[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Notices]
[Pages 27848-27850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12952]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program, Key West International
Airport, Key West, 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 Monroe 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
November 9, 1998, the FAA determined that the revised noise exposure
maps submitted by Monroe County, Florida under part 150 were in
compliance with applicable requirements. On May 7, 1999, the
Administrator approved the Key West International Airport noise
compatibility program. Six (6) of the eight (8) proposed program
measures were fully approved. Two (2) measures were disapproved.
EFFECTIVE DATE: The effective date of the FAA's approval of the Key
West International Airport noise compatibility program is May 7, 1999.
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 Key West
International Airport, effective May 7, 1999. 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 revised 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 no 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 reasonable 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 others 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, Sec. 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.
Monroe County, Florida submitted to the FAA on October 26, 1998,
updated noise exposure maps, descriptions, and other documentation
produced during the noise compatibility planning study conducted from
October 1, 1996 through October 25, 1998. The Key West International
Airport revised noise exposure maps were determined by FAA to be in
compliance with applicable requirements on November 9, 1998. Notice of
this determination was published in the Federal Register.
The Key West 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 November 9, 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 eight (8) 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 Administration effective May 7, 1999.
Outright approval was granted for six (6) of the specific program
measures. Two (2) measures were disapproved.
[[Page 27849]]
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. Conduct a Part 161 analysis of An FAR part 161 analysis is recommended to further Pgs. 6-5 to 6-7, 8-1
an access restriction study an access restriction prohibiting the operation and 8-6; Tables 6.2
prohibiting the operation of non- of non-State 3 private/corporate jet aircraft weighing and 8.1; and
Stage 3 jet aircraft weighing less than 75,000 pounds maximum gross weight at Key supplemental
less than 75,000 pounds at the West International Airport to reduce existing information dated
airport. noncompatible land uses and impacted populations. The 02/09/99.
access restriction to be studied includes a transition
program that would initially prohibit such aircraft
operations between the hours of 9 p.m. and 7 a.m. Two
years later, all such operations would be prohibited
from operating at the airport. This access restriction
is not being recommended as an operational noise
abatement measure at this time. The access restriction
is recommended for further study, a Part 161 analysis,
and integration into a part 150 update.
FAA Action: Disapproved for purposes of part 150. With
full implementation of the land use measures in this
NCP, the airport operator an accomplish 100 percent
compatible land uses within the DNL 65dB contour. The
proposal to perform a FAR part 161 study is not
considered to be an eligible noise project under part
150 because it does not meet criteria described in
FAA's policy statement issued in the Federal Register
on September 16, 1996. More specifically, part 161
proposed study does not met Part 150 approval criteria
of reducing noncompatible land uses beyond
achievements gained by the nonrestrictive measures
that are approved in this NCP. This disapproval of
purposes of part 150 does not preclude the airport
operator from pursuing a part 161 analysis outside the
scope of the part 150 process.
2. Conduct an FAR part 161 An FAR part 161 analysis is recommended to further Pgs. 6-10 to 6-12, 8-
analysis to further study an study an access restriction prohibiting aircraft from 12 and 8-6; Tables
access restriction prohibiting operating at Key/West International Airport between 6.2 and 8.1; and
aircraft from operating at the the hours of midnight and 6 a.m. to reduce supplemental
airport between the hours of neighborhood disturbance during these hours. This information dated
midnight and 6:00 a.m. access restriction is not being recommended as an 02/09/99.
operational noise abatement measure at this time. The
access restriction is recommended for further study, a
part 161 analysis, and integration into a part 150
update.
FAA Action: Disapproved for purposes of part 150. With
full implementation of the land use measures in this
NCP, the airport operator can accomplish 100 percent
compatible land uses within the DNL 65dB contour. The
proposal to perform a FAR part 161 study is not
considered to be an eligible noise project under part
150 because it does not meet criteria described in
FAA's policy statement issued in the Federal Register
on September 16, 1996. More specifically, the part 161
proposes study does not meet part 150 approval
criteria of reducing noncompatible land uses beyond
achievements gained by the nonrestrictive measures
that are approved in this NCP. This disapproval for
purposes of part 150 does not preclude the airport
operator from pursuing a part 161 analysis outside the
scope of the part 150 process.
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Land Use Measures
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3. Provide Noise Insulation in A program for noise insulation of existing Pgs 7-10 to 7-13, 8-
Exchange for Aviation Easements. noncompatible structures is recommended for 2, 8-3 and 8-6;
noncompatible single-family dwellings (and multi- Tables 7-2 ad 8-1;
family dwellings of four units or less) within the DNL Figures 5.2, 6.3
65+dB contour of the Year 2003 Future Condition Noise and 8.1; Appendices
Exposure Map, With Program Implementation, in exchange A and B; and
for an avigation easement. Priority should be given supplemental
first to homeowners located within the DM 70dB information dated
contour, and finally the homeowners located within the 02/09/99.
DNL 75 dB contour, then to homeowners located within
the DNL 65 dB contour. The avigation easement will
remain valid until noise levels exceed those projected
for the year 2003 Future Condition Noise Exposure Map,
Without Program Implementation. Eligible homeowners
will be given the option of participating in either
this program or the purchase program in Measure 4
below. If funding is not adequate to implement both
programs simultaneously this program will be offered
first.
A program for noise insulation of noncompatible
structures is also recommended for Key West High
School. At the time when the high school is being
renovated, measures to achieve a Noise Level Reduction
(NRL) of 30 dB should be incorporated into the design
and construction of all classrooms, libraries,
offices, and other rooms for which nose insulation is
specifically justified because of the substantial and
disruptive effect of aircraft noise.
FAA Action: Approved...................................
4. Purchase Homes, Provide Noise A program to purchase existing homes, provide noise (Pgs. 7-8 to 7-10, 8-
Insulation, then Resell with insulation, then resell the homes with avigation 3, 8-4 and 8-6;
Easements. easements is recommended for noncompatible single- Tables 7.2 and 8.1;
family dwellings (and multi-family dwellings of four Figures 5.2, 6.3
units or less) within the DNL 65+dB contour of the and 8.1; Appendices
Year 2003 Future Condition Noise Exposure Map, With A and B; and
Program Implementation. Priority should be given first supplemental
to homeowners located within the DNL 75 dB contour, information dated
then to homeowners located within the DNL 70 dB 02/09/99).
contour, and finally to homeowners located within the
DNL 65 dB contour. The avigation easement will remain
valid until noise levels exceed those projected for
the year 2003 Future Condition Noise Exposure Map,
Without Program Implementation. Eligible homeowners
will be given the option of participating in either
this program or the noise insulation program in
Measure 3 above. If funding is not adequate to
implement both programs simultaneously, Measure 3 will
be offered first.
FAA Action: Approved...................................
[[Page 27850]]
5. Update Noise Contours Annually In order to monitor compliance with the avigation Pgs 7-9, 7-10, 7-13,
easement noise level limit in measures 3 and 4 above, 8-4 and 8-6; Tables
it is recommended that the County of Monroe update the 7.2 and 8.1; and
Key West International Airport noise contours annually Figure 5.2.
for comparison with the Year 2003 Future Condition
Noise Exposure Map, Without Program Implementation.
FAA Action: Approved...................................
6. Rezone Vacant Parcels......... It is recommended that the County of Monroe direct a
written request to the City of Key West to rezone two
vacant parcels to prevent noncompatible development.
One parcel on the southwest corner of Flagler Avenue
and 11th Street (Parcel ID # 65100.000000) would be
rezoned from single family residential development
(SF) to an airport noise compatible land use zoning
such as limited commercial (LC). Another parcel on
South Roosevelt Boulevard (Parcel ID # 65090.000100)
would be rezoned from coastal low density residential
(LDR-C) to an airport noise and public safety
compatible land use zoning such as limited commercial
(LC) Pgs 7-15, 7-16 and 8-4; Tables 7.2 and 8.1; and
Figure 8.2..
FAA Action: Approved...................................
7. Acquire Vacant Parcel......... It is recommended that the vacant parcel on the Pgs 7-15, 7-16, 8-5
southwest corner of Flagler Avenue and 11th Street and 8-6; Tables 7.2
(Parcel ID #65100.000000) be acquired to prevent and 8.1; and Figure
noncompatible development if the City of Key West does 8.2.
not rezone the parcel to an airport noise compatible
land use zoning.
FAA Action: Approved under 14 CFR part 150 with respect
to the described vacant land within the DNL 65 db
contour where it can be demonstrated that the property
is in imminent danger of being developed noncompatibly
and local controls are insufficient to prevent that
development. Mitigation with respect to new
noncompatible development that is allowed to occur on
this property is outside the parameters of this part
150 approval. However, the FAA would encourage local
government to exercise its prerogative to change the
zoning to a compatible use prior to development.
8. Establish Compatible Land Use Establishment of airport noise compatible land use Pgs 7-16 to 7-18 and
Zoning. zoning and public safety compatible land use zoning is 8-5; Tales 7.2 and
recommended, as required by Florida Statutes Chapters 8.1; and Figure
163 and 333. The County of Monroe will seek the 8.3.
cooperation of the City of Key West to establish
airport noise compatible land use zoning and public
safety compliance land use zoning.
FAA Action: Approved...................................
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These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on May 7, 1999. 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 Monroe County,
Florida.
Issued in Orlando, Florida, on May 10, 1999.
John W. Reynolds, Jr.,
Assistant Manager, Orlando Airports District Office.
[FR Doc. 99-12952 Filed 5-20-99; 8:45 am]
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