[Federal Register Volume 62, Number 34 (Thursday, February 20, 1997)]
[Notices]
[Pages 7815-7818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4204]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Tallahassee Regional 
Airport, Tallahassee, 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 
Tallahassee, Florida, 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 non-Federal responsibilities in Senate Report No. 96-52 
(1980). On June 25, 1996, the FAA determined that

[[Page 7816]]

the noise exposure maps submitted by the City of Tallahassee, Florida, 
under Part 150 were in compliance with applicable requirements. On 
December 20, 1996, the Administrator approved the Tallahassee Regional 
Airport noise compatibility program. Thirteen (13) of fifteen (15) 
recommendations of the program were approved in full. Two 
recommendations were partially approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the 
Tallahassee Regional Airport noise compatibility program is December 
20, 1996.

FOR FURTHER INFORMATION CONTACT:
Mr. Tommy J. Pickering, P.E., Federal Aviation Administration, Orlando 
Airports District Office, 5950 Hazeltine National Drive, Suite 400, 
Orlando, Florida 32822-5024, (407) 812-6331, 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 Tallahassee 
Regional Airport, effective December 20, 1996.
    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 of 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 City of Tallahassee, Florida, submitted to the FAA on June 4, 
1996, updated noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from January 3, 1994 through May 30, 1996. The Tallahassee 
Regional Airport noise exposure maps were determined by FAA to be in 
compliance with applicable requirements on June 25, 1996. Notice of 
this determination was published in the Federal Register.
    The Tallahassee 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 2001. 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 25, 1996, 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 December 20, 
1996.
    Outright approval was granted for thirteen (13) of the fifteen (15) 
specific program measures. Two (2) measures were partially approved. 
The approval action was for the following program measures:

[[Page 7817]]



                                              Operational Controls                                              
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  Operational control number                       Description                                NCP pages         
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1............................  Balance the air carrier and military jet departure   Pgs. 35-36; p. 12; and Table
                                activity on Runways 27 and 36 (approximately 40      14.                        
                                percent of the departure activity on each runway)                               
                                to reduce noise exposure north of the airport.                                  
                                Departure activity on other runways should remain                               
                                the same as the current conditions. This measure                                
                                recommends a modification of Air Traffic Control                                
                                procedures to increase the use of Runway 27                                     
                                departures of air carrier and military jet                                      
                                activity to approximately 40 percent and to reduce                              
                                departure of these aircraft to approximately 40                                 
                                percent on Runways 36. For military jet                                         
                                departures, approximately 40 percent of these                                   
                                represent touch and go activity and would need to                               
                                remain on Runway 36. The remaining military jet                                 
                                activity would be assigned to the same as the                                   
                                proposed air carrier activity. Other aircraft                                   
                                runway utilization would remain the same as the                                 
                                current condition. This would reduce noise                                      
                                exposure on sensitive areas north of the Airport                                
                                and reduce the number of impacts within their 65                                
                                DNL contour by 53 people. FAA Action: Approved as                               
                                a voluntary measure.                                                            
2............................  This measure recommends the implementation of a      Pgs. 36-37; Table 14; and AC
                                ``close-in'' departure procedure for Runways 36      91-53.                     
                                and 09 and a ``distant'' departure for Runway 18                                
                                based on Advisory Circular 91-53A. This will                                    
                                increase aircraft altitude over noise sensitive                                 
                                areas south of the Airport and reduce noise levels                              
                                in residential areas north and east of the                                      
                                Airport. FAA Action: Approved as a voluntary                                    
                                measure.                                                                        
3............................  This measure recommends that when precision          Pg. 37 and Table 14.        
                                approach Global Positioning System (GPS)                                        
                                technology becomes available, a GPS should be                                   
                                installed and alternative approach procedures to                                
                                Runway 27 should be reviewed to determine if                                    
                                approach track modifications are warranted. This                                
                                will provide for future flexibility in reducing                                 
                                arrival noise to areas east of the Airport. FAA                                 
                                Action: Approved in part. FAA approves the review                               
                                of alternative approach procedures to Runway 27 to                              
                                determine if approach track modifications are                                   
                                warranted for noise benefits when precision                                     
                                approach GPS technology becomes available. The                                  
                                airport operator may submit supplemental                                        
                                information, including the noise benefits, upon                                 
                                completion of its review and may request approval                               
                                under Part 150 of specified approach procedures to                              
                                be used. However, the installation of a GPS under                               
                                Part 150 is disapproved. The primary benefits of a                              
                                GPS would be related to a development upgrade                                   
                                rather than noise benefits. This does not prevent                               
                                the installation of a GPS outside of Part 150.                                  
4............................  This measure supports the Federal legislation for    Pg. 37 and Table 14.        
                                the phase-out of Stage 2 aircraft by the year                                   
                                2000. The phase-out of Stage 2 aircraft will                                    
                                reduce the impact of aircraft noise on areas                                    
                                surrounding the Airport. FAA Action: Approved as                                
                                an expression of airport operator support for the                               
                                Federal transition sechedule.                                                   
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                                                Land Use Measures                                               
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   Land use control number                         Description                                NCP pages         
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1............................  This measure recommends that current zoning for the  Pg. 42-43; Exhibit 12; and  
                                City of Tallahassee and Leon County be amended to    Tables 13 & 15.            
                                implement noise overlay zoning to supplement the                                
                                underlying zoning categories. Overlay Zone 1                                    
                                should be associated with the 60 DNL contour and                                
                                Zone 2 should be associated with the 65 DNL                                     
                                contour using identifiable features to define the                               
                                limits. Generally, residential uses, churches,                                  
                                hospitals and schools would be excluded from the                                
                                65 DNL contour and consideration would be given to                              
                                precluding the location of additional mobile homes                              
                                from the 60 DNL contour and above. This could                                   
                                preclude the potential for future incompatible                                  
                                development in areas subject to overflight and                                  
                                noise exposure. FAA Action: Approved.                                           
2............................  It is recommended that current zoning for the City   Pgs. 43-44; Exhibits 11 and 
                                of Tallahassee and Leon County be changed to         13; and Tables 13 & 15.    
                                designate land north of the Airport, east of Sand                               
                                Road, West of Capitol Circle S.W., and south of                                 
                                S.R. 20 for future compatible forms of commercial                               
                                and industrial development; and to designate land                               
                                north of S.R. 20, west of Capitol Circle S.W.,                                  
                                south of Gum Road and east of a north-south line                                
                                situated approximately 3,600 feet west of Capitol                               
                                Circle S.W. for low density residential                                         
                                development. This would preclude the potential for                              
                                future incompatible development in areas subject                                
                                to overflight and noise exposure. FAA Action:                                   
                                Approved in part. The portion of this                                           
                                recommendation related to any new residential                                   
                                development, regardless of density, does not meet                               
                                Part 150 approval criteria to prevent the                                       
                                introduction of noncompatible land uses and is                                  
                                disapproved. This disapproval for purposes of Part                              
                                150 is not intended to discourage planning efforts                              
                                to reduce the potential for future noncompatible                                
                                land uses.                                                                      
3............................  It is recommended that existing building codes for   Pgs. 44-45 and Tables 13 &  
                                the City of Tallahassee and Leon County be amended   15.                        
                                to require soundproofing in new residential and                                 
                                noise sensitive institutional land uses (churches,                              
                                hospitals, etc.) that may occur within the                                      
                                composite current and future 65 DNL noise                                       
                                contours. This addresses noise impacts which may                                
                                occur on new noise sensitive uses in undeveloped                                
                                areas. The application of these standards should                                
                                only impact vested residential lots or parcels                                  
                                available for development, and only if the                                      
                                acquisition program proposed is not implemented.                                
                                FAA Action: Approved. Sound attenuation consistent                              
                                with Part 150 Table 1 will make these structures                                
                                compatible. The FAA believes that the prevention                                
                                of additional residential land uses within the DNL                              
                                65dB contour is highly preferred over allowing                                  
                                such uses even at lower densities and combined                                  
                                with sound attenuation. The airport operator and                                
                                local land use jurisdiction are urged to pursue                                 
                                all possible avenues to discourage new residential                              
                                development within these levels of noise exposure.                              
4............................  It is recommended that the City of Tallahassee and   Pgs. 47-48 and Tables 13 &  
                                Leon County amend the current Tallahassee-Leon       15.                        
                                County Comprehensive Plan to incorporate the                                    
                                recommendations of the updated FAR part 150 Noise                               
                                Compatibility Study into the provisions of their                                
                                planning document. This would identify noise and                                
                                land use compatibility areas within the aircraft                                
                                noise impact areas. FAA Action: Approved.                                       

[[Page 7818]]

                                                                                                                
5............................  It is recommended that procedures be implemented to  Pg. 48 and Tables 13 & 15.  
                                factor noise compatibility considerations into the                              
                                project review process of local planning                                        
                                commissions, Boards of Adjustment and staff review                              
                                of land development proposals. This measure would                               
                                include the development of specific checklist                                   
                                items relating to issues of noise compatibility                                 
                                and a map showing the area where noise                                          
                                compatibility issues are critical. FAA Action:                                  
                                Approved.                                                                       
6............................  It is recommended that the Broadmoor Estates Mobile  Pgs. 50-51; Exhibit 13; and 
                                Home Park be considered for voluntary fee simple     Tables 13 & 15.            
                                acquisition and the present occupants be relocated                              
                                to other compatible locations not impacted by                                   
                                aircraft related noise. This would remove                                       
                                approximately 210 residences (incompatible land                                 
                                uses) from high noise contour areas. FAA Action:                                
                                Approved.                                                                       
7............................  It is recommended that a voluntary purchase program  Pgs. 49-52; Exhibit 13; and 
                                be implemented for the acquisition of all 52         Tables 13 & 15.            
                                existing single-family residential units in The                                 
                                Cascades, depending upon the extent of                                          
                                neighborhood disruption, and 17 existing                                        
                                predominantly mobile homes located near the                                     
                                eastern terminus of Sullivan Road. This would                                   
                                remove these residences from high noise contour                                 
                                areas. FAA Action: Approved as a voluntary measure.                             
8............................  Acquisition is recommended for three parcels of      Pgs 52-53; Exhibit 13; and  
                                undeveloped land located almost entirely within      Tables 13 & 15.            
                                the 65dB contour: west of Capitol Circle S.W.,                                  
                                south of Jackson Bluff Road, and north of Lake                                  
                                Cascade that has the potential for residential                                  
                                development. This will provide positive control                                 
                                over land use within high noise contour areas or                                
                                land available for potential residential                                        
                                development. FAA Action: Approved. This measure is                              
                                subject to a determination at the time of                                       
                                implementation that the purchase is necessary to                                
                                prevent new noncompatible development because                                   
                                noncompatible development on the vacant land is                                 
                                highly likely and local land use controls will not                              
                                prevent such development.                                                       
9............................  It is recommended that as a final option, owners of  Pgs. 53-54; Exhibit 13; and 
                                noise impacted property who either opt not to        Tables 13 & 15.            
                                participate in the voluntary purchase program, or                               
                                whose dwellings are not technologically or                                      
                                financially feasible to undergo soundproofing will                              
                                be offered the opportunity to sell an avigation                                 
                                easement to the airport. The avigation easement                                 
                                purchase offer will be made only after the                                      
                                completion of the voluntary purchase program and                                
                                the residential soundproofing program is                                        
                                completed. This will provide protection to the                                  
                                airport from litigation and will provide                                        
                                notification to future residents of noise                                       
                                exposure. FAA Action: Approved.                                                 
10...........................  It is recommended that soundproofing should be       Pgs. 54-55; Exhibit 13; and 
                                offered as an option to owners of permanent          Tables 13 & 15.            
                                residential structures located within the DNL 65dB                              
                                voluntary purchase areas, if in doing so, it is                                 
                                both technologically feasible and cost efficient.                               
                                The soundproofing option would not commence until                               
                                completion of the voluntary acquisition program.                                
                                Mobile homes would not be eligible. This would                                  
                                address impacts on existing residences and result                               
                                in notification of future residents of noise                                    
                                impacts. In exchange for the soundproofing, the                                 
                                residents will be required to dedicate an easement                              
                                and nonsuite covenant to the airport. FAA Action:                               
                                Approved.                                                                       
11...........................  It is recommended that the City of Tallahassee and   Pg. 46 and Tables 13 & 15.  
                                Leon County should continue practicing                                          
                                environmental land use controls during their                                    
                                development review process. This supports the                                   
                                prohibition of residential land use within noise                                
                                impacted portions of the study area. FAA Action:                                
                                Approved.                                                                       
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    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on December 20, 1996. 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 City of 
Tallahassee, Florida.

    Issued in Orlando, Florida on February 4, 1997.
Charles E. Blair,
Manager, Orlando Airports District Office.
[FR Doc. 97-4204 Filed 2-19-97; 8:45 am]
BILLING CODE 4910-13-M