maps were
determined by FAA to be in compliance with applicable requirements on
June 1, 1995. Notice of this determination was published in the Federal
Register.
The Ft. Lauderdale-Hollywood 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 June 1, 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 twelve (12) 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 28,
1995.
Outright approval was granted for ten (10) of the twelve (12)
specific program measures. Two (2) measures were partially approved.
The approval action was for the following program controls:
[[Page 65374]]
Operational Measures
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Noise Abatement Measure
Number Description NCP Pages
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1........................ Preferential Flight Tracks: This measure recommends Pgs. 6-1, 6-10, 6-11 and 7-1;
continued use of preferential flight tracks at the Table 7-1; and Appendices A
Airport as diagrammed on the exhibits in Appendix A and B.
of the NCP report. These procedures are implemented
through the Informal Runway Use Program, Appendix
B. FAA Action: Approved as a voluntary measure.
2........................ Noise Abatement Departure Procedures: This measure Pgs. 6-1, 6-10, 6-11 and 7-1;
recommends continued use of existing noise Table 7-1; and Appendix B.
abatement departure procedures at the Airport as
indicated in the Informal Runway Use Program
(Appendix B). Departures 9L, 9R, 27R, 27L: Remain
on runway heading until 3,000 feet or three (3)
miles. Departure 13: Turn left heading 090 degrees
as soon as practical, maintain 090 degrees until
reaching 3,000 feet or three (3) miles. Departure
31: Turn left heading 270 degrees as soon as
practical, maintain 270 degrees until reaching
3,000 feet or three (3) miles. FAA Action: Approved
as a voluntary measure.
3........................ Preferential Runway Use: This measure recommends Pgs. 6-1, 6-2, 6-10, 6-11, 6-
continued preferential runway use provided in the 31, 6-32, 7-1; Table 7-1; and
Airport's Informal Runway Use Program (Appendix B). Appendix B.
The program applies to all turbojet aircraft
regardless of weight and includes the following
runway use procedures. Runway 9L is the preferred
runway and is the calm wind runway. All turbojet
arrivals and departures will use Runway 9L-27R.
Runway 9R-27L is closed from 2200-0700 local time
for noise abatement. This nighttime closure of
Runway 9R-27L has not affected the operational
capability and capacity of Runway 9L-27R. FAA
Action: Approved as a voluntary measure.
4........................ Airport Noise Monitoring Program: This measure will Pgs. 6-2, 6-3, 6-10, 6-11, 7-1,
continue the Airport Noise Monitoring Program to 7-2; and Table 7-1.
include, among other things, provision of staff
services by the Broward County Aviation Department
(BCAD) on behalf of the Airport Noise Abatement
Committee (ANAC), monitoring the operation of the
Airport's permanent noise monitoring system,
administration of an Airport users education
program, and administration of a public information
program as described in the Fort Lauderdale-
Hollywood International Airport FAR Part 150
Program Update. FAA Action: Approved.
5........................ Test of Noise Abatement Departure Profiles: This Pgs. 6-11, 6-12, 7-2; and Table
measure recommends a test of the noise abatement 7-1.
departure profiles (NADPs) described in FAA
Advisory Circular 91-53A be conducted at FLL to
determine the noise-related benefits of requesting
the airlines serving the Airport to use either
``close-in'' or ``distant'' community NADP when
specific aircraft types are being operated on
specific runways. The test will measure differences
in SEL values and be used to calculate the
anticipated changes in cumulative noise exposure.
Test results will be used to prepare
recommendations for selection of the NADP with the
greatest noise benefit for individual aircraft
types being operated from the different runways at
the Airport. Such recommendations would be
implemented by seeking voluntary compliance from
the airlines serving the Airport. FAA Action:
Approved in concept. FAA approves further study to
determine whether a close-in or distant procedure
is the most beneficial for particular runways.
However, an actual test of procedures is not
necessary as the benefits of the procedures
described in FAA Advisory Circular 91-53A may be
modeled using the INM.
6........................ Stage 2 Preferential Runway Use: This measure Pgs. 6-13, 7-2, 7-3; Table 7-1;
recommends BCAD and the ATCT manager take all and Appendix B.
actions necessary to restrict all stage 2 aircraft
to Runway 9L-27R except when wind, weather,
maintenance, operational, or emergency conditions
require the use of Runway 13-31 or 9R-27L. In
addition to air carriers, this would include any
Stage 2 business jets as well as air taxi/commuter
aircraft. The NCP recommends implementing this
measure in the Tower Order through an amendment to
the Informal Runway Use Program. Stage 2 business
jet operations on Runway 9R-27L are considered to
be largely responsible for sideline noise impacts
immediately south of the airport (in the Melaleuca
Gardens neighborhood). FAA Action: Approved as
voluntary.
7........................ Relocate Engine Maintenance Runup Facility: This Pgs. 6-14 to 6-17, 7-3; and
measure will relocate the aircraft engine Table 7-1.
maintenance runup facility from its present site on
Runway 13-31 to the east end of Runway 9L-27R
following removal of the BCAD ``Chassis Master''
maintenance area from the latter location. Engine
noise at the new location can be directed toward
the east away from any existing or planned
residential development. FAA Action: Approved.
8........................ Permanent Noise and Operations Monitoring System: It Pgs. 6-2, 6-3, 7-3; and Table 7-
is recommended the 1987 FAR Part 150 Noise 1.
Compatibility Program be amended to include the
installation and use of a permanent noise and
operations monitoring system at the Airport. This
includes reimbursement for the existing permanent
monitoring system and the installation of a radar
direct connect to upgrade the system. (pgs. 6-2, 6-
3, 7-3; and Table 7-1). FAA Action: Approved.
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[[Page 65375]]
Land Use Measures
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1........................ Acquistion of Real Property by Condemnation: It is Pgs. 6-4 to 6-8, 7-3; Exhibits
recommended that the 1987 FAR Part 150 Noise 5-2 and 6-1; Table 7-2; and
Compatibility Program be amended so as to include Exhibits IX-2 and IX-3 of the
the Trail's End Mobile Home Park in Dania and the 1987 Part 150 Program
unincorporated Ravenswood neighborhood south of SW Technical Report (as revised
39th Street, west of Ravenswood Road, north of the in December 1988 and certified
Dania Cut-off Canal, and east of the Alandco/TCW in January 1989).
property line within the land use management
category ``Acquisition (Condemnation)'' instead of
``Acquisition (at Homeowner's Request)''. The
respective land use categories are shown on
Exhibits IX-2 and IX-3 of the 1987 Part 150 Program
Technical Report (as revised in December 1988 and
certified in January 1989). Broward County has
already acquired these properties as part of the
(1987 approved) land acquisition program by means
of condemnation rather than by voluntary
acquisition. The condemnation process was used at
the request of virtually all of the homeowners. FAA
Action: Approved.
2........................ Easement Acquisition: It is recommended that Broward Pgs. 6-9, 6-20, 6-21, 7-3, 7-4;
County acquire avigation easements from the owners Exhibit 5-2; and Table 7-2.
of certain noise-sensitive properties located
within the Ldn 65-70 contour area, as shown on
Exhibit 5-2, Future (1997) Conditions Noise
Exposure Map. This acquisition program would
involve three residential areas and three mobile
home parks. FAA Action: Approved in part, with
respect to easement acquisition for noise
compatibility purposes from owners of single-family
residences, from owners of multi-family residential
property, and from the mobile home park owners.
Easement valuation and acquisition requirements and
criteria are not included within the scope of FAR
Part 150, but are addressed by other FAA program
requirements concerning the acquisition of real
property on FAA grant assisted projects. It is
noted that the proposed valuation and acquisition
process for this measure do not conform to these
requirements, and significant modification of the
described easement valuation and acquisition
process would be required to secure reimbursement
of costs under a FAA grant. The measure is
Disapproved in part for purposes of Part 150, with
respect to the described payments proposed to be
made personally to mobile home owner occupants in
addition to the proposed easement acquisition from
the mobile home park owner. These proposed
additional payments do not contribute to the goals
of reducing existing noncompatible land use and
preventing the introduction of additional
noncompatible land uses.
3........................ Voluntary Sales Assistance: It is recommended that Pgs. 6-9, 6-21, 6-22 and 7-4,
the BCAD assist eligible single-family homeowners Exhibit 5-2; and Table 7-2.
to sell their property and relocate from the 1997
Ldn 65-70 area. Such assistance would be in the
form of specified relocation payments if an
eligible property were to be sold within 3 years
after an offer had been made by Broward County to
purchase an avigation easement from the owner(s)
and an appropriate avigation easement had been
acquired from an eligible owner. FAA Action:
Approved. The measure is approved with respect to
the provision of specified relocation payments as a
sales assistance measure. It is noted for the
application of this measure that owners accepting
assistance on the sale of their homes are not
displaced persons, as defined under the Uniform Act
(49 CFR 24.2(g)(2)(viii)), and are not entitled to
relocation assistance payments described under the
Uniform Act for Federally assisted projects. Also,
it is noted that reliance on valuation and
acquisition procedures described for the above
easement acquisition measure may not be acceptable
for FAA grant funding.
4........................ Soundproofing: It is recommended that BCAD complete Pgs. 6-8, 6-23 and 7-4; Exhibit
the Wesley Chapel United Methodist Church 5-2; and Table 7-2.
insulation project and offer once again to sound
insulate Edgewood Elementary School in Fort
Lauderdale and the Church of the Resurrection in
Dania as required to provide an interior sound
level of Ldn 45 or less. An easement would be
conveyed in return for the sound insulation of
Edgewood School and the Church of the Resurrection.
FAA Action: Approved.
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[[Page 65376]]
These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on November 28, 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 Broward County
Aviation Department.
Issued in Orlando, Florida on December 12, 1995.
Charles E. Blair,
Manager, Orlando Airports District Office.
[FR Doc. 95-30779 Filed 12-18-95; 8:45 am]
BILLING CODE 4910-13-M