[Federal Register Volume 62, Number 222 (Tuesday, November 18, 1997)]
[Notices]
[Pages 61574-61578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30228]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program: Naples Municipal
Airport, Naples, 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 City of
Naples under the provisions of Title I of the Aviation Safety and Noise
Abatement Act of 1979 (Public Law 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 April
2, 1997, the FAA determined that the noise exposure maps submitted by
the City of Naples under Part 150 were in compliance with applicable
requirements. On September 29, 1997, the Administrator approved the
Naples Municipal Airport noise compatibility program. Most of the
program measures were fully approved. Four (4) measures was partially
approved and one (1) measure was disapproved.
EFFECTIVE DATE: The effective date of the FAA's approval of the Naples
Municipal Airport noise compatibility program is September 29, 1997.
FOR FURTHER INFORMATION CONTACT:
Mr. Tommy J. Pickering, P.E., Federal Aviation Administration, Orlando
Airports District Office, 5950 Hazeltine National Drive, Suite 400,
Orlando, Florida 32822, (407) 812-6331, Extension 29. 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 Naples
Municipal Airport, effective September 29, 1997.
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, 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.
The City of Naples submitted to the FAA on March 24, 1997, updated
noise exposure maps, descriptions, and other documentation produced
during the noise compatibility planning study conducted from April 3,
1995 through March 21, 1997. The Naples Municipal Airport noise
exposure maps were determined by FAA to be in compliance with
applicable requirements on April 2, 1997. Notice of this determination
was published in the Federal Register.
The Naples Municipal Airport 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 2002. It was requested that
FAA evaluate and approve this material as a noise compatibility program
as
[[Page 61575]]
described in Section 104(b) of the Act. The FAA began its review of the
program on April 2, 1997, 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 fifteen (15) proposal 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 September 29,
1997.
Outright approval was granted for ten (10) of the fifteen (15)
specific program measures. Four (4) measures were partially approved
and one (1) measure was disapproved. The approval action was for the
following program controls:
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Noise abatement measure Description NCP pages
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OPERATIONAL MEASURES
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7.2.1 Preferential Runway.............. It is recommended that the existing Pages 3-3 to 3-8 and 7-1;
preferential runway measure to maximize Tables 3-1 to 3-3, 3-16,
the use of Runway 4 for departures and 7-1 and 7-2; and Figures
Runway 22 for arrivals for aircraft with 3-1 and 3-2.
departure noise levels exceeding 76.4
EPNdB to continued in order to take
advantage of the low sensitivity to noise
of the commercial/industrial development
located northeast of the airport.
Implementation is based on pilot
education and preferential runway
assignment by the air traffic controllers
when the tower is open. FAA Action:
Approved.
7.2.2 Flight Procedures................ This measure recommends elimination of the Pages 3-12, 3-13, and 7-3;
existing restriction to initial climb Figure 3-4; and Tables 3-
altitudes on departure from Naples 6, 3-16 and 7-2.
Municipal Airport (APF) to 2,000' above
sea level (ASL). FAA Action: Disapproved.
This measure will not have a significant
noise reduction. In addition, it could
interfere with air traffic safety and
efficiency because the altitude limit is
initially necessary to ensure separation
from other traffic in the area and is
removed by the controller when the
aircraft is radar identified and
separation is assured.
7.2.3 Flight Paths...................... Revised Visual Flight Rules (VFR) noise Pages 3-16 to 3-31, 7-3
abatement departure flight paths have and 7-4; Tables 3-8 to 3-
been proposed for each runway at the 11, 3-16 and 7-2; and
airport to reduce noise by moving traffic Figures 3-5 to 315.
away from developed areas.
Runway 4--early left turn. Aircraft would
fly just to the east of Airport-Pulling
Road and would avoid the residential
communities in the area.
Runway 22--right turn. Aircraft would move
away from the majority of the residential
dwellings which are located southwest of
the airport.
Runway 13--early left turn. This track
turns aircraft just north of Davis
Boulevard, away from the residential
development south of Davis.
Runway 31--the existing departure, with a
right turn, would impact the least number
of people due to the fact that the
aircraft do not overfly the coastline
with its density packed residential units.
The FAA must also develop procedures which
allow the pilots to fly these preferred
flight paths. This is typically
accomplished through SIDs or STARs, which
are departure or arrival paths defined by
radio navigation aids. Current systems
such as the VOR, located on and off the
airport, already provide this capability,
but newer technology has even greater
promise. Two newer systems, the Global
Positioning System (GPS) and Transponder
Landin System (TLS) could be used to
define complex curved approach or
departure paths which could be used to
keep aircraft away from densely populated
residential areas. The NAA has applied
for state grants to install the TLS
system by the end of the fiscal year
1997. FAA Action: Approved in part as a
voluntary measure. The recommended noise
abatement departure flight paths are
approved as voluntary. The measure is
disapproved in part, for purposes of Part
150, for that portion of the proposal
which recommends use of the GPS and TLS
to define complex curved approach and
departure paths, pending submission of
additional information describing the
noise benefits of these techniques when
technology becomes available.
7.2.4 Helicopters...................... It is recommended that the existing noise Pages 3-31, 3-32 and 7-4;
abatement measures for helicopters be and Tables 3-7, 3-16, 7-1
continued including modification of take- and 7-2.
off areas to implement common centralized
departure areas and education of
helicopter pilots. Helicopter pilots have
agreed to depart from midfield, rather
than runway ends, in order to obtain as
much altitude as possible before
departing the airport and helicopters
will follow the fixed wing routes on the
crosswind runway. The Naples Airport
Authority (NAA) will maintain contact
with pilot operators to modify these
procedures, if necessary, and work out
additional issues as they arise. FAA
Action: Approved as a voluntary measure.
[[Page 61576]]
7.2.5 Use Restrictions................. This following measures were adopted by Pages 3-32 to 3-42 and 7-
ordinance effective May 15, 1996, and are 4; Tables 3-12 to 3-14, 3-
proposed for FAA approval in this Part 16 and 7-4; and Figures 3-
150 document. The measures include: a. 16 and 3-17);
nighttime elimination of Stage 1 aircraft supplemental information
use of the airport; b. voluntary curfew submitted from NAA by
of Stage 2 and 3 jets during nighttime letter dated July 31,
hours; c. future nighttime elimination of 1997.
Stage 2 aircraft after the beginning of
the year 2000, which is the target for
the federal phase-out of Stage 2 aircraft
weighing greater than 75,000 pounds.
These restrictions would not apply to
emergency flights, medical or government
flights, or other flights which are for
the benefit of public health, safety, and
welfare. A Part 161 study may be
appropriate or required. FAA Action: a.
Approved, with respect to the Stage 1
ban. The airport operator has submitted
supplemental information by letter dated
July 31, 1997, which has been made part
of this ROA, to support that Stage 1
operators have been successfully able to
comply with this measure. The NCP states
that this measure would reduce the
population impacted within the DNL 65dB
noise contour from 158 to 0 for the 5-
year time frame. This measure has been in
effect since May 1996 with no apparent
concern by affected operators regarding
undue burden on interstate or foreign
commerce (see supplemental information
submitted by airport operator). However,
should impacts on air commerce occur
which cannot be foreseen at the time of
this approval, the FAA will reevaluate
this determination in view of new factual
information to ascertain whether it still
meets the standards for Part 150 approcal
or whether approval should be withdrawn
in accordance with section 105.35(d)(6).
b. Disapproved for purposes of Part 150
pending submission of sufficient
information to make an informed analysis
with respect to the voluntary curfew of
Stage 2 and Stage 3 jets during nighttime
hours. Although noise benefits of the
voluntary curfew may be ``intuitive'',
the NCP does not provide noise benefits
for this measure. Truly voluntary
operational measures affecting Stage 2
and Stage 3 aircraft are not subject to
14 CFR Part 161. However, any changes to
the method of implementation which may
affect whether this measure is voluntary
would be subject to applicable procedures
contained in 14 CFR Part 161. c.
Disapproved with regard to the mandatory
Stage 2 phaseout to begin the year 2000,
pending satisfactory compliance with 14
CFR Part 161, and pending submittal of
additional information to make an
informed analysis. The Federal phaseout
applies to aircraft weighing greater than
75,000 pounds. The NCP states that
``Significantly less than 1 percent of
all corporate jet operations at APF are
in aircraft with maximum gross takeoff
weights over 75,000 pounds.'' Part 161
requires separate analysis of
restrictions on Stage 2 aircraft weighing
less than 75,000 pounds; in addition, the
burden on commerce has not been presented
nor are the noise impacts versus the
benefits of this measure presented.
7.2.6 Ground Noise..................... It is recommended that the existing ban on Pages 3-43 to-3 45; Tables
nighttime (between 10:00 p.m. and 7:00 3-16, 7-1 and 7-2; and
a.m.) maintenance runups, effective May Figures 3-18 and 3-17.
15, 1996, and the designated locations
and orientations recommended for
maintenance and pre-flight runups for
turboprop aircraft be continued.
Operators may request permission from
airport management to conduct a
maintenance runup during the restricted
hours under exceptional circumstances.
For example, an operator may require the
aircraft for an early morning departure,
which would have to incur a substantial
delay if the runup could not be conducted
until after 7:00 a.m. For such approval,
management may set limits on exactly when
and where the runup would be conducted,
and limit duration of the runup and the
power settings used. Maintenance or pre-
flight runups for turboprop aircraft
should be conducted at one of the
locations shown on Figure 3-19 in the NCP
document and, as wind conditions permit,
should be oriented to the north or
northeast. This will abate ground noise
levels in the community, especially at
times when background noise levels are
very low. FAA Action: Approved. FAA
approval is given in consideration of the
exceptions available to aircraft
operators. This measure has been in
effect since May 1995. New information
which may become available to the FAA
which demonstrates that this measure
could impact total number or hours of
Stage 2 or Stage 3 aircraft operations
may make this measure subject to
applicable requirements of 14 CFR Part
161.
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[[Page 61577]]
LAND USE MEASURES
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7.3.1 Land Acquisition................. This measure recommends land acquisition Pages 5-2 to 5-5 and 7-5;
in Rock Creek Campground and residential Tables 5-2 and 7-3; and
or vacant uses in the Naples Villas area Figures 4-2 and 5-1.
to develop a compatible buffer when no
other land use strategy is appropriate.
FAA Action: Approved under 14 CFR Part
150 with respect to noncompatible land
uses within the noise contours of the
official noise exposure maps as provided
in the Aviation Safety and Noise
Abatement Act and 14 CFR Part 150. Some
of these areas may be outside of the
noise contours, in which case they would
be outside the parameters of this Part
150 approval. However, the FAA would
encourage local government to exercise
its prerogative to establish noise
buffers that meet locally determined
needs. Vacant land is deemed compatible
under 14 CFR Part 150 unless it is
demonstrated that there is imminent
danger of it being developed
noncompatibly.
7.3.2 Easements........................ This measure recommends the purchase of Pages 5-7, 5-8 and 7-5;
easements for homes in the Naples Villas Tables 5-2 and 7-3; and
area and the consideration of easements Figures 4-2 and 5-1.
for Rock Creek Campground to provide an
adequate buffer of compatible uses around
the airport. FAA Action: Approved under
14 CFR Part 150 with respect to
noncompatible land uses within the noise
contours of the official noise exposure
maps as provided in the Aviation Safety
and Noise Abatement Act and 14 CFR Part
150. Some of these areas may be outside
of the noise contours, in which case they
would be outside the parameters of this
Part 150 approval. However, the FAA would
encourage local government to exercise
its prerogative to establish noise
buffers that meet locally determined
needs. Vacant land is deemed compatible
under 14 CFR Part 150 unless it is
demonstrated that there is imminent
danger of it being developed
noncompatibly.
7.3.3 Zoning/Land Use Planning......... The NAA has adopted the DNL 65dB noise Pages 5-10 to 5-12 and 7-
contour as the threshold of 5; Tables 5-2 and 7-3;
incompatibility for residential areas, and Figure 5-2.
but for zoning and land use planning this
measure recommends that the area within
the DNL 60dB noise contour apply the same
standard as Part 150 recommends for the
DNL 65dB noise contour as a buffer to
ensure that residential and noise
sensitive uses are not developed too
close to the Airport. FAA Action:
Approved. This is within the authority of
the local land use planning jurisdictions.
7.3.4 Fair Disclosure.................. It is recommended that a Fair Disclosure Pages 5-13, 5-14 and 7-5;
Program be developed to educate potential and Tables 5-2 and 7-3.
home buyers of the airport and its flight
paths through voluntary cooperation from
realtors, lenders, property managers, and
local government staff so all potential
residents who would be located along the
flight paths for the runways would be
aware of their location. This measure
includes the development, publication and
distribution of information regarding
airport noise and operations. FAA Action:
Approved.
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CONTINUING PROGRAMS MEASURES
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7.4.1 Noise Abatement Officer.......... It is recommended that the Noise Abatement Pages 2-3, 6-1 and 7-6;
Officer position currently being filed by and Table 7-4.
staff with additional responsibilities at
the Airport be continued. This person's
responsibilities include oversight of the
implementation of all noise abatement/
land use compatibility programs as well
as investigation of noise complaints FAA
Action: Approved.
7.4.2 Noise Compatibility Advisory This measure recommends the implementation Pages 6-1 and 7-6; and
Committee. of a noise compatibility advisory Table 7-4.
committee with membership consisting of
representatives of airport users and
tenants, local officials, area
businesses, area residents, and Airport
management. This will be an advisory
committee to provide feedback regarding
noise issues and represent all interests
on and around the airport FAA Action:
Approved.
7.4.3 Noise Monitoring Program......... This measure recommends the implementation Pages 6-2 and 7-6; and
of a noise monitoring program and the Table 7-4.
purchase (or rental) of a portable noise
monitor and associated computer software
and hardware. Residents surrounding the
Airport can assist the noise abatement
officer by providing sites for noise
monitoring FAA Action: Approved.
7.4.4 Public Information Program....... The development and implementation of a Pages 6-2 and 7-6; and
public information program is recommended Table 7-4.
to provide the public with information
which makes them aware of the efforts of
the Airport management to address their
concerns. One measure which would
continue is the newsletter which is
routinely published by the NAA. FAA
Action: Approved.
7.4.5 NCP Review, Evaluation, and This measure recommends that the Noise Pages 6-2 and 7-6; and
Revision. Compatibility Program be reviewed and Table 7-4.
evaluated on a regular basis to measure
performance against goals. The Part 150
will be updated every five years or
sooner if applicable. FAA Action:
Approved.
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[[Page 61578]]
These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on September 29, 1997. 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 City of
Naples.
Issued in Orlando, Florida on October 22, 1997.
Charles E. Blair,
Manager, Orlando Airports District Office.
[FR Doc. 97-30228 Filed 11-17-97; 8:45 am]
BILLING CODE 4910-13-M
