[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19789]
[[Page Unknown]]
[Federal Register: August 12, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; Kissimmee Municipal
Airport, Kissimmee, FL
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by the City of
Kissimmee 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
January 11, 1994, the FAA determined that the noise exposure maps
submitted by the City of Kissimmee under Part 150 were in compliance
with applicable requirements. On July 8, 1994, the Administrator
approved the Kissimmee Municipal Airport noise compatibility program.
Most of the recommendations of the program were approved.
EFFECTIVE DATE: The effective date of the FAA's approval of the
Kissimmee Municipal Airport noise compatibility program is July 8,
1994.
FOR FURTHER INFORMATION CONTACT:
Tommy J. Pickering, P.E., Federal Aviation Administration, Orlando
Airports District Office, 9677 Tradeport Drive, suite 130, Orlando,
Florida 32827-3596, (407) 648-6583. 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 Kissimmee
Municipal Airport, effective July 8, 1994.
Under section 104(a) of the Aviation Safety and Noise Abatement Act
(ASNA) 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
nose 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 Kissimmee submitted to the FAA on December 2, 1993, the
noise exposure maps, descriptions, and other documentation produced
during the noise compatibility planning study conducted from July 1,
1991, through November 29, 1993. The Kissimmee Municipal Airport noise
exposure maps were determined by FAA to be in compliance with
applicable requirements on January 11, 1994. Notice of this
determination was published in the Federal Register on January 28,
1994.
The Kissimmee 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 1998. 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 January 11, 1994, 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 nineteen (19) 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 July 8, 1994.
Outright approval was granted for seventeen (17) of the specific
program elements. One (1) proposed action element was approved in part
and one (1) proposed action element was disapproved for purposes of
Part 150 pending submission of sufficient information to make an
informed analysis under Part 150 criteria. The approval action was for
the following program elements:
------------------------------------------------------------------------
Measure Description NCP pages
------------------------------------------------------------------------
Operational Measures
OC1....... The airport director will work Pgs. 5-10 and 6-1, and
with the airship (blimp) Table 6-1.
operators to develop takeoff/
landing flight track procedures
to avoid adjacent noise
sensitive areas during periods
of heavy airship traffic at the
airport. The procedures will
develop flight plans for each
airship operator to use a
takeoff and landing direction
toward the middle of the
airport where Runways 15-33 and
6-24 intersect and will
consider current overall demand
and weather conditions at the
airport. FAA Action:
Disapproved for purposes of
Part 150 pending the submission
of sufficient information to
make an informed analysis under
Part 150 criteria. The NCP
includes no information on the
noise impacts of the blimps or
on noise benefits of the
proposed measure. The airport
may either submit sufficient
information for a Part 150
approval or may implement the
proposed procedures for
operational reasons provided
that the procedures meet
established guidelines under
FAR Part 91.
OC2....... All turbojet and turboprop Pgs. 5-9, 5-10, and 6-2;
aircraft operators will be Table 6-1; and Appendices
requested to use the NBAA G and I.
arrival and close-in departure
procedures. The operators of
turbojet-powered aircraft which
have a maximum certificated
takeoff weight over 75,000
pounds will be requested to use
the FAR Part 91.87 standard
noise abatement departure
profiles. FAA Action: Approved
in part. The use of the NBAA
procedures for turbojet and
turboprop aircraft less than
75,000 pounds Gross Takeoff
Weight is approved as a
voluntary measure. Subsequent
to the preparation of this NCP,
FAR Part 91 was recodified and
Advisory Circular 91-53A
outlining Noise abatement
procedures for large aircraft
was issued. Since there has
been a change in guidance not
contemplated by the NCP, the
measure suggesting use of
specific departure procedures
for large aircraft is
disapproved pending receipt of
additional information
specifying the procedure to be
used and describing its noise
benefits.
OC3....... Voluntary preferential flight Pgs. 5-11, 5-12, 6-2, and
track procedures are proposed 6-3; Exhibit 5-8, and
for implementation at the Table 6-1.
airport as follows: Turbo-jet
and turbo-prop aircraft
departing Runway 15 will be
requested to maintain runway
heading as long as possible
while climbing and to initiate
a turn to any heading only
after reaching an altitude of
1,300 feet MSL or reaching a
point along the extended
centerline past the
intersection of Route 17-92 and
just before the west shoreline
of Lake Tohopekaliga (which is
further defined as the
intersection of the extended
runway centerline and the 175
deg. radial from the Orlando
VOR). VFR traffic remaining in
the airport's standard traffic
patterns should maintain runway
heading upon departure until
reaching an altitude of 700
feet AGL. IFR traffic taking
off from Runway 33 will fly the
extended runway centerline
until reaching an altitude of
500 feet AGL. At that time the
aircraft may be turned to an on-
course or a typical westerly
heading depending upon local
traffic conditions and the
aircraft's destination.
Typically aircraft departing
Runway 33 will not go north or
east because of conflicts with
MCO. These measures will be
subject to traffic at the
airport, local traffic at
Kissimmee, and current weather
conditions. FAA Air Traffic
will approve and control use of
such procedures, and the City
of Kissimmee will publicize the
measures to pilots. FAA Action:
Approved as a voluntary measure.
Land Use Measures
PC1....... The City of Kissimmee and Pgs. 5-33, 5-34, and 6-3;
Osceola County both have and Table 6-2.
Comprehensive Plans that
address land use compatibility
in the vicinity of the airport
to some extent. It is
recommended that the
Comprehensive Plans be revised
to incorporate the Noise
Exposure Maps developed in this
Part 150 Noise Study. This will
be effective in reducing non-
compatible development in
vacant areas impacted by the
future DNL 65 dB noise exposure
contour. FAA Action: Approved.
This measure will be effective
in preventing the introduction
of new non-compatible
development.
PC2....... The City of Kissimmee has an Pgs. 5-34 to 5-36, and 6-
ordinance which establishes 3; Tables 4-4 and 6-2;
noise zones for Runway 15-33 and Appendix C.
based on aircraft noise levels.
This ordinance establishes land
use restrictions and sound
level requirements for
construction which are related
to the noise zones. It is
recommended that the noise zone
descriptions in the ordinance
be changed to conform with the
NEM. This will ensure that the
areas of applicability for
airport related noise control
measures are correctly defined.
FAA Action: Approved.
PC3....... Osceola County does not Pgs. 5-34 to 5-36, and 6-
currently have an airport noise 4; and Tables 4-4 and 6-
zoning ordinance. It is 2.
recommended that Osceola County
develop overlay zoning to
supplement the existing land
zoning. This would prevent non-
compatible development of
vacant areas in Osceola County
within the noise contours. FAA
Action: Approved.
PC4....... The City of Kissimmee Noise Pgs. 5-36, 5-37, and 6-4;
Ordinance has a real estate Table 6-2; and Appendices
sales disclosure provision C and D.
which requires that a
notification of potential noise
impacts be given to prospective
purchasers of residential
property located in noise Zones
B (DNL 70 to 75) and C (DNL 65
to 70). No residential
development is allowed in noise
Zone A (DNL 75 and above). A
listing of property requiring
notification is maintained and
updated yearly. This ordinance
requires that a disclosure
statement be completed for the
sale of all residential
property located in a noise
Zone which is filed with the
property deed. This measure
recommends that the current
noise disclosure statement be
revised to include an
additional clause and that the
disclosure statement be made
available to all title
companies and real estate
agents in the Kissimmee area.
The measure also recommends
that the exact location of
affected properties be
coordinated with the Osceola
County Property Appraiser's
office and that the Osceola
County regulations be modified
to add a real estate sales
disclosure provision to a
County noise ordinance. This
measure will provide
notification of the possibility
of aircraft flyovers and
airport generated noise to
prospective purchasers of
residential property within the
DNL 65 noise contour. FAA
Action: Approved. The FAA
strongly discourages additional
residential development in
areas with noise exposure
levels greater than DNL 65dB.
PC5....... It is recommended that the Noise Pgs. 5-37 and 6-4; Exhibit
Exposure Maps (NEM) and other 4-5; Tables 4-4 and 6-2;
criteria that were developed in and Appendix C.
this Part 150 Noise Study be
adopted into the Kissimmee City
Code. It is also recommended
that Osceola County develop a
County noise ordinance
compatible with the City's
ordinance. This will provide
the City and County with the
latest NEM documentation for
determining compatible land
uses within the noise zones and
criteria for sound level
reduction requirements for
structures. FAA Action:
Approved. The FAA strongly
discourages the development of
additional noise sensitive uses
within the DNL 65dB contour
rather than allowing such uses
if sound attenuated. This is,
however, a matter within the
jurisdiction of the City and
County and if such development
is deemed necessary by those
bodies, the houses should be
sound attenuated during
construction.
PC6....... It is recommended that City and Pgs. 5-37 and 6-4; and
County subdivision regulations Table 10.
be modified to help ensure that
adequate disclosure of airport
generated noise is provided
where needed. FAA Action:
Approved.
PC7....... It is recommended that an Pgs. 5-38 and 6-4; and
interlocal agreement between Table 6-2.
the City of Kissimmee and
Osceola County providing that a
formal site plan review for
development within the DNL 65
noise contour be established.
This will provide the City and
Airport with an opportunity to
review and respond to the
potential compatibility of
proposed development in the
County with the operation and
future plans of the airport.
FAA Action: Approved.
PC8....... It is recommended that the City Pgs. 5-38, 5-39, 6-4, and
of Kissimmee and Osceola County 6-5; Table 6-2; and
adopt acoustical treatment Appendix C.
standards for new structures
within noise Zones of DNL 65
exposure and above, and that
these standards be included in
their local comprehensive
plans, local development codes,
and noise ordinances. This will
be effective in reducing
interior noise levels for all
new construction within the
noise zones where land uses
could not be re-zoned to more
compatible uses. FAA Action:
Approved. The FAA strongly
discourages the development of
additional noise sensitive uses
within the DNL 65dB contour
rather than allowing such uses
if sound attenuated. This is,
however, a matter within the
jurisdiction of the City and
County and if such development
is deemed necessary by those
bodies, the houses should be
sound attenuated during
construction.
PC9....... Subject to available funding, Pgs. 5-38, 5-39, 6-4, and
the City of Kissimmee, with the 6-5; and Table 6-2.
owner's consent, will purchase
vacant property located within
the DNL 65, 70, or 75 noise
contours that is expected to be
developed for non-compatible
use. Purchase will be
considered only if other
measures such as the purchase
of development rights or other
less costly methods will not be
effective in a particular case.
Acquired noise property will
either be retained for aviation
use as needed or resold for a
compatible use. FAA Action:
Approved, subject to an
evaluation at the time of
implementation that the
property is within the DNL 65
contour, and to a determination
that the property either has
been zoned incompatibly or is
in imminent danger of being
developed incompatibly unless
it is acquired by the airport
operator.
PC10...... Subject to available funding, Pgs. 5-37 and 6-9; and
the City of Kissimmee will Table 6-2.
purchase the development rights
of vacant property within the
DNL 65, 70, or 75 noise
contours which cannot be
purchased outright. This will
compensate property owners for
limiting proposed development
to compatible uses. FAA Action:
Approved.
PC11...... The City of Kissimmee will Pgs. 5-39 and 6-5; and
establish a noise committee Table 6-2.
with City and County residents
to monitor noise complaints and
provide a channel of
communication between the
public and the airport. FAA
Action: Approved.
PC12...... It is recommended that the City Pgs. 5-39, 5-40, and 6-5;
of Kissimmee and Osceola County Table 6-2; and Appendix
incorporate or reference R.
Florida Statute 333, Airport
Zoning Law of 1945, in their
respective comprehensive plans
and land development codes. The
power to adopt airport zoning
regulations is included in
section 333.03. FAA Action:
Approved.
RC1....... It is recommended that the City Pgs. 5-40 and 6-6; Exhibit
of Kissimmee, subject to 5-5; and Table 6-3.
available funding and with the
owner's consent, purchase
existing non-compatible
residential property. Acquired
noise property will either be
retained for aviation use as
needed or resold for a
compatible use. Net income from
the resale of property acquired
with AIP noise funds would be
returned to the AIP fund or
used to purchase other eligible
noise impacted lands. FAA
Action: Approved.
RC2....... It is recommended that a Pgs. 5-41 and 6-6; Exhibit
redevelopment program be 5-5; and Table 6-3.
established where the city of
Kissimmee would acquire
existing non-compatible
properties located within the
DNL 65 noise contour.
Structures would be demolished
or remodeled for a compatible
use, and the acquired land
would either remain the
property of the City or be
resold with avigation easements
attached to ensure long-term
compatibility. The cost of
demolition or removal of
structures would be deducted
from the income derived from
resale of the property. Net
income from the resale of
property acquired with AIP
noise funds would be returned
to the AIP fund or used to
purchase other eligible noise
impacted lands. FAA Action:
Approved. This approval does
not constitute any
determination with respect to
AIP eligibility. Parts of this
redevelopment program may be
ineligible for Federal funding,
as the airport operator
recognizes in the NCP.
RC3....... It is recommended that the City Pgs. 5-42 and 6-6; Exhibit
of Kissimmee or Osceola County, 5-5; and Table 6-3.
with consent of the owners,
purchase avigation easements to
be held by the City for
property located within the DNL
65, 70, or 75 noise contours if
the land acquisition and
redevelopment programs are not
possible. The easement may be
acquired in exchange for
acoustical treatment of an
existing structure. FAA Action:
Approved.
RC4....... It is recommended that, subject Pgs. 5-41, 5-42 and 6-6;
to available funding, the City Exhibit 5-5; Table 6-3;
of Kissimmee establish an and Appendix C.
acoustical treatment program to
consider all eligible existing
non-compatible buildings
located within the DNL 65 noise
contour where acquisition and
conversion to compatible use
cannot be accomplished.
Eligibility will be determined
by interior noise monitoring to
determine if the need for
acoustical treatment exists
under the City's Noise
Ordinance. Acoustical treatment
would be performed on a
priority basis with schools
first, single family homes
second, and multi-family homes
and apartment complexes third.
A structure within the DNL 70
noise contour would be treated
before a structure within the
DNL 65 but outside the DNL 70
noise contour. It is
recommended that specific
consideration be given to
Pleasant Hill Elementary School
and Osceola High School. FAA
Action: Approved. Further
specific consideration of
acoustical treatment for
Pleasant Hill Elementary school
and Osceola High School should
include consideration of the
location of the DNL 65 dB
contour and revised noise
zones. AIP funding may not be
available to fund projects
located in areas outside the
DNL 65 dB contour.
------------------------------------------------------------------------
These determinations are set forth in detail in a Record of
Approval endorsed by the Administrator on July 8, 1994. 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 offices of the City of
Kissimmee.
Issued in Orlando, Florida on July 25, 1994.
Charles E. Blair,
Manager, Orlando Airports District Office.
[FR Doc. 94-19789 Filed 8-11-94; 8:45 am]
BILLING CODE 4910-13-M
