[Federal Register Volume 63, Number 196 (Friday, October 9, 1998)]
[Notices]
[Pages 54513-54515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27255]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program, Daytona Beach 
International Airport, Daytona Beach, Florida

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 Volusia 
County, Florida 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 
April 1, 1998, the FAA determined that the noise exposure maps 
submitted by Volusia County, Florida under Part 150 were in compliance 
with applicable requirements. On September 28, 1998, the Administrator 
approved the Daytona Beach International Airport noise compatibility 
program. All of the program measures were fully approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the Daytona 
Beach International Airport noise compatibility program is September 
28, 1998.
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 Daytona 
Beach International Airport, effective September 28, 1998.

    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

[[Page 54514]]

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.
    Volusia County, Florida submitted to the FAA on March 16, 1998, 
updated noise exposure maps, descriptions, and other documentation 
produced during the noise compatibility planning study conducted from 
December 12, 1994 through March 10, 1998. The Daytona Beach 
International Airport noise exposure maps were determined by FAA to be 
in compliance with applicable requirements on April 1, 1998. Notice of 
this determination was published in the Federal Register.
    The Daytona Beach 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 2003. It was requested that 
FAA evaluate and approve this material as a noise compatibility program 
as described in section 104(b) of the Act. The FAA began its review of 
the program on April 1, 1998, 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 six (6) 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 September 28, 1998.
    Out right approval was granted for all six (6) of the specific 
program measures. The approval action was for the following program 
controls:

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     Noise abatement measure                       Description                              NCP pages
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                                              Operational Measures
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1. Preferential Runway Use......  It is recommended that existing Air Traffic   pgs. 8-1 and 9-1; and Table 9-1.
                                   Control (ATC) procedures continue, to the
                                   extent possible, the use of Runway 25R for
                                   departures and Runway 7L for arrivals of
                                   large (12,500 lbs. and greater) turbo-jet
                                   aircraft between the hours of 10:00 p.m.
                                   and 7:00 a.m. to reduce noise over
                                   residential areas east of the airport.
                                   Continuation of the existing ATC procedures
                                   to avoid, to the extent possible, using
                                   Runway 16-34 for departures of large, turbo-
                                   jet aircraft is also recommended to
                                   eliminate over flights to residential areas
                                   north and south of the airport. FAA Action:
                                   Approved as voluntary.
2. Turns to Course for Departing  (a) For small aircraft departing from Runway  pgs. 8-1,9-2 and 9-3; and Table
 Aircraft.                         7L to the east, turns on course should be     9-1.
                                   made as early as practical to avoid
                                   overflying the residential area to the east
                                   of the airport. However, this procedure
                                   should only be considered for those
                                   aircraft that would likely complete the
                                   turn while still west of the residential
                                   areas east of the airport. (b) It is
                                   recommended that existing ATC procedures
                                   that cause large, turbo-jet aircraft
                                   departing to the east to fly runway heading
                                   until reaching the assigned altitude of
                                   5,000' be continued to minimize overall
                                   noise impact by allowing the aircraft to
                                   gain altitude in the shortest possible
                                   time. (c) Small aircraft departures on
                                   either Runway 25L or 25R should not turn to
                                   the south until they are sufficiently west
                                   to avoid overflying the Pelican Bay
                                   residential area. Closed traffic (touch and
                                   go's) on Runway 7R-25L should remain north
                                   of Beville Road to avoid overflying the
                                   Pelican Bay area. (d) It is recommended
                                   that existing ATC procedures that cause
                                   large, turbo-jet aircraft department on
                                   either Runway 16 or Runway 34 to fly runway
                                   heading until their assigned altitude of
                                   3,000' to be continued to allow for the
                                   fastest possible time-to-climb and result
                                   in a minimized noise footprint for the
                                   aircraft. (e) Departures from Runway 34
                                   should make turns as necessary to remain
                                   over commercial development to the extent
                                   possible to reduce noise impact to
                                   residential areas north of the airport. FAA
                                   Action: Approved as voluntary.

[[Page 54515]]

3. Touch and Go Procedures on     (a) It is recommended that the existing ATC   pgs. 8-1, 9-3 and 9-4; and Table
 Runway 7R-25L.                    procedure that restricts Touch-and-Go         9-1.
                                   operations to exclude local pattern
                                   operations conducted between 10:00 p.m. and
                                   7:00 a.m. to be continued to reduce the
                                   number of persons subjected to late night
                                   and early morning overflights. This measure
                                   was implemented by the FAA ATC in 1989 in
                                   response to nearby residents. In addition,
                                   the following measures should be
                                   implemented: (b) A pattern altitude of
                                   1,000' should be used for all aircraft to
                                   benefit residential area. (c) Downwind legs
                                   should be flown at pattern altitude and
                                   descents should not be initiated until the
                                   turn to the base leg to benefit residential
                                   areas. (d) Aircraft should remain over or
                                   north of Beville Road during the downwind
                                   leg until construction of the new runway to
                                   benefit residential areas. (e) A 45-degree
                                   angle entry into the traffic pattern at the
                                   mid-point of the downwind should be avoided
                                   since it requires an overflight of the
                                   residential area at pattern altitude.
                                   Instead, entry to downwind should be made
                                   either to the east of the Pelican Bay area
                                   or to the west of it (near the I-95
                                   interchange). (f) The Airport should
                                   coordinate these recommendations with the
                                   Chief Flight Instructor at each of the
                                   airport's flight schools to increase
                                   chances of a successful implementation. FAA
                                   Action: Approved as voluntary.
4. NBAA Noise Abatement           The Airport should encourage the use of       pgs. 8-1 and 9-4; and Table 9-1.
 Procedures.                       standard National Business Aircraft
                                   Association (NBAA) Noise Abatement
                                   Procedures for turbojet and turboprop
                                   business and private aircraft to minimize
                                   noise impacts to residents. FAA Action:
                                   Approved as voluntary.
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                                                Land Use Measures
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1. Purchase of Property.........  Consideration should be given to the          pgs. 8-2, 8-3 and 9-4; and
                                   acquisition of the Misty Springs Apartments   Tables 8-1 and 9-1.
                                   (128 residential units) to prevent land use
                                   incompatible with airport noise resulting
                                   from the relocation of Runway 7R-25L. FAA
                                   Action: Approved.
2. Comprehensive Plan Revision..  A revision of the City of Daytona Beach       pgs. 8-3, 8-5 and 9-5; and
                                   Comprehensive Plan is recommended to          Tables 8-1 and 9-1.
                                   reflect properties acquired and to be
                                   acquired for the Daytona Beach
                                   International Airport. Rezoning would
                                   preclude future residential redevelopment
                                   of this land within the 65 Ldn noise
                                   contour. FAA Action: Approved.
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    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on September 28, 1998. 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 Volusia County, 
Florida.

    Issued in Orlando, Florida on September 29, 1998.
Charles E. Blair,
Manager, Orlando Airports District Office.
[FR Doc. 98-27255 Filed 10-8-98; 8:45 am]
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