[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]


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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.

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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

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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]
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