[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Notices]
[Pages 70291-70293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29455]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


FAA Approval of Noise Compatibility Program and Determination on 
Noise Exposure Maps; Orlando Sanford International Airport, Sanford, 
Florida

AGENCY: Federal Aviation Administration.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by Sanford 
Airport Authority under the provisions of 49 U.S.C. 47501 et. seq. (the 
Aviation Safety and Noise Abatement Act, hereinafter referred to as 
``the Act'') and 14 CFR part 150. These findings are made in 
recognition of the description of Federal and non-federal 
responsibility in Senate Report No. 96-52 (1980). On October 21, 2002, 
the FAA Approved the Orlando Sanford International Airport noise 
compatibility program. Most of the recommendations of the program were 
approved. The FAA also is announcing its determination that the noise 
exposure maps for Orlando Sanford International Airport for the years 
2001 and 2006 and associated documentation, submitted with the noise 
compatibility program, are in compliance with applicable requirements 
of FAR Part 150 effective April 24, 2002.

EFFECTIVE DATE: The effective date of the FAA's approval of the Orlando 
Sanford International Airport Noise Compatibility Program is October 
21, 2002.

FOR FURTHER INFORMATION CONTACT: Bonnie L. Baskin, Federal Aviation 
Administration, Orlando Airports District Office, 5950 Hazeltine 
National Dr., Suite 400, Orlando, Florida 32882, (407) 812-6331, 
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 Orlando 
Sanford International Airport, effective October 21, 2002, and that the 
noise exposure maps for this same airport are determined to be in 
compliance with applicable requirements of FAR Part 150.
    Noise Exposure Maps: Under 49 U.S.C. section 47503 of the Aviation 
Safety and Noise Abatement Act (hereinafter referred to as ``the 
Act''), an airport operator may submit to the FAA noise exposure maps 
which meet applicable regulations and which depict non-compatible land 
uses as of the date of submission of such maps, a description of 
projected aircraft operations, and the ways in which such operations 
will affect such maps. The Act requires such maps to be developed in 
consultation with interested and affected parties in the local 
community,

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government agencies, and persons using the airport.
    The FAA completed its review of the noise exposure maps and 
accompanying documentation submitted by Sanford Airport Authority for 
Orlando Sanford International Airport. The documentation that 
constitutes the ``noise exposure maps'' as defined in section 150.7 of 
Part 150 includes: Exhibit 7-1, ``2001 DNL Noise Contours'', Exhibit 
10-2, ``2006 DNL Noise Contours-Inclusive of All Operational Controls 
(With Future Land Use)'', Tables 6-2 through 6-4, Baseline Operations, 
Tables 6-6 through 6-8, Forecast Operations, Table 6-11, Time of Day 
Operations, Exhibits 6-3 through 6-5, Arrival, Departure, and Training 
Tracks, and Exhibit 9-5, Helicopter Routes. The airport operator 
certified on December 28, 2001, that the 2001 and 2006 noise exposure 
map contours and accompanying documents are true and complete and that 
consultation required by section 150.21 was accomplished (page 8-1 of 
documentation). The FAA has determined that these noise exposure maps 
and accompanying documentation are in compliance with applicable 
requirements. This determination was effective on April 24, 2002. FAA's 
determination on an airport operator's noise exposure maps is limited 
to a finding that the noise exposure maps were developed in accordance 
with the procedures contained in Appendix A of FAR Part 150. Such 
determination does not constitute approval of the applicant's data, 
information or plans, nor is it a commitment to approve a noise 
compatibility program or to fund the implementation of that program.
    If questions arise concerning the precise relationship of specific 
properties to noise exposure contours depicted on a noise exposure map 
submitted under section 47503 of the Act, it should be noted that the 
FAA is not involved in any way in determining the relative locations of 
specific properties with regard to the depicted noise contours, or in 
interpreting the noise exposure maps to resolve questions concerning, 
for example, which properties should be covered by the provisions of 
section 47506 of the Act. These functions are inseparable from the 
ultimate land use control and planning responsibilities of local 
government. These local responsibilities are not changed in any way 
under Part 150 or through FAA's review of noise exposure maps. 
Therefore, the responsibility for the detailed overlaying of noise 
exposure contours onto the map depicting properties on the surface 
rests exclusively with the airport operator that submitted those maps, 
or with those public agencies and planning agencies with which 
consultation is required under section 47503 of the Act. The FAA has 
relied on the certification by the airport operator, under section 
150.21 of FAR Part 150, that the statutorily required consultation has 
been accomplished.
    Noise Compatibility Program: Each airport noise compatibility 
program developed in accordance with Federal Aviation Regulations (FAR) 
Part 150 is a local program. The FAA does not substitute its judgment 
for that of the airport proprietor with respect to which measures 
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.
    1. The noise compatibility program was developed in accordance with 
the provisions and procedures of FAR Part 150;
    2. Program measures are reasonably consistent with achieving the 
goals of reducing existing non-compatible land uses around the airport 
and preventing the introduction of additional non-compatible land uses;
    3. Program measures would not create an undue burden on interstate 
or foreign commerce, unjustly discriminate against types or classes of 
aeronautical uses, violate the terms of airport grant agreements, or 
intrude into areas preempted by the Federal Government; and
    4. 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 Orlando Sanford 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 beyond the year 2006. It was requested 
that the FAA evaluate and approve this material as a noise 
compatibility program as described in section 47504(b) of the Act. The 
FAA began its review of the program on April 24, 2002, 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 submittal 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 Associate Administrator effective 
October 21, 2002.
    Outright approval was granted for seventeen (17) specific program 
elements. One (1) element was disapproved for the purposes of Part 150, 
and one (1) element required no action at this time as the measure 
relates to flight procedures under section 47504(b) of the Aviation 
Safety and Noise Abatement Act. Additional review by the FAA is 
necessary. The FAA approved as voluntary the following flight 
procedures: (1) Maximize east flow at the airport between the hours of 
6 a.m. and 11 p.m. (2) When the airport has a 24-hour control tower, 
between the hours of 11 p.m. to 6 a.m. maximize departures to the east 
and arrivals from the east (when air traffic conditions and weather 
permit); (3) For jet aircraft departures on Runway 9L, establish a 
departure turn that would direct northbound aircraft to turn to the 
northeast, as soon as possible after lift-off; (4) For jet departures 
to northern destinations on Runway 27R, establish a northwesterly turn 
approximately three miles west of the beginning of take-off roll on 
Runway 27R (a turn immediately west of US 17/92). (5) Maintain the 
current ``close-in'' procedure for jet aircraft departures on

[[Page 70293]]

Runway 27R and implement the ``distant'' departure procedure for jet 
aircraft departures on Runway 9L; (6) During west flow (east flow is 
the preferred configuration at SFB), some aircraft are held at 2,000 
feet in altitude to provide separation from crossing aircraft. Recent 
changes have been made to hold departing air carrier aircraft from SFB 
at the Runway 27R threshold. These aircraft are held until there is 
sufficient space to release the aircraft to depart without the 2,000-
foot hold altitude restriction. Further improvements to this procedure 
should be pursued to allow more aircraft to have an unrestricted climb 
west out of SFB; and (7) A recommendation that departing helicopters 
ascend to and maintain 500 feet close to the airport, arriving 
helicopters maintain and descend from 500 feet close to the airport, 
having helicopters overfly roadways (in non-emergency situations) and 
maintain the highest altitude possible in the immediate vicinity of the 
airport.
    The Flight procedure that was deferred pending FAA review is: For 
jet aircraft conducting ILS flight training on Runway 9L-27R direct 
aircraft to continue along the runway heading to gain altitude beyond 
the airport boundaries prior to making northerly turns. And the measure 
disapproved by the FAA for purposes of part 150 is the planned 
extension of Runway 9R-27L, which is included in the airport's master 
plan to enhance capacity. Although the airport proposes to design the 
extension on Runway 9R-27L to reduce noise impacts, its primary benefit 
is capacity.
    Other measures approved by the FAA included: Evaluate the benefits 
of a noise fence (solid barrier) of sufficient height and length that 
noise during run-up activity would be directed up or reflected away 
from residences. The Sanford Airport Authority should also investigate 
the benefit of hush house options that would result in reduced noise 
exposure to close-in communities. Acquire three portable noise 
monitoring systems to be used in conducting short term monitoring in 
communities around the airport, in response to requests for short-term 
monitoring. It also will assist the SANAC and Authority in their 
efforts to provide information to the public and consider additional 
noise abatement measures. FAA's decision noted that monitoring 
equipment may not be used for enforcement purposes of aircraft in 
flight by in situ measurement of any present noise thresholds, for 
reasons of aviation safety.
    FAA approved 8 land use measures, including: (1) Comprehensive 
Plans for both the City and the County should specifically identify 
that no new residential uses should be allowed in the 60 DNL contour; 
(2) The Land Development Codes for both the City and County should 
identify that no new residential uses should be allowed in the 60 DNL; 
(3) Due to the planned southerly extension to Runway 18-36 and the 
amount of aircraft touch-and-go training activity south and east of the 
airport, it is preferred that no new residential uses be allowed east 
or south of the airport's new runway system to the Conservation area 
adjacent to Lake Jessup. If, due to other reasons, residential use must 
be permitted, no mobile homes or home ownership should be permitted; 
(4) No new public educational facilities should be allowed in areas 
east and south of the Airport, within the limits described in (3) 
Above; (5) If a restriction on all future residential uses can not be 
implemented for the entire area south and east of the airport, then, it 
is recommended that notification of noise exposure and overflight 
activity be required in the form of avigation easements for all new 
residential development in this area. FAA noted in its decision that 
FAA's policy published in 1998 (63 FR 16409) states that no Federal 
funding will be made available for mitigation of future noncompatible 
development on currently undeveloped land if it is located within the 
airport's published NEM contours; (6) One option for implementing 
additional limitations on residential use and requirements for 
avigation easements is through the use of overlay zoning. The overlay 
zone could include the property south of SR 46 and east of the 
currently zoned industrial areas located south of Runway 18-36 (east of 
Brisson Avenue South) to the Lake Jessup Conservation area. The overlay 
zone would allow permitted uses and development approval procedures 
instituted by the City and County but would identify additional 
residential use limitations and avigation requirements associated with 
the overlay zone. The FAA reiterated in 1998 policy in its decision 
here; (7) Airport staff should be notified of requests for 
modifications and related hearing dates for applications for planning 
and zoning modifications (comprehensive plan changes, land development 
code changes, site plan approval requests, rezoning, subdivision 
applications, etc.). An individual at the County, the City and the 
Airport staff should designated with the responsibility for this 
coordination; and (8) The airport proposes to offer to acquire 
incompatible property located in whole or in part within the DNL 65 dB 
noise contour of the official NEM's. The majority of the property would 
be east of the airport, although a few parcels are to the west and 
north within the DNL 65 dB noise contour. FAA stated in its decision 
that acquisitions are limited to existing non-compatible land uses 
located within the 65 DNL noise contour of the official NEM's, 
specifically ``2001 DNL Noise Contours'', and consistent with FAA's 
1998 remedial mitigation policy (63 FR 16409).
    These determinations are set forth in detail in a Record of 
Approval signed by the Associate Administrator on October 21, 2002.
    Copies of the noise exposure maps and of the FAA's evaluation of 
the maps, and copies of the record of approval and other evaluation 
materials and the documents comprising the submittal to the FAA are 
available at the FAA office listed above and at the administrative 
office of the Sanford Airport Authority. Questions on either of these 
FAA determinations may be directed to the individual named above under 
the heading FOR FURTHER INFORMATION CONTACT.

    Issued in Orlando, Florida on November 7, 2002.
W. Dean Stringer,
Manager, Orlando Airports District Office.
[FR Doc. 02-29455 Filed 11-20-02; 8:45 am]
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