[Federal Register: February 26, 2004 (Volume 69, Number 38)]
[Notices]
[Page 9003-9006]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe04-122]
[[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