[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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