[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Notices]
[Pages 9003-9006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4192]



[[Page 9003]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Martin County Airport/
Witham Field, Stuart, 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 Martin 
County Board of County Commissioners 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 July 30, 2003, the FAA determined that the noise 
exposure maps submitted by the Martin County Board of County 
Commissioners under Federal Aviation Regulations (FAR) part 150 were in 
compliance with applicable requirements. On January 26, 2004, the 
Administrator approved the Martin County/Witham Field noise 
compatibility program. Most of the recommendations of the program were 
approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the Martin 
County Airport/Witham Field noise compatibility program is January 26, 
2004.

FOR FURTHER INFORMATION CONTACT: Bonnie Baskin, Federal Aviation 
Administration, Orlando Airports District Office, 5950 Hazeltine 
National Dr., Suite 400, Orlando, Florida 32822, (407) 812-6331, 
Extension 130. 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 Martin 
County Airport/Witham Field, effective January 26, 2004.
    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, 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.
    The Martin County Board of County Commissioners submitted to the 
FAA on May 23, 2003, the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from July 2000, through November 2003. The Martin County 
Airport/Witham Field noise exposure maps were determined by FAA to be 
in compliance with applicable requirements on July 30, 2003. Notice of 
this determination was published in the Federal Register on August 11, 
2003.
    The Martin County Airport/Witham Field 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 2007. 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 July 30, 2003, 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 twenty-one (21) 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 January 26, 
2004.
    Out right approval was granted for seventeen (17) of the twenty-one 
(21) specific program elements. Three (3) elements were disapproved for 
the purposes of part 150, and one (1) element was partially approved. 
The approval action was for the following program measures:

Operational Measures

OPS1 Preferential Runway Use

    This measure calls for the preferential use of Runway 12 during 
calm winds (approximately 10% of the time) to reduce the population 
within the highest noise impact areas. This measure increases the 
population within the 60-65 DNL by 90, and decreases the population 
within the 65-70 DNL by 48. (NCP, pages 5-7 and 5-8; Final version 
dated November 4,

[[Page 9004]]

2003, pages 5-6 and 5-7; Response to FAA Comments, page 2; Exhibit 
OPS1; and Table 5.1)
    FAA Action: Disapproved for purposes of FAR part 150. This measure 
does not satisfy FAR part 150 approval criteria because it does not 
provide an overall reduction in numbers of noise-impacted population.

OPS2 Ban of Stage 1 Aircraft

    This measure recommends conducting the necessary study and analysis 
to facilitate the future prohibition of Stage 1 aircraft from using 
Martin County Airport. (NCP, page 5-8; Final revision dated November 4, 
2003, pages 5-7 and 5-8; Table LU.1; Response to FAA Comments, page 3; 
Exhibits OPS2; Table 5.1)
    FAA Action: Disapproved for purposes of FAR part 150. The analysis 
contained in the NCP states that implementing a ban on Stage 1 aircraft 
would not impact the noise contour used for comparison in this study 
(2007, with and without program measures). Also, the FAA notes that 
Measure LU1, described below, may allow construction of new residences 
within the DNL contour selected by the airport sponsor as locally 
significant (i.e., DNL 60-65 dB). Local actions to permit new 
incompatible construction in a DNL contour selected by the airport 
sponsor as locally significant would not be reasonably consistent with 
achieving the goal of reducing noncompatible land uses and preventing 
the introduction of additional noncompatible uses (49 U.S.C. 
47504(b)(1)(B), and part 150 Sec.  150.35(b)(1)). Also, to approve a 
measure under part 150, it must not be unjustly discriminatory (Sec.  
150.35(b)(1)).

OPS3 Voluntary Stage 2 Aircraft Night-time Curfew

    This measure is to discourage Stage 2 operations between the hours 
of 10 p.m. and 7 a.m. This measure would decrease the population within 
the 60-65 DNL by 96 people and decreases the population within the 65-
70 DNL by 68. (NCP, pages 5-10; Final revision dated November 4, 2003, 
pages 5-10; Response to FAA Comments, page 4; Exhibit OPS3; and Table 
5.1)
    FAA Action: Approved as a voluntary measure. The NCP analysis 
assumes a high rage of compliance with this measure based on current 
compliance rates. This measure is proposed to be accomplished with 
continued pilot education. There will be no mandatory enforcement.

OPS4 Voluntary Touch-and-Go Limits

    This measure provides a voluntary ban on Touch-and-go's at night 
(10 p.m. to 7 a.m.) Monday thru Saturday and all day Sunday and on 
major holidays. This measure discourages touch-and-go operations 
consistent with existing procedures, and includes 24 hours on Sundays, 
New Year's, Thanksgiving, and Christmas holidays. This measure 
decreases the population within the 65-70 DNL contour by 22, and 
decreases the population within the DNL 60-65 dB 31. (NCP, pages 5-10; 
Final revision dated November 4, 2003, page 5-10; Response to FAA 
Comments, page 4; Exhibit OPS4; and Table 5.1)
    FAA Action: Approved as a voluntary measure. The NCP analysis 
assumes 100% compliance based on current compliance rates. This measure 
must be accomplished with continued pilot education and will not 
include mandatory enforcement.

OPS5 Runway 12 Voluntary Noise Abatement Departure Flight Track

    This measure is the voluntary use of straight-out departure track 
for jet aircraft departing Runway 12. This measure decreases the 
population within the 60-65 DNL by 64, and increases the population 
within the 65-70 DNL by 5. (NCP, pages 5-11 thru 5-12; Final revision 
dated November 4, 2003, pages 5-10 and 5-11; Response to FAA Comments, 
pages 5-6; Exhibits OPS5; and Table 5.1)
    FAA Action: Approved as voluntary when a pilot requests to proceed 
to the ocean before making a turn, when traffic, weather, and airspace 
safety and efficiency conditions permit ATC to approve the request. 
This measure assumes an average of one operation per day will utilize 
this voluntary measure. While this measure does increase by a small 
number the residents in the 65-70 DNL contour, it reduces the 
population included in the 60-65 DNL contour, providing a net decrease 
in people exposed to noise. Current airspace constraints to the north 
and south of Martin County significantly curtail the use of this 
procedure. As airspace allocations are adjusted by Air Traffic, the NCP 
may be updated to analyze additional compliance with this measure.

OPS6 Runway 30 Voluntary Noise Abatement Departure Flight Track

    This measure includes a voluntary left turn to 285 degrees for jet 
aircraft departing Runway 30. This measure decreases the population 
within the 60-65 DNL by 48 and decreases the population within the 65-
70 DNL by 76. (NCP, pages 5-12 thru 5-13; Final revision dated November 
4, 2003, pages 5-12 and 5-13; Response to FAA Comments, page 6; Exhibit 
OPS6; and Table 5.1)
    FAA Action: Approved as voluntary when a pilot requests the turn, 
when traffic, weather, and airspace safety and efficiency conditions 
permit ATC to approve the request. Current airspace constraints to the 
north and south of Martin County significantly curtail the use of this 
procedure. As airspace allocations are adjusted by Air Traffic, the NCP 
may be updated to analyze additional compliance with this measure.

OPS7 Voluntary Takeoff and Landing Procedures

    This measure recommends the use of NBAA or manufacturer noise 
abatement takeoff and landing procedures by jet aircraft operators. Air 
carrier aircraft will be asked to use AC 91-53A close-in departure 
procedures. (NCP, page 5-13; Final revision dated November 4, 2003, 
page 5-13; Response to FAA Comments, page 7; and Tables 5.1)
    FAA Action: Disapproved pending submission of additional 
information to make an informed analysis. This measure relates to 
flight procedures under 49 U.S.C. 47504(b). Information required to 
complete FAA action on this measure includes calculating the estimated 
benefits to noise-sensitive land uses near the airport. This 
information can be provided using either the DNL noise contour or using 
supplemental metrics such as describing the benefits with versus 
without the measure, on a single event basis.
    The effectiveness of noise abatement procedures will vary on an 
airport-by-airport basis. There are three basic takeoff profiles--near, 
distant, and standard. Given variations in aircraft performance, it is 
possible for one aircraft type to use one type of procedure and another 
aircraft to use a different procedure to achieve noise reduction over 
the same community. The techniques used to determine the noise benefits 
of changes in approach settings are still under study in the U.S.

OPS8 Install Flight Tracking System

    This measure is to install equipment to record the actual flight 
tracks of each operation to help monitor the effectiveness of NCP 
measures and to assist Martin County in the determination of the future 
need to update the noise exposure maps. The results will be used to 
encourage voluntary use of the noise abatement flight tracks, and will 
not be used for mandatory enforcement. (NCP, pages 5-

[[Page 9005]]

13 and 5-14; Final revision dated November 4, 2003, page 5-13; Response 
to FAA Comments, pages 7 and 8; and Table 5.1)
    FAA Action: Approved. The flight tracking system must technically 
be able to interface with the FAA equipment and operations, and must 
comply with FAA data download requirements. Eligibility for Federal 
funding and scope of the proposed project will be determined at the 
time of application. For purposes of aviation safety, this approval 
does not extend to the use of monitoring equipment for enforcement 
purposes by in-situ measurement of any pre-set noise thresholds and 
shall not be used for mandatory enforcement of any voluntary measure.

OPS9 Pilot Information Program

    This measure is to educate, inform, and notify pilots and airport 
users of the measures included in the NCP with the goal of increasing 
user participation in the program. (NCP, page 5-14; Final revision 
dated November 4, 2003, page 5-14; and Table 5.1)
    FAA Action: Approved in concept. The methods to publicize this 
noise compatibility program are approved. 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.

OPS10 Monitor Air Traffic Control Frequencies

    This measure will record and review Air Traffic and pilot radio 
frequencies to monitor effectiveness of NCP measures and operations 
during hours when the tower is closed. (NCP, pages 5-14 and 5-15; Final 
revision dated November 4, 2003, page 5-14; Response to FAA Comments, 
page 8; and Table 5.1)
    FAA Action: Approved. This measure would involve purchasing over-
the-counter radio-receiving equipment that is generally available to 
the public. The stated purpose is to determine how effective the noise 
abatement measures are. Information will be used to educate the pilots 
and community about the program, and will be used to assist in 
addressing citizen complaints. Eligibility for Federal funding and 
scope of the proposed project will be determined at the time of 
application. For purposes of aviation safety, this approval does not 
extend to the use of monitoring equipment for enforcement purposes and 
shall not be used for mandatory enforcement of any voluntary measure.

OPS11 Engine Run-up Procedures and Facilities

    This measure is to continue the existing program limiting 
maintenance run-ups to the hours between 7 a.m. and 10 p.m., whenever 
possible, and to study potential new locations for run-up areas. This 
measure has the potential to reduce ground level noise prior to takeoff 
and landing. (NCP, pages 5-14. and 5-15; Final revision dated November 
4, 2003, page 5-15; Response to FAA Comments, page 9; Table 5.1; and, 
Supplemental graphics Figure 5.1 ``Potential Berm Sites and Operational 
Run-Up Locations'')
    FAA Action: Approved to continue the current procedure as a 
voluntary measure. Approved for further study of additional run-up 
locations.

OPS12 Noise Barriers

    This measure will study potential benefits of the construction of 
noise barriers to reduce the impact of aircraft ground noise. This 
measure has the potential to reduce ground level noise prior to takeoff 
and landing. (NCP, pages 5-15 and 5-16; Final revision dated November 
4, 2003, pages 5-15; Response to FAA Comments, page 9; and Table 5.1; 
Supplemental graphics Figure 5.1 ``Potential Berm Sites and Operational 
Run-Up Locations'')
    FAA Action: Approved for further study.

Land Use Measures

LU1 Noise Zoning

    This measure is to establish Overlay Districts within the County 
and City Zoning Ordinances. Zone A will include 65 DNL and greater, and 
Zone B will include 60 to 65 DNL. This measure is to ensure that areas 
presently zoned as compatible remain, and change non-compatible to 
compatible. (NCP revision, pages 5-17 through 5-20, and Appendix H, 
pages 10-12; Response to FAA Comments, page 10; Table 5.2; and, Revised 
Table LU.1)
    FAA Action: Approved in part, disapproved in part. This is a 
preventive land use measure and is within the authority of the local 
land use planning jurisdictions.
    The narrative at pages 5-19 and 5-20 describe the zones as follows. 
Zone A would prohibit new noise sensitive development within the DNL 65 
dB and greater noise contour, including residential development. 
Nonresidential commercial development would require sound attenuation. 
Zone B would prohibit schools, childcare, and similar noise-sensitive 
uses. Other nonresidential commercial development would require sound 
attenuation. These designations are approved.
    We note that LU7 suggests an intention to limit new land uses in 
Zones A and B to compatible uses; however, residences are not 
specifically mentioned in the description of prohibited land uses in 
Zone B, and are assumed to be permitted in that zone's DNL 60-65 dB 
noise contour. To the extent that Zone B is intended to permit new 
residential land uses, this designation is disapproved for purposes of 
part 150. It would not be reasonably consistent with achieving the goal 
of reducing noncompatible land uses and preventing the introduction of 
additional noncompatible uses (40 U.S.C. 4750(b)(1)(B)) to allow new 
residences within the DNL 60-65 dB noise contour since the local 
government has adopted the DNL 60-65 dB standard as locally 
significant. Neither would it be consistent with the FAA's land use 
mitigation policy published in 1998. Future mitigation of any noise-
sensitive development that occurs after October 1, 1998, will not be 
eligible for part 150 approval under the FAA's 1998 policy. Disapproval 
under part 150 does not prevent the local planning jurisdictions from 
carrying out their own land use plans to meet local needs.

LU2 Real Estate Disclosure

    This measure is to disclose properties located within the 60 DNL 
and higher noise contours to notify purchasers of where the property is 
located within the NEM contours. It will also notify them of the 
possibilities of aircraft noise and overflights. (NCP revision, pages 
5-20 and 5-21 and Appendix H, pages 12-13; Response to FAA Comments, 
page 10; and Table 5.2)
    FAA Action: Approved.

LU3 Site Plan Review

    Using the Intergovernmental Coordination Element of the 
Comprehensive Plan, this measure contemplates developing a policy to 
allow the airport to participate in site plan review. All proposed site 
plans for property within the DNL 60-65 dB noise contour for 2007 will 
be reviewed. An interlocal agreement may be required before this action 
can be implemented. This measure also is intended to ensure consistency 
with measure LU1. (NCP revision page 5-21, and Appendix H, page 13; 
Response to FAA Comments, page 10; and Table 5.2)
    FAA Action: Approved.

[[Page 9006]]

LU4 Citizens Noise Committee

    This measure is to establish a committee for the purpose of 
monitoring the effectiveness and implementation of the NCP measures and 
to conduct public education. The committee will make recommendations to 
the Board of County Commissioners. It will assist the airport staff 
with the monitoring of the NCP measures, community involvement and 
pilot education. (NCP revision, page 5-21, and Appendix H, page 14; and 
Table 5.2)
    FAA Action: Approved.

LU5 Florida Statute 333, Airport Zoning

    This measure will incorporate provisions consistent with Florida 
Statute 333, Airport Zoning Regulations to enhance land-use 
compatibility in the airport environs. By adopting this measure, the 
City and County will recognize the statute's provisions and incorporate 
it in whole or by reference in their comprehensive plans and land 
development codes. (NCP revisions, pages 5-21 and 5-22; Response to FAA 
Comments, page 11; and Table 52.)
    FAA Action: Approved.

LU6 Voluntary Land Acquisition

    This measure is for voluntary acquisition or sales assistance 
within the 60-65 DNL and 65-70 DNL noise contours. The sponsor will 
either purchase and relocate eligible residents in impacted areas or 
eligible property owners will be offered sales assistance if direct 
purchase and relocation is not acceptable to the owner. This program 
will comply with the Federal Uniform Relocation Act. (NCP revision, 
page 5-22, Appendix H, page 15; Response to FAA Comments, page 11; and 
Table 5.2)
    FAA Action: Approved. The specific identification of structures 
recommended for inclusion in the program and specific definition of the 
scope of the program will be required prior to approval for Federal 
funding.
    The FAA Federal guidelines state that impacts at noise levels of 
DNL 65 dB and greater are ``significant'' and lesser noise levels of 
DNL 55 to 64 dB are ``moderately'' impacted, (see compatible land use 
guidelines in Table 1 of FAR part 150). Properties located at levels 
less than the Federal ``significant'' criterion, such as the DNL 60 dB 
identified as locally significant by the airport sponsor, will receive 
a much lower priority for Federal financial assistance.
    The airport operator has adopted a local deviation from the Federal 
land use compatibility guidelines published in FAR part 150, Table 1 
(see revised NCP Chapter 5, Table LU.1). The FAA notes that the adopted 
guidelines allow construction of non-compatible uses within those noise 
levels defined as ``significant'' by the airport operator. The FAA will 
not approve mitigation of noise-sensitive structures built after 
October 1, 1998.

LU7 Redevelopment Program

    This measure encourages re-development of acquired or vacant 
property to a compatible use within the 60-65 DNL and 65-70 DNL noise 
contours. This includes properties acquired under LU6. If the property 
were resold, it would be subject to aviation easements attached to the 
deed to ensure long-term compatibility. The Federal Uniform Relocation 
Act will be satisfied for acquisitions with Federal funds. (NCP 
revision, page 5-22; Response to FAA Comments, page 12; and Tables 5.2)
    FAA Action: Approved to prepare a redevelopment plan for property 
acquired as part of this Record of Approval.

LU8 Voluntary Sound Insulation Program

    This measure proposes to develop a voluntary sound insulation 
program for existing sensitive receptors within the 60-65 DNL and 65-70 
DNL noise contours. Existing structures will be renovated to include 
required NLR standards. A priority system will be established that 
includes mitigation for structures in the highest noise levels first. 
(NCP revision, page 5-23; Response to FAA Comments, page 12; and Tables 
5.2)
    FAA Action: Approved. The specific identification of structures 
recommended for inclusion in the program and specific definition of the 
scope of the program will be required prior to approval for Federal 
funding.
    The FAA Federal guidelines state that impacts at noise levels of 
DNL 65 dB and greater are ``significant'' and lesser noise levels of 
DNL 55 to 64 dB are ``moderately'' impacted, (see compatible land use 
guidelines in Table 1 of FAR Part 150). Properties located at levels 
less than the Federal ``significant'' criterion, such as the DNL 60 dB 
identified as locally significant by the airport sponsor, will receive 
a much lower priority for Federal financial assistance.
    The airport operator has adopted a local deviation from the Federal 
compatible land use guidelines published in FAR part 150, Table 1 (see 
revised NCP Chapter 5, Table LU.1). The FAA notes that the adopted 
guidelines allow construction of non-compatible uses within those noise 
levels defined as significant by the airport operator. FAA will not 
approve mitigation of noise-sensitive structures built after October 1, 
1998.

LU9 Voluntary Aviation Easement Acquisition Program

    This measure allows for the purchase of easements within the 60-65 
DNL and 65-70 DNL noise contours to ensure continued land use 
compatibility of properties where the County has taken other actions to 
mitigate noise within the DNL 60 dB noise contour. A property owner, in 
exchange for sound insulation, may grant an easement as outlined in LU8 
above. Easements may also be purchased from property owners who are 
eligible but choose not to participate in a sound insulation program. 
Easements may also be placed on a property acquired under LU6 or LU7. 
(NCP revision, page 5-23; and Table 5.2)
    FAA Action: Approved. The specific identification of structures 
recommended for inclusion in the program and specific definition of the 
scope of the program will be required prior to approval for Federal 
funding.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on January 26, 2004. 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 Martin County.

    Issued in Orlando, Florida, on February 10, 2004.
Matthew J. Thys,
Acting Manager, Orlando, Airports District Office.
[FR Doc. 04-4192 Filed 2-25-04; 8:45 am]
BILLING CODE 4910-13-M