[Federal Register Volume 71, Number 203 (Friday, October 20, 2006)]
[Notices]
[Pages 62034-62037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8790]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; St. Lucie County 
International Airport, Fort Pierce, 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 St. Lucie 
County Board of County Commissioners 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 23, 
2006, the FAA determined that the noise exposure maps submitted by the 
St. Lucie County Board of County Commissioners under part 150 were in 
compliance with applicable requirements. On August 21, 2006, the FAA 
approved the St. Lucie County 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 St. Lucie County 
International Airport noise compatibility program is August 21, 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 St. Lucie 
County International Airport, effective August 21, 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 non-compatible 
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

[[Page 62035]]

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 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.
    St. Lucie County Board of County Commisioners submitted to the FAA 
on December 21, 2005, the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from August 2003 through December 2005. The St. Lucie County 
International Airport noise exposure maps were determined by FAA to be 
in compliance with applicable requirements on February 23, 2006. Notice 
of this determination was published in the Federal Register on February 
23, 2006.
    The St. Lucie County Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
the year 2005 to the year 2010. 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 
February 23, 2006, and was required by a provision 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 fourteen (14) proposed actions for 
noise mitigation on an 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 August 21, 2006.
    Outright approval was granted for a number of the specific program 
elements. Three (3) measures were disapproved; one pending submission 
of additional information to make an informed analysis, one based on 
issues outside of the 65 DNL contour, and one due to lack of expected 
noise benefits.

Operational Measures

1. Discourage Stage 1 Aircraft Operations Unless for Life Safety, 
Emergency or Aircraft Recertification

    Implement the voluntary discouragement of State 1 aircraft 
operations at FPR unless for life safety, emergency, or aircraft 
recertification. (Supplemental sponsor letter dated May 15, 2006; NCP, 
page ES-2, NCP Recommendations; pages 133-134, including Table 11.5; 
Figure 11.3.)
    FAA Action: Approved as voluntary, for purposes of Part 150. This 
measure is recommended on a voluntary basis, and may not be imposed as 
mandatory nor may aircraft owners or pilots be penalized if they do not 
choose to voluntarily comply. Estimated benefits of implementing the 
measure on a voluntary basis are shown on page 134, and show a 
reduction of impacts to 47 people presently within the 60 DNL noise 
contour.

2. Maintain Voluntary Touch and Go Training Procedures

    <bullet> Touch and Go training acceptable between 8 a.m. and 2 
hours after sunset (Monday through Saturday), and Touch and Go training 
not acceptable on Sundays or Holidays (Sponsor supplemental letter 
dated May 15, 2006 and NCP, pages ES-2, 134-136, and Table 11.7).
    FAA Action: Disapproved pending submission of additional 
information to make an informed analysis. The NCP did not evaluate the 
benefit of this specific measure. The FAA recognizes that the 
procedures are currently being used on a voluntary basis as traffic, 
weather and airspace safety and efficiency permit. This disapproval 
does not prohibit the sponsor from implementing this voluntary 
procedure.

3. Runway 14 Preferred in Calm Wind

    Runway 14 is preferred for calm wind operation (until construction 
of the new runway 9L/27R) (Sponsor supplemental letter dated May 15, 
2006; NCP, page ES-2, NCP Recommendations; pages 136-138 and Table 
11.8, analysis of the measure; Figure 11.9 and Table 11.9, page 165, 
Estimated Population and Sensitive Receptors for 2005 DNL 
Alternatives).
    FAA Action: Approved on a voluntary basis during clam winds as 
traffic, weather, and airspace safety and efficiency permit. The NCP 
shows the preferred use of Runway 14 would reduce the population within 
the DNL 60 dB impacted by nine people (Figure 11.9 and Table 11.9.).

4. New Runway 9L/27R Preferred for Flight Training to the Extent 
Possible

    During the five-year planning timeframe, FPR will construct a 
parallel runway 9L-27R. This runway is designed to accommodate flight-
training aircraft, which are prevalent at FPR. (Sponsor supplemental 
letter dated May 15, 2006; NCP, pages ES-2, NCP Recommendations; 160-
162, and page 165, Figures 11.18 and 11.20; and Table 11.15).
    FAA Action: Approved on a voluntary basis as traffic, weather, and 
airspace safety and efficiency permit. The FPR Air Traffic Control 
Tower has stated that multiengine training would remain primarily on 
the existing runway once the proposed parallel runway is constructed. 
Capacity considerations could also affect the number of operations on 
the new runway. Further, this measure must not be construed as a 
mandatory procedure for noise abatement purposes. The FAA is not 
responsible for monitoring or regulating the number/volume of 
operations other than for safety and efficiency, nor is it responsible 
for ``enforcing'' noise abatement/voluntary actions. The FPR ATCT will 
select runways and

[[Page 62036]]

procedures that maximize the efficiency of air traffic flow at all 
times; noise abatement procedures are voluntary and may be used when 
operating conditions permit. By shifting a portion of training 
operations to this runway, an overall reduction in the number of 
persons affected by noise would occur. Figures 5.10a and 5.10b 
illustrate touch-and-go flight tracks would occur primarily over 
airport property, thereby benefiting populations outside the 65 DNL 
noise contour by reducing over flights over those noise sensitive 
areas.

5. Jet Aircraft Use ``Close-in'' Noise Abatement Departure Profile

    Recommend the voluntary use of ``close-in'' noise abatement 
departure profiles for use by jet aircraft operators on all runways. 
The existing FPR noise abatement program requests that jet pilot use 
NBAA noise abatement departure profiles to minimize noise exposure in 
residential areas immediately off the runway ends. (Sponsor 
supplemental letter dated May 15, 2006; NCP, page ES-2, NCP 
Recommendations; pages 141-142, Figure 11.17; and Table 11.12).
    FAA Action: Approved as a continuation of a voluntary measures as 
traffic, weather, and airspace safety and efficiency permit. The 
referenced Figures and Tables in the NCP show a benefit on a single 
event basis when this procedure is used. The decision on how to operate 
each aircraft that uses St. Lucie County International Airport remains 
with the pilot in command.

6. Study the Feasibility of a 1,500-foot Westward Shift of Runway 9R/
27R

    The shift of Runway 9/27 to the west would alleviate over flight of 
aircraft over residential neighborhoods. The analysis indicates there 
would be a reduction of approximately 50 percent in the number of 
currently affected persons in the 60-65 DNL contour intervals and the 
elimination of all currently affected persons in the 65-70 DNL contour. 
(Sponsor supplemental letter dated May 15, 2006; NCP, page ES-2, NCP 
Recommendations; pages 162-163; and Table 11.16).
    FAA Action: Approved for further study. The NCP recommends this 
measure be further studied. Table 11.16 shows a reduction in DNL 
impacts to 95 people and 3 sensitive receptors in the long-range 
timeframe. If the study results in a final recommendation to shift the 
runway 1,500 feet, it may not be implemented unless it meets all 
applicable FAA criteria. These criteria include, but may not be limited 
to, addressing the National Environmental Policy Act, 14 CFR part 150 
study update criteria, applicable airspace and operational criteria, 
and airport standards criteria. Federal funding assistance will be 
based on availability of funds and justification at the time of 
application.

Land Use Measures

1. Update County Airport Zoning Regulations

    Consistent with Florida statute and with Florida DOT's District 4 
recommendations, updated county regulations would include: Add 4 NM 
airport notification; add school construction zones per Florida State 
Chapter 333; publish noise zones at least three times a year; require 
noise easements and/or sound insulation for new residential 
construction within the DNL 60 dB noise contour. (Sponsor supplemental 
letter dated May 15, 2006; NCP at page ES-2, NCP Recommendations; pages 
182-184 and Table 12.2 at page 185; page 189; and page 194, Recommended 
Land Use Compatibility Alternatives at section 12.6. Also see Figures 
12.6, and 12.7.)
    FAA Action: Approved. The Federal government has no authority to 
control local land use; the local government has the authority to 
implement this measure. Approval of this measure does not commit the 
FAA to federal funding assistance.

2. Provide Ability to St. Lucie County to Purchase Land, Aviation 
Easements, or Other Remedies to Minimize the Development of 
Noncompatible Land Uses

    This recommendation includes approval of remedial land use 
recommendations so the County may acquire land relocate existing 
residences within the current conditions (2005) DNL 60 dB notice 
contour (see Table 10.2), or to alternately provide sound insulation or 
noise easements for homes within that noise contour. (Sponsor 
supplemental letter dated May 15, 2006; NCP, pages ES-2, Table 10.2 at 
page 123, and page 194 section 12.6).
    FAA Action: Disapproved for purposes of Part 150 with respect to 
Airport Improvement Program (AIP) Funding. The areas proposed for 
mitigation lie solely outside the DNL 65 dB noise contour. Section 189 
of Public Law 108-176, Vision 100-Century of Aviation Reauthorization 
Act, December 12, 2003 specifically prohibits FAA approval of Part 150 
program measures that require AIP funding to mitigate aircraft noise 
outside DNL 65 dB (through Fiscal Year 2007). section 189 does not 
preclude the use of airport revenue outside DNL 65 dB. Also, the FAA 
reminds the County of its policy that no structures built after October 
1, 1998, are eligible for Federal funding for remedial mitigation (see 
FAA policy at 63 FR 16409).

Implementation Measures

1. Pilot Education Program

    St. Lucie County would publish noise abatement information to 
enhance pilot participation. This is a continuation of an existing 
measure. FPR has an established voluntary noise abatement program that 
has been developed in close coordination with airport neighbors and 
users. This program is published on the airport's Web site and 
distributed to all tenants on the airport. In addition, publications 
are distributed to all flight schools at other area airports to 
familiarize them with FPR's noise abatement policies. (Sponsor 
supplemental letter dated May 15, 2006; NCP, page ES-3, NCP 
Recommendations; Section 12.7 of NCP, ``Implementation Related 
Elements'' page 195).
    FAA Action: Approved. Inserts or other information must not be 
construed as mandatory air traffic procedures; the content of the 
inserts are subject to specific approval by appropriate FAA officials 
outside of the FAR Part 150 process and are not approved in advance by 
this determination.

2. Community Information Program

    St. Lucie County will publish noise contours at least three times a 
year in a local paper of largest circulation and notify the board of 
realtors. The pilot education program (IM-1, above) will effectively 
reach the operators at FPR and will be structured to meet the needs of 
pilots. This information must be translated into easy to understand 
terminology and details for the general public. (Sponsor supplemental 
letter dated May 15, 2006; NCP, pages ES-2 and ES-3, NCP 
Recommendations, pages 182-184 and page 196)
    FAA Action: Approved.

3. Routine review of NCP Implementation

    This measure recommends that implementation of the NCP be received 
periodically to determine the need for update. At a minimum, it is 
recommended that the NEM be updated at the end of the five-year 
forecast period. (Sponsor supplemental letter dated May 15, 2006; NCP, 
pages ES-3, NCP Recommendations, and page 196).
    FAA Action: Approved. An update to the NCP if made necessary be NEM 
changes would address requirements of 150.23(e)(9). The FAA clarifies 
herein

[[Page 62037]]

the requirements of 150.21, as described in the NCP at pages ES-3 and 
196. Section 150.21(d), as amended states that the NEM should be 
updated if there is either a substantial new noncompatible use within 
the DNL 65 dB contour, or if there is a significant reduction in noise 
over existing noncompatible land uses [69 FR 57622, dated 9/24/04].

4. FAA ATCT Procedures Development

    The NCP contains several measures that will be implemented by the 
FAA and the local ATC staff. In order to document and formalize the 
recommended touch and go procedures, it is recommended a tower order be 
developed. Tower orders are typically implemented under a Memorandum of 
Agreement (MOA) between the airport sponsor (St. Lucie County) and the 
FAA. The sponsor will coordinate development of existing and 
recommended procedures (listed at page 197) with ATCT controllers to 
ensure continuity. Costs are not eligible for State or Federal funding. 
(Sponsor supplemental letter date May 15, 2006; NCP, page ES-3, NCP 
Recommendations, and page 196-197).
    FAA Action: Approved in concept. Coordination between the sponsor 
and FAA could help ensure continuity. Not all measures listed on page 
197 are appropriate for inclusion in a tower order. Existing and 
operational measures within the NCP and approved in this ROA, that 
normally would be included in a tower order (for example, the touch and 
go procedures and altitudes), may be appropriate for consideration. The 
FAA will determine the appropriate elements of the noise compatibility 
program to include in any tower order, and the language describing 
them, consistent with applicable Federal requirements.

5. Traffic Pattern Notification Lights for Training Aircraft

    St. Lucie International Airport is home to one of the largest 
flight training schools in the Treasure Coast Region (see pages 182-
184), with over 81,000 training operations per year. In order to 
minimize the repeated noise of training aircraft over residential areas 
located directly east of the airport, a system of permanently mounted 
lights is recommended to be installed along U.S. Highway 1 to act as a 
further landmark for student pilots, if practical, to initiate their 
downwind/upwind leg of the training operation when utilizing Runway 9/
27. (Sponsor supplemental letter dated May 15, 2006; NCP page ES-3, NCP 
Recommendations, and page 197).
    FAA Action: Disapproved. There is insufficient analysis of the 
placement of lighting or the expected noise benefits. There are no FAA-
approved standard for traffic pattern notification lights.

6. Noise Office Staffing

    St. Lucie County should continue to employ a noise office staff 
person. The monitoring of nighttime operations, program education, and 
compliance and complaint response are an integral part of the noise 
program. Costs for this position are not eligible for FAA funding. 
(Sponsor supplemental letter dated May 15, 2006; NCP, page ES-3, NCP 
Recommendations; and page 198.)
    FAA Action: Approved.
    These determinations are set forth in detail in a Record of 
Approval signed by the FAA on August 21, 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 St. Lucie County Board of County 
Commissioners. 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 October 4, 2006.
W. Dean Stringer,
Manager, Orlando, Airports District Office.
[FR Doc. 06-8790 Filed 10-19-06; 8:45 am]
BILLING CODE 4910-13-M