[Federal Register Volume 67, Number 140 (Monday, July 22, 2002)]
[Notices]
[Pages 47878-47883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18339]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program, Boca Raton Airport, Boca 
Raton, FL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by the Boca Raton 
Airport Authority under the provisions of Title I of the Aviation 
Safety and Noise Abatement Act of 1979 (Public Law 96193) and 14 CFR 
part 150. These findings are made in recognition of the description of 
Federal and nonfederal

[[Page 47879]]

responsibilities in Senate Report No. 9652 (1980). On December 31, 
2001, the FAA determined that the noise exposure maps submitted by the 
Boca Raton Airport Authority under part 150 were in compliance with 
applicable requirements. On June 28, 2002, the Administrator approved 
the Boca Raton Airport noise compatibility program. Most of the 
recommendations of the program were approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the Boca 
Raton Airport noise compatibility program is June 28, 2002.

FOR FURTHER INFORMATION CONTACT: Bonnie L. Baskin, Federal Aviation 
Administration, Orlando Airports District Office, 5950 Hazeltine 
National Dr., Suite 400, Orlando, Florida 32822, (407) 8126331, 
Extension 30. 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 Boca Raton 
Airport, effective June 28, 2002.
    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 Boca Raton Airport Authority submitted to the FAA on December 
11, 2001, the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from March 18, 1999, through December 11, 2001. The Boca 
Raton Airport noise exposure maps were determined by FAA to be in 
compliance with applicable requirements on December 31, 2001. Notice of 
this determination was published in the Federal Register on December 
31, 2001. As a result of the FAA actions on the air traffic procedural 
recommendations, above, the FAA considers the forecast 2006 NEM to be 
``2006 with Existing Noise Compatibility Program'', for purposes of 
application of the following Land Use Elements. As the FAA announces 
its actions on the NCP Update in the Federal Register, it is issuing a 
revised determination that this forecast NEM will replace the ``2006 
Noise Exposure Map with Recommended Noise Compatibility Program'' that 
was determined in compliance with part 150 by FAA on December 31, 2001.
    The Boca Raton 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 2006. It was requested that 
FAA evaluate and approve this material as a compatibility program as 
described in section 104(b) of the Act. The FAA began its review of the 
program on December 31, 2001, 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 nineteen (19) 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 June 28, 2002.
    Outright approval was granted for seven (7) of the nineteen (19) 
specific program elements. One (1) element was disapproved for the 
purposes of part 150, eleven (11) elements were partially approved. The 
approval action was for the following program measures:

[[Page 47880]]



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            Measure                              Description                              NCP pages
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                                              Operational Measures
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1. Runway 5 noise abatement      This measure replaces Measure 1 from the    75, 93, 131, 210, Table 12.1.
 turn to 360 deg., to climb       1991 Noise Compatibility Program, page 3-
 west of Interstate 95, to        11, ``Voluntary Runway 5 noise abatement
 1,500'.                          turn to 360 degrees to climb west of I-
                                  95. Maintain heading until reaching 1,500
                                  feet.'' FAA Action: Approved as
                                  voluntary, when air traffic and airspace
                                  safety and efficiency conditions permit.
                                  This procedure places traffic over the
                                  noise-compatible interstate corridor, and
                                  was approved as a voluntary measure in
                                  the Noise Compatibility Program ROA that
                                  was signed by FAA on August 19, 1991.
                                  However, since approval of this measure,
                                  the number of aircraft instrument
                                  operations at this airport and in the
                                  Palm Beach region has increased steadily.
                                  Because of the growing complexities of
                                  safely and efficiently controlling air
                                  traffic in this area, it has become more
                                  difficult to allow extensive use of this
                                  voluntary procedure. This departure
                                  procedure not only affects the flow of
                                  traffic at this airport, but also
                                  requires additional coordination with
                                  several different facilities that are
                                  controlling aircraft traversing in many
                                  different directions comprised of inbound
                                  and outbound traffic from Palm Beach
                                  International Airport, Pompano Airpark,
                                  and Boca Raton Airport. This procedure
                                  directs VFR aircraft into an IFR final
                                  approach course (VOR/DME and GPS-A); when
                                  these conflicting procedures are in
                                  effect, capacity is reduced as arrivals
                                  would have to be sequenced with
                                  departures.
2. Runway 23 noise abatement     This measure replaces Measure 2 from the    75, 93, 131, 210, Table 12.1.
 turn to 255 deg., to climb       1991 Noise Compatibility Program, page 3-
 over Town Center, to 1,500'.     12, ``Establish a voluntary Runway 23
                                  noise abatement turn to 255 degrees to
                                  climb over area southwest of airport.
                                  Maintain heading until reaching 1,500
                                  feet.'' FAA Action: Approved as
                                  voluntary, when air traffic and airspace
                                  safety and efficiency conditions permit.
                                  Aircraft would fly over a compatible
                                  commercial corridor. This element was
                                  approved as a voluntary measure in the
                                  Noise Compatibility Program signed on
                                  August 19, 1991. However, since approval
                                  of this measure, the number of aircraft
                                  instrument operations at this airport and
                                  in the Palm Beach region has increased
                                  steadily. Because of the growing
                                  complexities of safely and efficiently
                                  controlling air traffic in this area, it
                                  has become more difficult to allow use of
                                  this voluntary procedure. This procedure
                                  not only affects the flow of traffic at
                                  this airport, but also requires
                                  additional coordination with several
                                  different facilities that are controlling
                                  aircraft traversing in many different
                                  directions comprised of traffic from Palm
                                  Beach International Airport, Pompano
                                  Airpark, and Boca Raton Airport. This
                                  procedure directs aircraft towards the
                                  Pompano Airpark localizer and GPS final
                                  approach course to Runway 15, and
                                  mandatory use of this procedure would
                                  limit capacity at all three airports
                                  because of sequencing requirements for
                                  arrivals with departures.
3. Recommend jets use NBAA       This measure replaces Measure 5 from the    75, 131, 157, 210, and Tables 12.1.
 noise abatement procedures,      1991 Noise Compatibility Program, page 3-
 including ``close-in'' NADP.     24, ``Recommend corporate jet pilots use
                                  of NBAA noise abatement procedures,
                                  including `close-in' departure
                                  procedures.'' FAA Action: Approved as a
                                  voluntary measure. The NPC supplemental
                                  analysis shows that use of the noise
                                  abatement procedure instead of the
                                  standard departure procedure would reduce
                                  noise on a single event basis.
4. Right-hand traffic pattern    This measure replaces Measure 4 from the    192, 210, and Table 12.1.
 on Runway 23.                    1991 Noise Compatibility Program, page 3-
                                  12, ``Continue right-hand traffic pattern
                                  on Runway 23.'' Current procedures at the
                                  airport call for right-handed traffic for
                                  Runway 23 operations to avoid overflight
                                  of the relatively more densely developed
                                  areas east of the airport, including
                                  Florida Atlantic University. FAA Action:
                                  Approved as voluntary, when air traffic
                                  and airspace safety and efficiency
                                  conditions permit. This measure was
                                  included in the 1991 Noise Compatibility
                                  Program for Boca Raton Airport.
5. Left-hand traffic pattern on  This measure replaces Measure 3 from the    133, 139, Table 9.8, 192, 210, and
 Runway 5, with right-hand        1991 Noise Compatibility Program, page 2-   Table 12.1.
 arrivals from the east.          11, ``Continue left-hand traffic pattern
                                  on Runway 5.'' FAA Action: Approved in
                                  part, disapproved in Part. A left-hand
                                  traffic pattern is a standard VFR
                                  operational procedure and was included in
                                  the 1991 Noise Compatibility Program for
                                  Boca Raton Airport. The standard left-
                                  hand traffic pattern operation on Runway
                                  5 is approved. The simultaneous right-
                                  hand traffic pattern for arrivals from
                                  the east is disapproved. This activity
                                  puts aircraft in direct conflict with
                                  other arriving aircraft using the left-
                                  hand traffic pattern.

[[Page 47881]]

 
6. North-flow preferential       FAA Action: Approved as voluntary, when     132, 139, and 210, and Tables 9.8
 runway use.                      air traffic and airspace safety and         and 12.1.
                                  efficiency conditions permit. North-flow
                                  operation on Runway 5 is currently being
                                  used approximately 80% of the time
                                  because of the winds and air traffic
                                  control measures. Table 9.8 indicates
                                  that mandatory implementation of this
                                  measure would increase noise to
                                  approximately 86 people in the DNL 65 dB
                                  noise contour, and reduce noise to
                                  approximately 264 people in the DNL 60 dB
                                  noise contour. The FAA considers impacts
                                  at noise levels of DNL 65 dB and greater
                                  to be significant when compared to lesser
                                  noise levels of ``moderate'' impact (less
                                  than DNL 65 dB, and greater than DNL 55
                                  dB), as described in the Federal
                                  compatible land use guidelines at Table 1
                                  of part 150. In this case, the airport
                                  operator has adopted a deviation from the
                                  Federal compatibility guidelines
                                  published in part 150 at Table 1 (see
                                  NCP, chapter 7). Based on air traffic
                                  concerns expressed above at FAA's action
                                  on measures 1 and 2, the FAA does not
                                  expect continued use of this measure to
                                  change from the present values.
7. Further analysis of           This measure includes: 24-hour restriction  192, 210, and Tables 12.1.
 restrictive options.             on stage 1 jet operations, night
                                  restrictions on non-stage 3 operations,
                                  and night restriction on all aircraft
                                  operations. This recommendation is to
                                  continue evaluation of other options to
                                  reduce noise impacts outside of the FAR
                                  part 150 process. Study of these
                                  recommendations will require additional
                                  analysis under FAR part 161 and
                                  evaluation of the Grant Assurances for
                                  which the airport is obligated under past
                                  Grant Agreements with the FAA. FAA
                                  Action: Approved for study. The Boca
                                  Raton Airport's NCP in Table 9.8
                                  indicates that approximately 2,180 people
                                  will be exposed to significant levels of
                                  aircraft noise within the DNL 65 dB 2006
                                  Forecast NEM contour, absent mandatory
                                  implementation of air traffic procedures.
                                  The Boca Raton Airport Authority, the
                                  airport sponsor, proposes to study
                                  several noise restriction options that
                                  could further reduce noise impacts. The
                                  study should reflect the noise contours
                                  and land use compatibility achieved under
                                  this approved part 150 program and
                                  evaluates additional noise benefits that
                                  could be realized with any particular
                                  restriction. FAA's part 150 approval for
                                  the additional study in no way prejudges
                                  the study's outcome or implies agreement
                                  with any restriction that may result from
                                  the study. In order to be eligible for
                                  Federal funding, the study results must
                                  be incorporated into a part 150 update.
                                 All proposed restrictions under
                                  consideration by the Boca Raton Airport
                                  Authority must be evaluated for
                                  consistency with Federal law, including
                                  assurances in airport grant agreements.
                                  Federal law requires that restrictions be
                                  reasonable, have no adverse effect on
                                  safety or efficient use of the airspace,
                                  not pose an undue burden to interstate
                                  commerce, not be unjustly discriminatory,
                                  and not intrude into areas that are
                                  Federally preempted. In addition,
                                  proposed restrictions that would affect
                                  the operations of Stage 2 and Stage 3
                                  aircraft are subject to Part 161,
                                  including public notice and analysis
                                  requirements. FAA approval, pursuant to
                                  specified statutory criteria, is required
                                  under Part 161 for a restriction
                                  affecting Stage 3 operations. The
                                  restriction that would affect only Stage
                                  1 aircraft is not subject to Part 161,
                                  but is subject to all other requirements
                                  of Federal law.
8. Obtain ``formal'' FAA         This new recommendation is to obtain        191, 192, 211, and Table 12.2
 implementation status for        formal agreement with the FAA to
 Elements 1, 2, 4, 5, and 6.      incorporate Elements 1, 2, 4, 5, and 6
                                  into a Tower Order which will require the
                                  air traffic controllers to follow these
                                  procedures at all times. FAA Action:
                                  Disapproved. Under this formal agreement,
                                  there would be no allowance for weather
                                  conditions or for the growing
                                  complexities of controlling traffic in
                                  the Palm Beach area resulting from the
                                  steady increase in air traffic through
                                  the area. As indicated in FAA's
                                  determinations on these individual
                                  measures, above, mandatory use of these
                                  flight patterns could impact aircraft
                                  safety and efficiency. To the extent the
                                  FAA can implement the measures, it will
                                  direct pilots to these headings and
                                  traffic patterns.
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                                                Land Use Measures
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                                 As a result of the FAA actions on the air
                                  traffic procedural recommendations,
                                  above, the FAA considers the forecast
                                  2006 NEM to be ``2006 with Existing Noise
                                  Compatibility Program'', for purposes of
                                  application of the following Land Use
                                  Elements. As the FAA announces its
                                  actions on the NCP Update in the Federal
                                  Register, it is issuing a revised
                                  determination that this forecast NEM will
                                  replace the ``2006 Noise Exposure Map
                                  with Recommended Noise Compatibility
                                  Program'' that was determined in
                                  compliance with part 150 by FAA on
                                  December 31, 2001.
                                 Measures 1 through 4, and 9 through 11,
                                  replace measures that were approved by
                                  the FAA in 1991 for that NCP at Boca
                                  Raton Airport. The other Land Use
                                  measures are new recommendations in this
                                  part 150 Update.

[[Page 47882]]

 
1. Zoning......................  The City and County will continue to        195, 196, 211, and Table 12.1.
                                  update and adopt a revised Airport Zoning
                                  and Land Use Ordinance consistent with
                                  the updated NEM's. FAA Action: Approved
                                  as a continuing measure. The
                                  recommendation, included in the 1991
                                  Noise Compatibility Program, has been
                                  partially implemented by the affected
                                  land use jurisdictions.
2. Building code revision......  The Boca Raton Airport Authority will       196, 211, and Tables 12.1.
                                  continue to work with local jurisdictions
                                  to include specifications for the use of
                                  noise insulating materials in
                                  construction within/adjacent to approved
                                  NEM's. FAA Action: Approved as a
                                  continuing measure.
3. Local environmental review..  The City and County implemented an          197, 211 and Tables 12.1.
                                  environmental review through their
                                  respective airport zoning and land use
                                  regulations that they adopted in
                                  accordance with Chapter 333 of the
                                  Florida Statutes (Article 18 of the
                                  County Land Development Code and City
                                  Ordinance 3274). Both the County and City
                                  Planning Departments notify The Boca
                                  Raton Airport Authority of potential
                                  developments and request comment. It is
                                  necessary to carry the measure forward to
                                  this recommended NCP to ensure its
                                  continued implementation. FAA Action:
                                  Approved as a continuing measure.
4. Comprehensive Planning......  The comprehensive plans for the City of     196 and 211, and Tables 12.1.
                                  Boca Raton and Palm Beach County would be
                                  revised to fully address the issues of
                                  aircraft noise on existing and proposed
                                  land use. The State Statutes require that
                                  the plans be evaluated and updated every
                                  five years. FAA Action: Approved as a
                                  continuing measure.
5. Real Estate Disclosure......  This measure will require disclosure of     200, and 211, and Tables 12.1.
                                  aircraft noise levels and their meaning
                                  to purchasers or renters prior to the
                                  time of the contract or title transfer
                                  for residential property. Disclosure will
                                  involve a form to be signed by the
                                  prospective buyer or renter similar to
                                  what is required by truth-in-sales laws.
                                  This will ensure that new residents are
                                  aware of the noise environment prior to
                                  purchase or rental of properties within
                                  the noise zones. FAA Action: Approved.
6. Easement Acquisition........  This measure is to purchase avigation       201 and 211, Exhibits 8.1, and
                                  easements from noise-sensitive property     Tables 12.1.
                                  owners within the 60 DNL noise contour
                                  for ``2006 with the recommended NCP''.
                                  This measure would allow the acquisition
                                  of easements over developed property as
                                  well as undeveloped property. Only
                                  existing private homes and public use
                                  (schools) within the DNL 60 dB contour
                                  are assumed to be included. Property
                                  owners refusing participation in the
                                  sound insulation program may be eligible
                                  for easements. FAA Action: Approved to
                                  the extent the properties are located
                                  within the official NEM's, specifically
                                  ``2001 NEM with Existing Noise
                                  Compatibility Program''. The specific
                                  identification of the structures
                                  recommended for inclusion in the program
                                  will be required prior to approval for
                                  federal funding.
7. Sound Insulation............  This measure is to provide the opportunity  201, and 211, Exhibits 8.1, and
                                  for sound insulation of noise-sensitive     Tables 12.1.
                                  structures within the 65 DNL contour, for
                                  ``2006 with the recommended NCP.''
                                  Avigation easements are typically
                                  obtained in return for property owner
                                  participation. Only existing private
                                  homes and public uses within the 2006 65
                                  dB DNL contour are assumed to be
                                  included. Property owners refusing sound
                                  insulation may be eligible for easements
                                  and vice-versa. FAA Action: Approved to
                                  the extent the properties are located
                                  within the DNL 65 dB noise contour of the
                                  official NEM's, specifically ``2001 NEM
                                  with Existing Noise Compatibility
                                  Program''. The specific identification of
                                  the structures recommended for inclusion
                                  in the program will be required prior to
                                  approval for federal funding.
8. Noise and Operations          This measure is to include provisions for   205, and 211, and Tables 12.1.
 Monitoring System.               the Boca Raton Airport Authority to
                                  acquire capabilities to monitor
                                  operations, noise, and complaints, in an
                                  integrated system. This system will
                                  include purchase of equipment to monitor,
                                  record, analyze, and report on actual
                                  flight track geometry and runway
                                  utilization. This measure also includes
                                  six to eight permanent noise monitors and
                                  one portable noise monitor that will
                                  allow improved communication with the
                                  community when addressing aircraft
                                  operations. This system will also include
                                  the capabilities to identify
                                  complainants' addresses, correlate
                                  complaints with operations and noise data
                                  and develop a database. FAA Action:
                                  Approved to the extent that the requested
                                  equipment is allowed to interface with
                                  FAA equipment and operations. Eligibility
                                  for Federal funding will be determined at
                                  the time of application.
9. Noise Abatement Advisory      This measure is to continue the ongoing     207, and 212, and Tables 12.1.
 Committee.                       Noise Abatement Committee to discuss
                                  noise abatement issues with the public
                                  and interested parties. FAA Action:
                                  Approved.
10. Noise Office Staff.........  This measure is to continue to employ a     207, and 212, and Tables 12.1.
                                  full-time noise and community affairs
                                  staff person. FAA Action: Approved.

[[Page 47883]]

 
11. Program Publicity..........  This measure is to continue to publicize    207 and 212, and Tables 12.1; FAA
                                  the approved program. (The measure          letter dated March 29, 2002.
                                  replaces Measure 7, ``Install on-airfield
                                  noise abatement signage'', page 5-21, of
                                  the 1991 Noise Compatibility Program).
                                  Once the FAA has approved the revised
                                  NCP, and the BRAA should take steps to
                                  publicize the program, including:
                                  revisions to on-airfield signs, posters
                                  for pilot lounges or flight planning
                                  areas, pilot handouts, such as flight
                                  manual inserts and web site upgrades,
                                  that summarize the preferred procedures.
                                  FAA Action: Approved in part, disapproved
                                  in part. The methods to publicize this
                                  revised noise compatibility program are
                                  approved. Specific language to be
                                  included is disapproved herein. Prior to
                                  release, each publicity measure must be
                                  approved for wording and content by the
                                  appropriate FAA office, and should
                                  clearly state that the noise abatement
                                  measures are voluntary, and that pilots,
                                  while encouraged to request the noise
                                  abatement departure heading, are always
                                  required to follow the directions
                                  provided by air traffic control.
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    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on June 28, 2002. 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 Boca Raton Airport 
Authority.

    Issued in Orlando, Florida on July 12, 2002.
W. Dean Stringer,
Manager, Orlando Airports District Office.
[FR Doc. 02-18339 Filed 7-19-02; 8:45 am]
BILLING CODE 4910-13-M