[Federal Register Volume 62, Number 222 (Tuesday, November 18, 1997)]
[Notices]
[Pages 61574-61578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30228]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program: Naples Municipal 
Airport, Naples, 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 City of 
Naples 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 April 
2, 1997, the FAA determined that the noise exposure maps submitted by 
the City of Naples under Part 150 were in compliance with applicable 
requirements. On September 29, 1997, the Administrator approved the 
Naples Municipal Airport noise compatibility program. Most of the 
program measures were fully approved. Four (4) measures was partially 
approved and one (1) measure was disapproved.

EFFECTIVE DATE: The effective date of the FAA's approval of the Naples 
Municipal Airport noise compatibility program is September 29, 1997.

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, (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 Naples 
Municipal Airport, effective September 29, 1997.
    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 City of Naples submitted to the FAA on March 24, 1997, updated 
noise exposure maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from April 3, 
1995 through March 21, 1997. The Naples Municipal Airport noise 
exposure maps were determined by FAA to be in compliance with 
applicable requirements on April 2, 1997. Notice of this determination 
was published in the Federal Register.
    The Naples Municipal 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 2002. It was requested that 
FAA evaluate and approve this material as a noise compatibility program 
as

[[Page 61575]]

described in Section 104(b) of the Act. The FAA began its review of the 
program on April 2, 1997, 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) proposal 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 September 29, 
1997.
    Outright approval was granted for ten (10) of the fifteen (15) 
specific program measures. Four (4) measures were partially approved 
and one (1) measure was disapproved. The approval action was for the 
following program controls:

----------------------------------------------------------------------------------------------------------------
         Noise abatement measure                          Description                          NCP pages        
----------------------------------------------------------------------------------------------------------------
                                              OPERATIONAL MEASURES                                              
----------------------------------------------------------------------------------------------------------------
7.2.1  Preferential Runway..............  It is recommended that the existing         Pages 3-3 to 3-8 and 7-1; 
                                           preferential runway measure to maximize     Tables 3-1 to 3-3, 3-16, 
                                           the use of Runway 4 for departures and      7-1 and 7-2; and Figures 
                                           Runway 22 for arrivals for aircraft with    3-1 and 3-2.             
                                           departure noise levels exceeding 76.4                                
                                           EPNdB to continued in order to take                                  
                                           advantage of the low sensitivity to noise                            
                                           of the commercial/industrial development                             
                                           located northeast of the airport.                                    
                                           Implementation is based on pilot                                     
                                           education and preferential runway                                    
                                           assignment by the air traffic controllers                            
                                           when the tower is open. FAA Action:                                  
                                           Approved.                                                            
7.2.2  Flight Procedures................  This measure recommends elimination of the  Pages 3-12, 3-13, and 7-3;
                                           existing restriction to initial climb       Figure 3-4; and Tables 3-
                                           altitudes on departure from Naples          6, 3-16 and 7-2.         
                                           Municipal Airport (APF) to 2,000' above                              
                                           sea level (ASL). FAA Action: Disapproved.                            
                                           This measure will not have a significant                             
                                           noise reduction. In addition, it could                               
                                           interfere with air traffic safety and                                
                                           efficiency because the altitude limit is                             
                                           initially necessary to ensure separation                             
                                           from other traffic in the area and is                                
                                           removed by the controller when the                                   
                                           aircraft is radar identified and                                     
                                           separation is assured.                                               
7.2.3 Flight Paths......................  Revised Visual Flight Rules (VFR) noise     Pages 3-16 to 3-31, 7-3   
                                           abatement departure flight paths have       and 7-4; Tables 3-8 to 3-
                                           been proposed for each runway at the        11, 3-16 and 7-2; and    
                                           airport to reduce noise by moving traffic   Figures 3-5 to 315.      
                                           away from developed areas.                                           
                                          Runway 4--early left turn. Aircraft would                             
                                           fly just to the east of Airport-Pulling                              
                                           Road and would avoid the residential                                 
                                           communities in the area.                                             
                                          Runway 22--right turn. Aircraft would move                            
                                           away from the majority of the residential                            
                                           dwellings which are located southwest of                             
                                           the airport.                                                         
                                          Runway 13--early left turn. This track                                
                                           turns aircraft just north of Davis                                   
                                           Boulevard, away from the residential                                 
                                           development south of Davis.                                          
                                          Runway 31--the existing departure, with a                             
                                           right turn, would impact the least number                            
                                           of people due to the fact that the                                   
                                           aircraft do not overfly the coastline                                
                                           with its density packed residential units.                           
                                          The FAA must also develop procedures which                            
                                           allow the pilots to fly these preferred                              
                                           flight paths. This is typically                                      
                                           accomplished through SIDs or STARs, which                            
                                           are departure or arrival paths defined by                            
                                           radio navigation aids. Current systems                               
                                           such as the VOR, located on and off the                              
                                           airport, already provide this capability,                            
                                           but newer technology has even greater                                
                                           promise. Two newer systems, the Global                               
                                           Positioning System (GPS) and Transponder                             
                                           Landin System (TLS) could be used to                                 
                                           define complex curved approach or                                    
                                           departure paths which could be used to                               
                                           keep aircraft away from densely populated                            
                                           residential areas. The NAA has applied                               
                                           for state grants to install the TLS                                  
                                           system by the end of the fiscal year                                 
                                           1997. FAA Action: Approved in part as a                              
                                           voluntary measure. The recommended noise                             
                                           abatement departure flight paths are                                 
                                           approved as voluntary. The measure is                                
                                           disapproved in part, for purposes of Part                            
                                           150, for that portion of the proposal                                
                                           which recommends use of the GPS and TLS                              
                                           to define complex curved approach and                                
                                           departure paths, pending submission of                               
                                           additional information describing the                                
                                           noise benefits of these techniques when                              
                                           technology becomes available.                                        
7.2.4  Helicopters......................  It is recommended that the existing noise   Pages 3-31, 3-32 and 7-4; 
                                           abatement measures for helicopters be       and Tables 3-7, 3-16, 7-1
                                           continued including modification of take-   and 7-2.                 
                                           off areas to implement common centralized                            
                                           departure areas and education of                                     
                                           helicopter pilots. Helicopter pilots have                            
                                           agreed to depart from midfield, rather                               
                                           than runway ends, in order to obtain as                              
                                           much altitude as possible before                                     
                                           departing the airport and helicopters                                
                                           will follow the fixed wing routes on the                             
                                           crosswind runway. The Naples Airport                                 
                                           Authority (NAA) will maintain contact                                
                                           with pilot operators to modify these                                 
                                           procedures, if necessary, and work out                               
                                           additional issues as they arise. FAA                                 
                                           Action: Approved as a voluntary measure.                             

[[Page 61576]]

                                                                                                                
7.2.5  Use Restrictions.................  This following measures were adopted by     Pages 3-32 to 3-42 and 7- 
                                           ordinance effective May 15, 1996, and are   4; Tables 3-12 to 3-14, 3-
                                           proposed for FAA approval in this Part      16 and 7-4; and Figures 3-
                                           150 document. The measures include: a.      16 and 3-17);            
                                           nighttime elimination of Stage 1 aircraft   supplemental information 
                                           use of the airport; b. voluntary curfew     submitted from NAA by    
                                           of Stage 2 and 3 jets during nighttime      letter dated July 31,    
                                           hours; c. future nighttime elimination of   1997.                    
                                           Stage 2 aircraft after the beginning of                              
                                           the year 2000, which is the target for                               
                                           the federal phase-out of Stage 2 aircraft                            
                                           weighing greater than 75,000 pounds.                                 
                                           These restrictions would not apply to                                
                                           emergency flights, medical or government                             
                                           flights, or other flights which are for                              
                                           the benefit of public health, safety, and                            
                                           welfare. A Part 161 study may be                                     
                                           appropriate or required. FAA Action: a.                              
                                           Approved, with respect to the Stage 1                                
                                           ban. The airport operator has submitted                              
                                           supplemental information by letter dated                             
                                           July 31, 1997, which has been made part                              
                                           of this ROA, to support that Stage 1                                 
                                           operators have been successfully able to                             
                                           comply with this measure. The NCP states                             
                                           that this measure would reduce the                                   
                                           population impacted within the DNL 65dB                              
                                           noise contour from 158 to 0 for the 5-                               
                                           year time frame. This measure has been in                            
                                           effect since May 1996 with no apparent                               
                                           concern by affected operators regarding                              
                                           undue burden on interstate or foreign                                
                                           commerce (see supplemental information                               
                                           submitted by airport operator). However,                             
                                           should impacts on air commerce occur                                 
                                           which cannot be foreseen at the time of                              
                                           this approval, the FAA will reevaluate                               
                                           this determination in view of new factual                            
                                           information to ascertain whether it still                            
                                           meets the standards for Part 150 approcal                            
                                           or whether approval should be withdrawn                              
                                           in accordance with section 105.35(d)(6).                             
                                           b. Disapproved for purposes of Part 150                              
                                           pending submission of sufficient                                     
                                           information to make an informed analysis                             
                                           with respect to the voluntary curfew of                              
                                           Stage 2 and Stage 3 jets during nighttime                            
                                           hours. Although noise benefits of the                                
                                           voluntary curfew may be ``intuitive'',                               
                                           the NCP does not provide noise benefits                              
                                           for this measure. Truly voluntary                                    
                                           operational measures affecting Stage 2                               
                                           and Stage 3 aircraft are not subject to                              
                                           14 CFR Part 161. However, any changes to                             
                                           the method of implementation which may                               
                                           affect whether this measure is voluntary                             
                                           would be subject to applicable procedures                            
                                           contained in 14 CFR Part 161. c.                                     
                                           Disapproved with regard to the mandatory                             
                                           Stage 2 phaseout to begin the year 2000,                             
                                           pending satisfactory compliance with 14                              
                                           CFR Part 161, and pending submittal of                               
                                           additional information to make an                                    
                                           informed analysis. The Federal phaseout                              
                                           applies to aircraft weighing greater than                            
                                           75,000 pounds. The NCP states that                                   
                                           ``Significantly less than 1 percent of                               
                                           all corporate jet operations at APF are                              
                                           in aircraft with maximum gross takeoff                               
                                           weights over 75,000 pounds.'' Part 161                               
                                           requires separate analysis of                                        
                                           restrictions on Stage 2 aircraft weighing                            
                                           less than 75,000 pounds; in addition, the                            
                                           burden on commerce has not been presented                            
                                           nor are the noise impacts versus the                                 
                                           benefits of this measure presented.                                  
7.2.6  Ground Noise.....................  It is recommended that the existing ban on  Pages 3-43 to-3 45; Tables
                                           nighttime (between 10:00 p.m. and 7:00      3-16, 7-1 and 7-2; and   
                                           a.m.) maintenance runups, effective May     Figures 3-18 and 3-17.   
                                           15, 1996, and the designated locations                               
                                           and orientations recommended for                                     
                                           maintenance and pre-flight runups for                                
                                           turboprop aircraft be continued.                                     
                                           Operators may request permission from                                
                                           airport management to conduct a                                      
                                           maintenance runup during the restricted                              
                                           hours under exceptional circumstances.                               
                                           For example, an operator may require the                             
                                           aircraft for an early morning departure,                             
                                           which would have to incur a substantial                              
                                           delay if the runup could not be conducted                            
                                           until after 7:00 a.m. For such approval,                             
                                           management may set limits on exactly when                            
                                           and where the runup would be conducted,                              
                                           and limit duration of the runup and the                              
                                           power settings used. Maintenance or pre-                             
                                           flight runups for turboprop aircraft                                 
                                           should be conducted at one of the                                    
                                           locations shown on Figure 3-19 in the NCP                            
                                           document and, as wind conditions permit,                             
                                           should be oriented to the north or                                   
                                           northeast. This will abate ground noise                              
                                           levels in the community, especially at                               
                                           times when background noise levels are                               
                                           very low. FAA Action: Approved. FAA                                  
                                           approval is given in consideration of the                            
                                           exceptions available to aircraft                                     
                                           operators. This measure has been in                                  
                                           effect since May 1995. New information                               
                                           which may become available to the FAA                                
                                           which demonstrates that this measure                                 
                                           could impact total number or hours of                                
                                           Stage 2 or Stage 3 aircraft operations                               
                                           may make this measure subject to                                     
                                           applicable requirements of 14 CFR Part                               
                                           161.                                                                 
----------------------------------------------------------------------------------------------------------------

[[Page 61577]]

                                                                                                                
                                                LAND USE MEASURES                                               
----------------------------------------------------------------------------------------------------------------
7.3.1  Land Acquisition.................  This measure recommends land acquisition    Pages 5-2 to 5-5 and 7-5; 
                                           in Rock Creek Campground and residential    Tables 5-2 and 7-3; and  
                                           or vacant uses in the Naples Villas area    Figures 4-2 and 5-1.     
                                           to develop a compatible buffer when no                               
                                           other land use strategy is appropriate.                              
                                           FAA Action: Approved under 14 CFR Part                               
                                           150 with respect to noncompatible land                               
                                           uses within the noise contours of the                                
                                           official noise exposure maps as provided                             
                                           in the Aviation Safety and Noise                                     
                                           Abatement Act and 14 CFR Part 150. Some                              
                                           of these areas may be outside of the                                 
                                           noise contours, in which case they would                             
                                           be outside the parameters of this Part                               
                                           150 approval. However, the FAA would                                 
                                           encourage local government to exercise                               
                                           its prerogative to establish noise                                   
                                           buffers that meet locally determined                                 
                                           needs. Vacant land is deemed compatible                              
                                           under 14 CFR Part 150 unless it is                                   
                                           demonstrated that there is imminent                                  
                                           danger of it being developed                                         
                                           noncompatibly.                                                       
7.3.2  Easements........................  This measure recommends the purchase of     Pages 5-7, 5-8 and 7-5;   
                                           easements for homes in the Naples Villas    Tables 5-2 and 7-3; and  
                                           area and the consideration of easements     Figures 4-2 and 5-1.     
                                           for Rock Creek Campground to provide an                              
                                           adequate buffer of compatible uses around                            
                                           the airport. FAA Action: Approved under                              
                                           14 CFR Part 150 with respect to                                      
                                           noncompatible land uses within the noise                             
                                           contours of the official noise exposure                              
                                           maps as provided in the Aviation Safety                              
                                           and Noise Abatement Act and 14 CFR Part                              
                                           150. Some of these areas may be outside                              
                                           of the noise contours, in which case they                            
                                           would be outside the parameters of this                              
                                           Part 150 approval. However, the FAA would                            
                                           encourage local government to exercise                               
                                           its prerogative to establish noise                                   
                                           buffers that meet locally determined                                 
                                           needs. Vacant land is deemed compatible                              
                                           under 14 CFR Part 150 unless it is                                   
                                           demonstrated that there is imminent                                  
                                           danger of it being developed                                         
                                           noncompatibly.                                                       
7.3.3  Zoning/Land Use Planning.........  The NAA has adopted the DNL 65dB noise      Pages 5-10 to 5-12 and 7- 
                                           contour as the threshold of                 5; Tables 5-2 and 7-3;   
                                           incompatibility for residential areas,      and Figure 5-2.          
                                           but for zoning and land use planning this                            
                                           measure recommends that the area within                              
                                           the DNL 60dB noise contour apply the same                            
                                           standard as Part 150 recommends for the                              
                                           DNL 65dB noise contour as a buffer to                                
                                           ensure that residential and noise                                    
                                           sensitive uses are not developed too                                 
                                           close to the Airport. FAA Action:                                    
                                           Approved. This is within the authority of                            
                                           the local land use planning jurisdictions.                           
7.3.4  Fair Disclosure..................  It is recommended that a Fair Disclosure    Pages 5-13, 5-14 and 7-5; 
                                           Program be developed to educate potential   and Tables 5-2 and 7-3.  
                                           home buyers of the airport and its flight                            
                                           paths through voluntary cooperation from                             
                                           realtors, lenders, property managers, and                            
                                           local government staff so all potential                              
                                           residents who would be located along the                             
                                           flight paths for the runways would be                                
                                           aware of their location. This measure                                
                                           includes the development, publication and                            
                                           distribution of information regarding                                
                                           airport noise and operations. FAA Action:                            
                                           Approved.                                                            
----------------------------------------------------------------------------------------------------------------
                                          CONTINUING PROGRAMS MEASURES                                          
----------------------------------------------------------------------------------------------------------------
7.4.1  Noise Abatement Officer..........  It is recommended that the Noise Abatement  Pages 2-3, 6-1 and 7-6;   
                                           Officer position currently being filed by   and Table 7-4.           
                                           staff with additional responsibilities at                            
                                           the Airport be continued. This person's                              
                                           responsibilities include oversight of the                            
                                           implementation of all noise abatement/                               
                                           land use compatibility programs as well                              
                                           as investigation of noise complaints FAA                             
                                           Action: Approved.                                                    
7.4.2  Noise Compatibility Advisory       This measure recommends the implementation  Pages 6-1 and 7-6; and    
 Committee.                                of a noise compatibility advisory           Table 7-4.               
                                           committee with membership consisting of                              
                                           representatives of airport users and                                 
                                           tenants, local officials, area                                       
                                           businesses, area residents, and Airport                              
                                           management. This will be an advisory                                 
                                           committee to provide feedback regarding                              
                                           noise issues and represent all interests                             
                                           on and around the airport FAA Action:                                
                                           Approved.                                                            
7.4.3  Noise Monitoring Program.........  This measure recommends the implementation  Pages 6-2 and 7-6; and    
                                           of a noise monitoring program and the       Table 7-4.               
                                           purchase (or rental) of a portable noise                             
                                           monitor and associated computer software                             
                                           and hardware. Residents surrounding the                              
                                           Airport can assist the noise abatement                               
                                           officer by providing sites for noise                                 
                                           monitoring FAA Action: Approved.                                     
7.4.4  Public Information Program.......  The development and implementation of a     Pages 6-2 and 7-6; and    
                                           public information program is recommended   Table 7-4.               
                                           to provide the public with information                               
                                           which makes them aware of the efforts of                             
                                           the Airport management to address their                              
                                           concerns. One measure which would                                    
                                           continue is the newsletter which is                                  
                                           routinely published by the NAA. FAA                                  
                                           Action: Approved.                                                    
7.4.5  NCP Review, Evaluation, and        This measure recommends that the Noise      Pages 6-2 and 7-6; and    
 Revision.                                 Compatibility Program be reviewed and       Table 7-4.               
                                           evaluated on a regular basis to measure                              
                                           performance against goals. The Part 150                              
                                           will be updated every five years or                                  
                                           sooner if applicable. FAA Action:                                    
                                           Approved.                                                            
----------------------------------------------------------------------------------------------------------------


[[Page 61578]]

    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on September 29, 1997. 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 
Naples.

    Issued in Orlando, Florida on October 22, 1997.
Charles E. Blair,
Manager, Orlando Airports District Office.
[FR Doc. 97-30228 Filed 11-17-97; 8:45 am]
BILLING CODE 4910-13-M