[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21227-21229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07451]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program Update, Fort Lauderdale-
Hollywood International Airport (FLL), Fort Lauderdale, Florida
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the Noise Compatibility Program (NCP) Update submitted by
Broward County for the Fort Lauderdale-Hollywood International Airport
(FLL). See supplementary information for details. On October 3, 2019,
the FAA determined that the Noise Exposure Maps (NEMs) submitted by
Broward County under Part 150 were in compliance with applicable
requirements. On October 12, 2022, the FAA determined that it would be
initiating final review of the noise compatibility program submitted by
Broward County for approval or disapproval. On March 30, 2023, the FAA
approved the Fort Lauderdale-Hollywood International Airport NCP
Update. The NCP contained four noise abatement measures, six land use
measures, and nine program management measures. Three of the four noise
abatement measures proposed at FLL are related to new or revised flight
procedures. Of the 19 measures proposed, 15 were approved, one was
approved as voluntary, and three were disapproved for purposes of part
150.
APPLICABLE DATE: The effective date of the FAA's approval of the Fort
Lauderdale-Hollywood International Airport NCP Update is March 30,
2023.
FOR FURTHER INFORMATION CONTACT: Peter Green, Federal Aviation
Administration, Orlando Airports District Office, 8427 SouthPark
Circle, Suite 524, Orlando, Florida 32819, (407) 487-7296. Documents
reflecting this FAA action may be reviewed at this same location by
appointment with the above contact.
SUPPLEMENTARY INFORMATION: This notice announces FAA's approval of the
Noise Compatibility Program Update for the Fort Lauderdale-Hollywood
International Airport (FLL), effective on March 30, 2023. Per United
States Code section 47504 (49 U.S.C. 47504) and Title 14, Code of
Federal Regulations (CFR) part 150, an airport sponsor who previously
submitted a noise exposure map (NEM) may submit to the FAA a noise
compatibility program which sets forth the measures taken or proposed
by the airport sponsor for the reduction of existing non-compatible
land uses and prevention of additional non-compatible land uses within
the area covered by the NEMs. As required by 49 U.S.C. 47504, such
programs must be developed in consultation with interested and affected
parties including local communities, government agencies, airport
users, and the FAA. The FAA does not substitute its judgment for that
of the airport sponsor with respect to which measures should be
recommended for action. The FAA approval or disapproval of an airport
sponsor's recommendations in their noise compatibility program are made
in accordance with the requirements and standards pursuant to 49 U.S.C.
47504 and 14 CFR part 150, which is limited to the following
determinations:
a. The noise compatibility program was developed in accordance with
the provisions and procedures of 14 CFR 150.23;
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
[[Page 21228]]
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 of FAA's approval of NCPs are delineated in 14
CFR 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 noise compatibility program nor a determination
that all measures covered by the NCP are eligible for grant-in-aid
funding from the FAA. Where federal funding is sought, requests must be
submitted to the FAA Orlando Airports District Office at 8427 SouthPark
Circle, Suite 524, Orlando, Florida 32819.
Broward County submitted the noise exposure maps, descriptions, and
other documentation produced during the noise compatibility planning
study to the FAA and the FAA determined that the NEMs for FLL were in
compliance with applicable requirements under 14 CFR 150, effective
October 3, 2019 (Noise Exposure Map Notice for Fort Lauderdale-
Hollywood International Airport, Fort Lauderdale, FL, volume 84,
Federal Register, pages 54942-3, October 11, 2019). The FAA formally
received the NCP based on the accepted NEMs for FLL on December 20,
2021. The airport operator requested that the FAA review the submitted
material and that the noise mitigation measures, to be implemented
jointly by the airport and surrounding communities, be approved as a
NCP. The formal review period, limited by law to a maximum of 180 days,
was initiated on October 12, 2022. Notice of the intent to review the
NCP was published in the Federal Register on October 18, 2022 (Notice
of Receipt of Noise Compatibility Program Update and Request for
Review, volume 87, Federal Register, pages 63146-7, October 18, 2022).
The Federal Register Notice also announced the start of a 60-day period
of public review for the NCP documentation. The FAA received one
comment from an interested party during the public review period and
one comment after the comment period closed.
The FLL NCP is comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions within
the next one to five years. It was requested that the FAA evaluate and
approve this material as a noise compatibility program as described in
49 U.S.C. 47504. The FAA began its review of the program on October 12,
2022 and was required by a provision of 49 U.S.C. 47504 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 an
approval of such program.
The submitted program contained 19 proposed measures to minimize
impacts of aviation noise on and off the airport. The FAA completed its
review and determined that the procedural and substantive requirements
of the 49 U.S.C. 47504 and 14 CFR part 150 were satisfied. A Record of
Approval for the overall program was issued by the FAA effective March
30, 2023.
The specific program elements and their individual determinations
are as follows:
FLL Noise Abatement Measure 1 (NA-1): Continue Voluntary User
Program for Runway 10R-28L--Approved as a Voluntary Measure.
FLL Noise Abatement Measure 2 (NA-2): Reduce Early Aircraft
Departure Turns from FLL through Implementation of ELSO or ELSO-
Equivalent Procedures During West-Flow Conditions--Disapproved for
Purposes of Part 150.
FLL Noise Abatement Measure 3 (NA-3): Reduce Early Aircraft
Departure Turns from FLL through Implementation of ELSO or ELSO-
Equivalent Procedures during East-Flow Conditions--Disapproved for
Purposes of Part 150.
FLL Noise Abatement Measure 4 (NA-4): Modify Aircraft Arrival
Profiles to the West of FLL to Keep Aircraft Higher--Disapproved for
Purposes of Part 150.
FLL Land Use Measure LU-1: Implement a Voluntary Acquisition
Program for a Portion of the Ocean Waterway Mobile Home Park--Approved.
FLL Land Use Measure LU-2: Implement a Voluntary Acquisition
Program for a Portion of the Everglades Lakes Mobile Home Park--
Approved.
FLL Land Use Measure LU-3: Implement a Voluntary Residential Sound
Insulation Program for Eligible Dwelling Units located in the Future
Conditions (2023) DNL 65 and Higher Contours--Approved.
FLL Land Use Measure LU-4: Encourage Local Jurisdictions to
Implement Real Estate Fair Disclosure Requirements that Address
Potential for Aircraft-Related Noise--Approved.
FLL Land Use Measure LU-5: Encourage Local Jurisdictions to
Incorporate Planning Actions in their Respective Comprehensive Plans
related to Aircraft Noise that are Consistent with the Policies of the
BrowardNEXT Plan--Approved.
FLL Land Use Measure LU-6: Encourage Local Jurisdictions Efforts to
Incorporate Noise Overlay Zoning Ordinances to Regulate Sound
Attenuation and Compatible Land Uses near the Airport--Approved.
FLL Program Management Measure 1 (PM-1): Maintain the Existing
Noise Office and Information web page--Approved.
FLL Program Management Measure 2 (PM-2): Evaluate/Update the
Existing Noise Monitoring and Flight Tracking System--Approved.
FLL Program Management Measure 3 (PM-3): Maintain Noise Complaint
Management System--Approved.
FLL Program Management Measure 4 (PM-4): Conduct Community Outreach
Activities--Approved.
FLL Program Management Measure 5 (PM-5): Evaluate the Composition
of the ANAC--Approved.
FLL Program Management Measure 6 (PM-6): Install Runway Reminder
Signs--Approved.
FLL Program Management Measure 7 (PM-7): Evaluate a Voluntary Fly
Quiet Program--Approved.
FLL Program Management Measure 8 (PM-8): Update the Noise Exposure
Maps--Approved.
FLL Program Management Measure 9 (PM-9): Update the Noise
Compatibility Program--Approved.
These determinations are set forth in detail in the Record of
Approval signed by the FAA Airports Southern Division Deputy Director
on March 30, 2023. 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. The Record of Approval will also
be available on the internet on the FAA's website at http://www.faa.gov/airports/environmental/airport_noise/part_150/states/ and
Broward County's
[[Page 21229]]
FLL Part 150 Study website at http://www.fllpart150.com.
Issued in Orlando, FL, on April 4, 2023.
Bartholomew Vernace,
Manager, Airports District Office, Southern Region.
[FR Doc. 2023-07451 Filed 4-7-23; 8:45 am]
BILLING CODE P