[Federal Register Volume 71, Number 121 (Friday, June 23, 2006)]
[Notices]
[Pages 36161-36163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5634]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Southwest Florida 
International Airport, Fort Myers, 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 Lee County 
Port Authority 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 February 11, 2005, the FAA determined that the noise 
exposure maps submitted by the Lee County Port Authority under Part 150 
were in compliance with applicable requirements. On May 30, 2006, the 
FAA approved the Southwest Florida International 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 
Southwest Florida International Airport noise compatibility program is 
May 30, 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 Southwest 
Florida International Airport, effective May 30, 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 noncompatible 
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 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 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

[[Page 36162]]

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.
    Lee County Port Authority submitted to the FAA on February 8, 2005, 
the noise exposure maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from October 
2002, through May 26, 2006. The Southwest Florida International Airport 
noise exposure maps were determined by FAA to be in compliance with 
applicable requirements on February 11, 2005. Notice of this 
determination was published in the Federal Register on February 11, 
2005.
    The Southwest Florida International Airport study contains a 
proposed noise compatibility program comprised of actions designed for 
phased implementation by airport management and adjacent jurisdictions 
from May 26, 2006 to 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 
December 1, 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 five (5) 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 May 30, 2006.
    Outright approval was granted for four of the specific program 
elements. The measure to modify the existing noise mitigation procedure 
6, Runway 6 Departure Procedure was partially disapproved for 
purposes of FAR Part 150, pending submission of additional information 
to demonstrate noise benefits. The following describes the approved 
actions on and off airport:

Operational Measures

1. Continue Existing Operational Noise Mitigation Procedures

    This measure is to continue nine of ten existing voluntary 
operational Noise Mitigation Procedures in place. Benefits of these 
existing measures are summarized at Table 11-3;
    1. Preferential Runway Use Program--Runway 6 is the preferred 
runway when the wind, weather, and activity permit.
    2. Visual Approaches--Turbojet aircraft will normally be vectored 
to intercept the extended runway centerline seven miles or more from 
the end of the runway (as activity levels permit). Aircraft on the 
right downwind leg to Runway 6 or left downwind to Runway 24 will 
normally be kept above 5000 feet until they are abeam the Airport. 
Aircraft arriving to Runway 6 and intercepting the extended centerline 
over the Gulf of Mexico west of Fort Myers Beach should remain above 
3,000 feet, if able, to reduce the noise over Fort Myers Beach.
    3. ``Keep 'em High''--The Airport participates in the ``Keep 'em 
High;'' program, and turbojet aircraft are encouraged to keep as high 
as possible.
    4. Properly equipped turbojet aircraft departing Runway 24 are 
encouraged to use the MAPUL-1 Standard Instrument Departure (SID) that 
is pending implementation by the FAA.
    5. Runway 24 turbojet departures that are not properly equipped to 
follow the MAPUL-1 SID should request the Alico Three Departure SID.
    6. Propeller aircraft should reference AOPA's recommended noise 
abatement procedures.
    7. Turbojet business aircraft should use either the aircraft 
manufacturer's recommended noise Abatement Procedures, the NBAA's 
Approach and Landing Procedure (VFR and IFR), or Standard Departure 
Procedure.
    8. Commercial aircraft should follow the Distant Noise Abatement 
Departure Profile as defined by FAA Advisory Circular AC91-53A.
    9. At no time shall engines by run up for test or maintenance 
purposes between 2300 hours (11 p.m.) and 0600 hours (6 a.m.) without 
prior approval from the Executive Director or his/her representative.
    (NCP, pages 11-2 through 11-3; Exhibits 11-1; and Table 11-3)
    FAA Action: Approved as a continuation of the voluntary measures in 
place, subject to traffic, weather, and airspace safety and efficiency. 
The FAA approved these measures submitted in previous Part 150 studies 
(1990, 1995) as demonstrating noise mitigating benefits at the airport. 
They place aircraft over less noise-sensitive corridors and keep 
aircraft at higher altitudes over noise-sensitive sites.

2. Modify Existing Noise Mitigation Procedure 6; Runway 6 
Departure Procedure

    This measure is to modify Existing Operational Noise Mitigation 
Procedure Number 6 (Runway 6 Departure Procedure). The existing measure 
6 states ``Runway 6 departures will be held on tower frequency until 
crossing departure end of runway and will be turned no further west 
than 350 degrees until they are five miles from the airport.'' The NCP 
recommends that the noise abatement procedure be modified to use RSW 
2.7 DME to demarcate the turn for northbound turbojet aircraft 
departing on Runway 6. The procedure would provide ``For turbojet 
aircraft, no turns before RSW 2.7 DME unless directed by air traffic 
control''. A lighted sign would also be added to the Runway 6 departure 
end once FAA determines where the turning point is located. The 
modified procedure should be included in an updated pilot briefing 
handout. (NCP, pages 11-2 through 11-3).
    FAA Action: Continuation of the voluntary measure in place is 
approved. Modifications to the procedure are disapproved for purposes 
of part 150, pending submission of additional information to 
demonstrate noise benefits. The existing measure, approved by the FAA 
in earlier Part 150 studies, is intended to move overflights from the 
school.

3. Purchase and Install Flight Tracking Equipment

    In is recommended that a radar flight tracking system be 
implemented at the Airport to assist the Lee County Port Authority in 
monitoring the voluntary noise mitigation procedures and to assist in 
the development of modifications to these procedures that will benefit 
the citizens living in proximity to the Airport. The system will not be 
used for mandatory enforcement of the voluntary procedures. It is 
recommended that the flight tracking system output be used to review 
all recommended operational procedures during the next part 150 update 
(NCP, pages 11-8; and Tables

[[Page 36163]]

11-1, 11-2, 11-3, and 13-1 through 13-3).
    FAA Action: Approved. The flight tracking system must technically 
be able to interface with the FAA equipment and operations, and be done 
in compliance 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.

4. Support the Implementation/Funding for the Implementation of RNAV 
Procedures

    While Table 13-1, Summary of Recommended Measures, describes this 
as a single measure, the NCP describes this support in two ways. (NCP, 
pages 11-5 through 11-6; 11-8 and 11-9; Tables 11-1, 11-2, 11-3 and 13-
1).
    (a) Pages 11-5 and 11-6 suggest a curved RNAV approach to Runway 6, 
the ``MAPUL 1 Instrument Departure Procedure (IDP) in reverse'' might 
be feasible in the future. The NCP states ``This approach would also 
likely provide the most benefit if implemented primarily during 
nighttime hours. The NCP recommendation is to ``continue to monitor the 
potential for this type of approach and further evaluate it when the 
technology is more readily available.'' The airport sponsor recommends 
the FAA study advance technology navigational procedures to determine 
if they can be used for noise mitigation at RSW.
    FAA Action: Approved as to sponsor efforts to monitor and evaluate 
this RNAV approach.
    (b) At pages 11-8 and 11-9, the NCP evaluates ``Other actions or 
combinations of actions which would have a beneficial noise control or 
abatement impact on the public.'' The NCP states in relevant part ``* * 
* The MAPUL-1 RNAV procedures is currently pending publication and 
implementation. This procedure will help reduce the potential for drift 
as aircraft depart Runway 24 and climb out through the Alico corridor. 
The MAPUL-1 RNAV procedure will allow properly equipped aircraft to 
make adjustments to their course as may be required to * * * minimize 
the impacts on the surrounding residential communities.'' In the NCP, 
it is recommended that the FAA continue with the planned implementation 
of the MAPUL-1 RNAV procedure and maintain support for the expansion of 
the RNAV program.
    FAA Action: No Action Required.

Land Use Measures

    The analysis of recommendations in Chapter 11 refers to a single 
land use measure described in Chapter 12 of the NCP (page 11-6, Options 
Required for Consideration by FAR Part 150). That recommendation is to 
update overlay zones and the requirements therein for Lee County.

5. Update Noise Overlay Zones

    During the Noise Overlay Zone Land Development Code approval 
process (completed in 2000), the Lee County Commission directed the Lee 
County Port Authority to reevaluate the overlay zone in an Update to 
the FAR Part 150 study to be completed by 2006. The Commission 
recognized that quieter aircraft were being added to the air carrier 
and cargo fleet mix and felt that the update should occur to determine 
whether the extent of the overlay zone limits and associated controls 
should be maintained or modified
    Proposed overlay zones are shown on Exhibit 12-2 and are for the 
year 2020. This is to address potential long range noise impacts and 
expected growth in airport operations (page 12-6). A summary of the 
land uses of the land uses for the four zones depicted on Exhibit 12-2 
is on page 12-4. Zone B encompasses the DNL 60 dB noise contour. No new 
noise-sensitive land uses would be allowed. Overflights and notice of 
potential noise associated with the airport would apply to all 
development, new and existing. Land uses in Zone B compare to previous 
Zone 3, with the addition of public notification.
    Due to the reduction in noise exposure since the last Part 150 
study (approved in 1995), the zones and controls have been modified. 
Zones C and D (encompassing areas larger than Zone B), would include 
notification of potential noise and overflights. Notification will 
include reference to factual information about flight corridors, 
proposed long range airport development, and anticipated growth in 
operations at the airport for the 2020 timeframe (Zone C). Flight 
training notice would be provided for Zone D (page 12-9).
    The LCPA will be proactive about publishing notification and 
preparing a noise notification brochure for distribution as described 
on page 12-10. It will provide facts about corridors and discourage 
noise sensitive development in the corridors (page 12-11, Exhibit 12-
10). Also, LCPA will have a record of flight corridors used, via 
passive radar (Measure 3 in this ROA). LCPA proposes to update 
forecasts in five years per Lee Plan Policy 1.7.1 or sooner if events 
occur to significantly alter the contours (pages 12-12 and 12-13).
    (NCP, pages 12-1 through 12-13; Exhibits 12-1, 12-2, 12-3, 12-4, 
12-5, 12-6, 12-7, 12-8, 12-9, and 12-10; and Tables 12-1, 12-2, and 13-
1)
    FAA Action: Approved. This is within the authority of the local 
land use jurisdictions; the Federal government does not control local 
land use. Outside the DNL 65 dB noise 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.
    These determinations are set forth in detail in a Record of 
Approval signed by the FAA on May 30, 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 Lee County Port Authority. The 
Record of Approval also will be available on-line at http:/www.faa.gov/arp/environmental/14cfr150/index14.cfm.

    Issued in Orlando, Florida on June 15, 2006.
Bart Vernace,
Acting Manager, Orlando, Airports District Office.
[FR Doc. 06-5634 Filed 6-22-06; 8:45 am]
BILLING CODE 4910-13-M