[Federal Register: June 23, 2006 (Volume 71, Number 121)]
[Notices]
[Page 36161-36163]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn06-87]
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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]
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