[Federal Register Volume 60, Number 233 (Tuesday, December 5, 1995)]
[Notices]
[Pages 62285-62287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29566]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program, Southwest Florida
International Airport, Ft. 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 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
November 21, 1994, the FAA determined that the noise exposure maps
submitted by the Lee Country Port Authority under Part 150 were in
compliance with applicable requirements. On May 17, 1995, the FAA
determined that the revised future noise exposure map was in compliance
with applicable requirements. On November 13, 1995, the Administrator
approved the Southwest Florida International Airport noise
compatibility program. All of the recommendations of the program were
approved.
EFFECTIVE DATE: The effective date of the FAA's approval of the
Southwest Florida International Airport noise compatibility program is
November 13, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Tommy J. Pickering, P.E., Federal
Aviation Administration, Orlando Airports District Office, 9677
Tradeport Drive, Suite 130, Orlando, Florida 32827-5397, (407) 648-
6583, 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 Southwest
Florida International Airport, effective November 13, 1995.
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 light 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
[[Page 62286]]
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
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 Lee County Port Authority submitted to the FAA on November 7,
1994, the noise exposure maps, descriptions, and other documentation
produced during the noise compatibility planning study conducted from
January 1994 through April 1995. The Southwest Florida International
Airport noise exposure maps were determined by FAA to be in compliance
with applicable requirements on November 21, 1994. The revised future
noise map was determined by FAA to be in compliance with applicable
requirements on May 17, 1995. Notice of these determinations was
published in the Federal Register.
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 the date of study completion to the year 2000. 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 May 17, 1995, 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) 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 November 13,
1995.
The noise compatibility program, pages VII-1 through VII-4,
incorporate by reference all of the noise compatibility program
measures previously approved by the FAA in 1990. A copy of the FAA's
1990 Record of Approval is included as Appendix H to this noise
compatibility program. The airport operator proposes to maintain as
effective all previously approved measures except a modification to
reduce thrust on departures (page VII-2).
Out right approval was granted for all of the specific program
controls. The approval action was for the following program controls:
Operational Measures
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Operational control No. Description NCP pages
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1........................... The Alico One SID is recommended to continue. pgs. VII-2 to VII-6; Exhibit
Adjustments to account for drift should be made 17; Tables 11 & 12; and
by ATC to avoid drift into residential Appendix G.
communities. FAA Action: Approved.
2........................... It is recommended that once a full Stage 3 fleet pgs. VII-2 to VII-6; Exhibit
occurs at the Airport, destination turns related 17; Tables 11 & 12; and
to the Alico One SID should not begin until the Appendix G.
aircraft reach an altitude of 4,000 feet to
increase use of the Alico Corridor and increase
altitude over residential areas. FAA Action:
Approved.
3........................... In ATC's upcoming airspace evaluation, include in pgs. VII-6 to VII-7; Exhibit
the evaluation the directing of commuter aircraft 17; Tables 11 & 12; and
departing on Runway 24 to northern destinations Appendix G.
to turn over I-75 to reduce noise over
residential areas north of the Alico Corridor. In
the interim, use the Alico Corridor as much as
possible for commuter departures. FAA Action:
Approved.
4........................... Establish a 1,600 foot minimum altitude to be pgs. VII-7 to VII-8 and Table
maintained over the outer marker for IFR arrivals 12.
to Runway 6. This will maintain altitude over
residential areas. FAA Action: Approved.
5........................... It is recommended that the Airport maintain the pgs. VII-7 to VII-9 and Table
current ILS approach until the GPS is available. 12.
At that time, the GPS should be analyzed for
possible implementation of GPS arrival
procedures. This will provide for future
flexibility in reducing arrival noise by avoiding
densely developed residential areas. FAA Action:
Approved.
6........................... Eliminate the close-in turn for departures off pgs. VII-8 to VII-9; Exhibit
Runway 6 to reduce impacts on Gateway Elementary 17; and Tables 11 & 12.
School by having ATC tower personnel delay
switching to departure control until aircraft
have cleared the northeast end of the Runway. FAA
Action: Approved.
7........................... It is recommended that the ``distant'' procedures pg. VII-10 and Table 12.
for departures from RSW be implemented consistent
with FAA Advisory Circular No. 91-53A, Noise
Abatement Departure Profiles. FAA Action:
Approved.
8........................... When operating simultaneous departures, divergence pgs. VII-10 and VII-11.
should occur on Runways 6L and 24L to maximize
the use of noise abatement procedures. With the
proposed divergence, departures on Runway 6 would
continue to follow noise abatement turns north of
Gateway. FAA Action: Approved.
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[[Page 62287]]
Land Use Measures
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Land use control measure No. Description NCP pages
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1........................... This measure is recommended to provide for noise pgs. VII-12 to -13, VII-25 to -
and avigation easements over property within the 26, VII-33 to -34, VII-40 to -
extended Airport Noise Overlay Zones 2 and 3 to 42 & VII-44 to -45; Exhibits
be dedicated to Lee County for any use permitted 16, 20 & 21; and Table 13.
by these zoning codes. This results in
notification to those proposing future
development within the Noise Overlay Zones and
will provide protection to the airport from
development near the airport. FAA Action:
Approved.
2........................... It is recommended that Noise Overlay Zones 2 and 3 pgs. VII-12 to -13, VII-17,
be extended in the Airport vicinity based on the VII-25 to -26, VII-40 to -46;
1999 (with parallel runway and runway extensions) Exhibits 16, 20 & 21; and
NEM. Zone 2 and Zone 3 consists of those areas of Table 13.
land encompassed by the 60 DNL and 65 DNL
respectively. No mobile homes are permitted in
Zone 2. Zone 3 does not allow homes, churches,
libraries, schools, hospitals, correctional
institutions or nursing homes in the area. This
will help promote future land use compatibility
development in new areas in Lehigh Acres, Timber
Trails and south of Alico Road, will extend
protection within Alico Corridor, and will assist
in the implementation of Land Use Control
Measures 1 and 4. Noise Overlay Zones in
Southeast Gateway should be maintained. FAA
Action: Approved.
3........................... It is recommended that current and future land use pgs. VII-12 to -16, VII-41,
designations in the Lee Plan be maintained within VII-43 & VII-45, Exhibits 14
the Alico Corridor and Timber Trails areas. This & 21; and Table 13.
will maintain areas for future compatible
development (Alico Corridor) and effectively
discourage incompatible residential development
(Timber Trails). FAA Action: Approved.
4........................... It is recommended that the building code be pgs. VII-14 to -15, VII-37 to -
amended to provide the property owner with 38 & VII-44 to -45; and Table
optional sound attenuation specifications for new 13.
dwellings located with the boundary of Noise
Overlay Zone 3. This will address noise impacts
on new noise sensitive uses that are vested and
can be constructed in both the Alico Corridor and
Timber Trails areas. FAA Action: Approved The FAA
strongly discourages any new noncompatible
construction within the DNL 65 dB noise contour.
Any new construction within this noise contour
may not be eligible for Federal funding for
airport noise mitigation..
5........................... It is recommended that the Lee Plan Future Land pgs. VII-17, VII-26 to -32 and
Use Designation be amended to designate an area VII-42 to -43; Exhibits 14 &
south of Alico Road and immediately east and west 20; and Table 13.
of I-75 for Industrial Commercial use (University
spin-off area). This will promote land use
compatibility and allow for a more logical and
cohesive development in an area that will
experience aircraft overflights and noise from
the proposed new parallel runway. FAA Action:
Approved.
6........................... It is recommended that the Lee County Zoning pgs. VII-17, VII-21 to 25 and
regulations be amended to support commercial use VII-42; Exhibits 15 & 20; and
zoning in areas south of Alico Road and Table 13.
immediately east and west of I-75. This will
ensure that residential development does not
occur in areas that will be subject to
overflights and sideline noise from the proposed
new parallel runway. FAA Action: Approved.
7........................... It is recommended that information regarding noise pgs. VII-34 to -35 & VII-46;
exposure in the vicinity of the Airport and and Table 13.
sample disclosure statements be distributed to
all real estate agents in the area. This will
provide the agents with a written notice of a
property's location relative to the Airport and
certain aircraft noise levels that may be
incompatible with residential and other noise-
sensitive land uses. The dissemination of this
information may also enhance the Airport's
position in the event of legal action. FAA
Action: Approved.
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These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on November 13, 1995. 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.
Issued in Orlando, Florida on November 28, 1995.
Charles E. Blair,
Manager, Orlando, Airports District Office.
[FR Doc. 95-29566 Filed 12-4-95; 8:45 am]
BILLING CODE 4910-13-M
