[Federal Register Volume 71, Number 96 (Thursday, May 18, 2006)]
[Notices]
[Pages 28905-28907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4622]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Vero Beach Municipal 
Airport; Vero Beach, 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 City of 
Vero Beach, Florida under the provisions of 49 U.S.C. (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 nonfederal responsibilities in Senate Report 
No. 96-52 (1980). On October 28, 2003, the FAA determined that the 
noise exposure maps submitted by the City of Vero Beach, Florida under 
part 150 were in compliance with applicable requirements. On April 28, 
2006, the FAA approved the Vero Beach Municipal Airport noise 
compatibility program. Most of the recommendations of the program were 
approved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Vero Beach Municipal Airport noise compatibility program is April 28, 
2006.

FOR FURTHER INFORMATION CONTACT: Ms. Lindy McDowell, 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 Vero Beach 
Municipal Airport, effective April 28, 2006.
    Under Section 47504 of 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 non-compatible 
land uses and prevention of additional non-compatible 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 point 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 non-compatible land uses around the airport 
and preventing the introduction of additional non-compatible land uses;
    c. 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
    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 City of Vero Beach, Florida submitted to the FAA on July 16, 
2003, the noise exposure maps, descriptions, and other documentation 
produced during the noise computability planning

[[Page 28906]]

study conducted from September 6, 2002, through November 2, 2005. The 
Vero Beach Municipal Airport noise exposure maps were determined by FAA 
to be in compliance with applicable requirements on October 28, 2003. 
Notice of this determination was published in the Federal Register on 
October 28, 2003.
    The Vero Beach Municipal Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
April 28, 2006 beyond the year 2011. It was requested that FAA evaluate 
and approve this material as a noise compatibility program as described 
in section 47504 of the Act. The FAA began its review of the program on 
November 2, 2005 and was required by a provisions of the Act to approve 
or disapprove the program within 180-days (other than the use of new or 
modified 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 eleven (11) 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 FAA effective April 28, 2006.
    Outright approval was granted for six (6) of the specific program 
elements. One (1) measure was disapproved because of its impact on the 
safe and efficient use of airspace and four (4) were approved in part. 
Partial approval was based on issues outside of the 65 DNL contour of 
which the local community determined that no non-competitive land uses 
exist.

Operational Measures

1. Maintenance Run-Up Practices

    This measure is to amend the existing voluntary procedures for 
Aircraft Engine Maintenance Run-ups to include that aircraft will be 
oriented in a northerly direction during calm wind and other proper 
wind conditions at the existing run-up pad. Should this method prove 
unsatisfactory following implementation, the alternative of aircraft 
orientation plus noise barrier/earth berm may be pursued based upon 
further analysis.
    The existing maintenance engine run-up procedures will continue 
with the following measures: All maintenance run-up areas must be 
considered to ensure safety, practicality and the most community 
friendly location; Maintenance run-ups should be preformed at an 
established maintenance run-up area on the tenant's leased property for 
no more than 15-20 minutes at a time; For extended run-ups or multiple 
run-ups proportionate to the 15-20 minute limit, run-ups shall be 
completed on the run-up area for Runway 22 or Runway 11R; and, 
Maintenance run-ups should be scheduled between the hours of 7 a.m. and 
9 p.m. In the event a maintenace run-up must be performed beyond the 
permitted hours, the run-ups should take place at the Designated Run-up 
Locations (Figure 2.2). (NCP, pages 13, 15-18, Figure 2.2, Figure 2.3, 
and Figure 2.4).
    FAA Action: Continuation of existing maintenance run-up procedures, 
as modified, is approved as voluntary as traffic, weather, and airspace 
safety and efficiency permit.
    Further analysis of a noise barrier/earth berm is approved.

2. Voluntary Touch and Go Flight Training Procedures

    The City of Vero Beach will continue the following current touch 
and go procedures: Runway 11L/29R and 4/22 will be closed to touch and 
go traffic when the tower is closed (currently 9 a.m. to 7 a.m.); 
Runway 11R will use left traffic pattern when the tower is closed; 
Runway 29L will use a right traffic pattern when the tower is closed; 
The Traffic Pattern Altitude (TPA) for propeller aircraft will be 1,000 
feet above ground level and turboprop and jet aircraft will use 1,500 
feet above ground level; Touch and go operations are strongly 
discouraged during the hours of 10 p.m. to 7 a.m. (local) Monday-
Saturday, and 10 p.m. to 12 noon (local) on Sunday; and, Intersection 
departures are discouraged. (NCP, pages 19-21).
    FAA Action: Approved in part as voluntary, disapproved in part.
    Measures to set the traffic pattern altitude and hours of touch and 
go operations are approved as voluntary. Page 21 states ``The revised 
NEM (Figure 2.1) reflects the benefits of this measure by maintaining 
the DNL contours within areas of compatible land use.''
    The measure to close the crosswind runway is disapproved. For 
purposes of aviation safety, the crosswind runway should be made 
available to use during high crosswind conditions regardless of the 
time of day. There is insufficient information in the NCP about 
potentital noise benefits if this measure were to be implemented on a 
voluntary basis.
    The measure to have converging traffic patterns (Runway 11R left 
traffic pattern with Runway 29L right traffic pattern) when the tower 
is closed is disapproved. The FAA considers this procedure to have the 
potential to cause unsafe situation.

3. Voluntary Noise Abatement Departure Procedures

    The City of Vero Beach will continue to recommend that pilots use 
National Business Aviation Association (NBAA) close-in noise abatement 
departure profile. (NCP, pages 21-22)
    FAA Action: Approved as voluntary as traffic, weather, and airspace 
safety and efficiency permit.

4. Runway 11R Straight-out Noise Abatement Departure Track for Jet 
Aircraft

    The following changes to jet aircraft departure tracks are 
recommended:
     At the appropriate time with regard to the installation of 
the Vero Beach (VRB) ASR-11, the City of Vero Beach will initiate the 
development of a Departure Procedure to facilitate the use of the 
straight-out noise abatement departure track for Runway 11R, and 
potentially Runway 29L.
     For Runway 11R, following the installation and 
commissioning of the VRB ASR-11, departing jet aircraft may be assigned 
a straight-out departure heading.
     Until comissioning of VRB ASR-11, Runway 11R will maintain 
use of alternatve straight-out, left and right departure headings. 
(NCP, pages 22-24)
    FAA Action: Disapproved. All three headings for departures on 
Runway 11R are required for successive departures because of current 
non-radar services, as determined by FAA's Miami ARTCC. In addition, 
this measure does not satisfy FAR Part 150 approval criteria because it 
does not provide evidence of a noise benefit.

Land Use Measures

5. Airport Zoning

    The City of Vero Beach recommends that the Noise Impact Zone, which 
is currently defined as the area extending from the edge of the 
pavement of each runway a distance equal to one mile on either side of 
each runway centerline, and two miles at the end of each runway, be 
revised to encompass areas of known high community annoyance and areas 
where noise monitoring and modeling data support special consideration. 
(NCP, pages 25-28, Figure 2.5)

[[Page 28907]]

    FAA Action: Approval in part. This measure is approved to the 
extent it includes the existing and forecasts NEM DNL 65 dB noise 
contour. The DNL 65dB noise contour falls completely on airport 
property. The airport sponsor adopted the Federal guidelines 
designating DNL 65 dB as the level at which aircraft noise is 
compatible with residential land uses and the local jurisdiction has 
not adopted local land use compatibility standard below the DNL 65 dB 
contour. Outside the DNL 65 dB contour, FAA as a matter of policy 
encourages local efforts to prevent new noncompatible development 
immediately abutting the DNL 65 dB contour and to provide a buffer for 
possible growth in noise contours beyond the forecast period. The 
federal government has no authority to conrol land use. Local 
governments have the authority to implement this measure.

6. Real Estate Disclosure

    The City of Vero Beach recommends the following:
     The City of Vero Beach will publish the airport noise 
exposure contours in the Vero Beach Press Journal and Hometown News 
three times each year. The publication will include a diagram of the 
contours overlaid with an illustration of the Noise Impact Zones and 
three-mile notification area;
     The City of Vero Beach will send the contours along with 
appropriate text to explain the contours and their meaning, on a 
routine basis, to the Indian River County Board of Realtors for their 
notification;
     The City of Vero Beach will develop a method to notify 
indivdiual property owners of their location within the three-mile 
notification area; and,
     The City of Vero Beach should monitor efforts of the 
Florida Legislature to enact a State Statute requiring real estate 
disclosure at all airports. (NCP, page 28)
    FAA Action: Approved in part. Elements recommending publication of 
the noise contours, distributing and explaining the meaning of the 
noise contours to the Board of Realtors, and monitoring efforts of the 
Florida Legislature to enact a State statute requiring real estate 
disclosure at all airports are approved. The DNL 65 dB noise contour 
falls completely on airport property. Outside the DNL 65 dB contour, 
FAA as a matter of policy encourages local efforts to prevent new 
noncompatible development immediately abutting the DNL 65 dB contour 
and to provide a buffer for possible growth in noise contours beyond 
the forecast period. The federal government has no authority to control 
land use. Local governments have the authority to implement this 
measure.

7. Periodic Noise, Operations and Flight Track Monitoring

    The City of Vero Beach recommends the periodic collection of data 
as part of the NCP implementation to evaluate the effectiveness of the 
voluntary touch and go training procedures and the ``close-in'' noise 
departure procedure by jet aircraft. It will allow the City of Vero 
Beach to monitor any changes in the airport's fleet mix and other 
operational characteristics that may trigger the need to revise the 
noise exposure maps of the NCP. (NCP, pages 28-30)
    FAA Action: Approved in part. Approved with respect to monitoring 
to determine if operational increases or other changes at the airport 
occur that are of sufficient magnitude to significantly affect the 5-
year NEM 65 dB noise contour. The airport sponsor adopted the Federal 
guidelines designating DNL 65 dB as the level at which aircraft noise 
is compatible with residential land uses and the local jurisdiction has 
not adopted local land use compatibility standard below the DNL 65 dB 
contour. 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 present noise thresholds and shall not be used for 
mandatory enforcement of any voluntary measure.

8. Pilot Education

    This program includes publication of flight cards or inserts 
designed to fit into a pilot's flight manual, customized poster to be 
placed in all FBO flight planning rooms and flight schools, and an 
informational handout to be provided to the area's flight training 
students, and available at FAA Flight Standards District Office pilot 
safety and training seminars. (NCP, pages 30-31)
    FAA Action: Approved. Inserts or other information must not be 
construed as mandatory air traffic procedure. The content of the 
inserts are subject to specific approval by appropriate FAA officials 
outside of the FAR Part 150 process and are not approved in advance by 
this determination.

9. Community Information Program

    The City of Vero Beach recommends the development of an ongoing 
community information program to maintain the current level of 
education of involved citizens, and to reach new residents and others 
who become interested in the activities at VRB and the City's efforts 
to control aircraft noise impacts. (NCP, page 31)
    FAA Action: Approved.

10. Annual Review of NCP Implementation

    The City of Vero Beach recommends the annual review of the 
implementation status of the NCP measures.
    FAA Action: Approved. The airport sponsor has indicated in a letter 
dated 4/20/06 that under this measure, the NCP would be updated if made 
necessary by changes to the NEM (150.23(e)(9)).

11. FAA ATCT Tower Order

    The City of Vero Beach recommends that an FAA Tower Order is the 
appropriate mechanism to document the elements of the recommended 
program that will be implemented by local air traffic control tower 
personnel. The FAA will develop the Tower Order, with input from the 
City of Vero Beach, to meet certain FAA ATCT standards. The Order will 
be signed by the local tower manager, and will outline the purpose, the 
background of its development, the effective date and who or what types 
of aircraft or operators it applies to, and a description of what 
actions the ATCT will take to implement the measures.
    FAA Action: Approved for operational measures within this ROA that 
normally would be included in a tower order (for example, the touch and 
go procedures and altitudes). The FAA will determine the appropriate 
elements of the noise compatibility program to include in the Order, 
and the language describing them, consistent with applicable Federal 
requirements.
    These determinations are set forth in detail in a Record of 
Approval signed by the FAA on April 28, 2006. 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 City of Vero Beach, Florida. The 
Record of Approval also will be available online at http://www.faa.gov/arp/environmental/14cfr150/index14.cfm.

    Issued in Orlando, Florida on May 2, 2006.
Bart Vernace,
Acting Manager, Orlando Airports District Office.
[FR Doc. 06-4622 Filed 5-17-06; 8:45 am]
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