Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Notices 65373

Dated: December 7, 1995.

Timothy C. Finton,

Executive Secretary, Advisory Committee for

International Communications and

Information Policy.

[FR Doc. 95–30702 Filed 12–18–95; 8:45 am]

BILLING CODE 4710–45–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Approval of Noise Compatibility

Program, Ft. Lauderdale-Hollywood

International Airport, Ft. Lauderdale,

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 Broward

County Aviation Department 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 June 1,

1995, the FAA determined that the

noise exposure maps submitted by the

Broward County Aviation Department

under Part 150 were in compliance with

applicable requirements. On November

28, 1995, the Administrator approved

the Ft. Lauderdale-Hollywood

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 Ft. LauderdaleHollywood International Airport noise

compatibility program is November 28,

1995.

FOR FURTHER INFORMATION CONTACT: Mr.

Tommy J. Pickering, P.E., The 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 Ft.

Lauderdale-Hollywood International

Airport, effective November 28, 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 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 Broward County Aviation

Department submitted to the FAA on

May 22, 1995, updated noise exposure

maps, descriptions, and other

documentation produced during the

noise compatibility planning study

conducted from November 25, 1992

through May 18, 1995. The Ft.

Lauderdale-Hollywood International

Airport noise exposure maps were

determined by FAA to be in compliance

with applicable requirements on June 1,

1995. Notice of this determination was

published in the Federal Register.

The Ft. Lauderdale-Hollywood

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 June 1, 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

twelve (12) 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 28, 1995.

Outright approval was granted for ten

(10) of the twelve (12) specific program

measures. Two (2) measures were

partially approved. The approval action

was for the following program controls:
65374 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Notices

OPERATIONAL MEASURES

Noise

Abatement

Measure

Number

Description NCP Pages

1 ............... Preferential Flight Tracks: This measure recommends continued use of preferential

flight tracks at the Airport as diagrammed on the exhibits in Appendix A of the NCP

report. These procedures are implemented through the Informal Runway Use Program, Appendix B. FAA Action: Approved as a voluntary measure.

Pgs. 6–1, 6–10, 6–11 and 7–1; Table 7–1;

and Appendices A and B.

2 ............... Noise Abatement Departure Procedures: This measure recommends continued use

of existing noise abatement departure procedures at the Airport as indicated in the

Informal Runway Use Program (Appendix B). Departures 9L, 9R, 27R, 27L: Remain on runway heading until 3,000 feet or three (3) miles. Departure 13: Turn left

heading 090 degrees as soon as practical, maintain 090 degrees until reaching

3,000 feet or three (3) miles. Departure 31: Turn left heading 270 degrees as soon

as practical, maintain 270 degrees until reaching 3,000 feet or three (3) miles. FAA

Action: Approved as a voluntary measure.

Pgs. 6–1, 6–10, 6–11 and 7–1; Table 7–1;

and Appendix B.

3 ............... Preferential Runway Use: This measure recommends continued preferential runway

use provided in the Airport’s Informal Runway Use Program (Appendix B). The program applies to all turbojet aircraft regardless of weight and includes the following

runway use procedures. Runway 9L is the preferred runway and is the calm wind

runway. All turbojet arrivals and departures will use Runway 9L–27R. Runway 9R–

27L is closed from 2200–0700 local time for noise abatement. This nighttime closure of Runway 9R–27L has not affected the operational capability and capacity of

Runway 9L–27R. FAA Action: Approved as a voluntary measure.

Pgs. 6–1, 6–2, 6–10, 6–11, 6–31, 6–32,

7–1; Table 7–1; and Appendix B.

4 ............... Airport Noise Monitoring Program: This measure will continue the Airport Noise Monitoring Program to include, among other things, provision of staff services by the

Broward County Aviation Department (BCAD) on behalf of the Airport Noise Abatement Committee (ANAC), monitoring the operation of the Airport’s permanent noise

monitoring system, administration of an Airport users education program, and administration of a public information program as described in the Fort LauderdaleHollywood International Airport FAR Part 150 Program Update. FAA Action: Approved.

Pgs. 6–2, 6–3, 6–10, 6–11, 7–1, 7–2; and

Table 7–1.

5 ............... Test of Noise Abatement Departure Profiles: This measure recommends a test of the

noise abatement departure profiles (NADPs) described in FAA Advisory Circular

91–53A be conducted at FLL to determine the noise-related benefits of requesting

the airlines serving the Airport to use either ‘‘close-in’’ or ‘‘distant’’ community

NADP when specific aircraft types are being operated on specific runways. The

test will measure differences in SEL values and be used to calculate the anticipated changes in cumulative noise exposure. Test results will be used to prepare

recommendations for selection of the NADP with the greatest noise benefit for individual aircraft types being operated from the different runways at the Airport. Such

recommendations would be implemented by seeking voluntary compliance from the

airlines serving the Airport. FAA Action: Approved in concept. FAA approves further

study to determine whether a close-in or distant procedure is the most beneficial

for particular runways. However, an actual test of procedures is not necessary as

the benefits of the procedures described in FAA Advisory Circular 91–53A may be

modeled using the INM.

Pgs. 6–11, 6–12, 7–2; and Table 7–1.

6 ............... Stage 2 Preferential Runway Use: This measure recommends BCAD and the ATCT

manager take all actions necessary to restrict all stage 2 aircraft to Runway 9L–

27R except when wind, weather, maintenance, operational, or emergency conditions require the use of Runway 13–31 or 9R–27L. In addition to air carriers, this

would include any Stage 2 business jets as well as air taxi/commuter aircraft. The

NCP recommends implementing this measure in the Tower Order through an

amendment to the Informal Runway Use Program. Stage 2 business jet operations

on Runway 9R–27L are considered to be largely responsible for sideline noise impacts immediately south of the airport (in the Melaleuca Gardens neighborhood).

FAA Action: Approved as voluntary.

Pgs. 6–13, 7–2, 7–3; Table 7–1; and Appendix B.

7 ............... Relocate Engine Maintenance Runup Facility: This measure will relocate the aircraft

engine maintenance runup facility from its present site on Runway 13–31 to the

east end of Runway 9L–27R following removal of the BCAD ‘‘Chassis Master’’

maintenance area from the latter location. Engine noise at the new location can be

directed toward the east away from any existing or planned residential development. FAA Action: Approved.

Pgs. 6–14 to 6–17, 7–3; and Table 7–1.

8 ............... Permanent Noise and Operations Monitoring System: It is recommended the 1987

FAR Part 150 Noise Compatibility Program be amended to include the installation

and use of a permanent noise and operations monitoring system at the Airport.

This includes reimbursement for the existing permanent monitoring system and the

installation of a radar direct connect to upgrade the system. (pgs. 6–2, 6–3, 7–3;

and Table 7–1). FAA Action: Approved.

Pgs. 6–2, 6–3, 7–3; and Table 7–1.
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Notices 65375

OPERATIONAL MEASURES—Continued

Noise

Abatement

Measure

Number

Description NCP Pages

Land Use Measures

1 ............... Acquistion of Real Property by Condemnation: It is recommended that the 1987 FAR

Part 150 Noise Compatibility Program be amended so as to include the Trail’s End

Mobile Home Park in Dania and the unincorporated Ravenswood neighborhood

south of SW 39th Street, west of Ravenswood Road, north of the Dania Cut-off

Canal, and east of the Alandco/TCW property line within the land use management

category ‘‘Acquisition (Condemnation)’’ instead of ‘‘Acquisition (at Homeowner’s

Request)’’. The respective land use categories are shown on Exhibits IX–2 and IX–

3 of the 1987 Part 150 Program Technical Report (as revised in December 1988

and certified in January 1989). Broward County has already acquired these properties as part of the (1987 approved) land acquisition program by means of condemnation rather than by voluntary acquisition. The condemnation process was

used at the request of virtually all of the homeowners. FAA Action: Approved.

Pgs. 6–4 to 6–8, 7–3; Exhibits 5–2 and 6–

1; Table 7–2; and Exhibits IX–2 and IX–

3 of the 1987 Part 150 Program Technical Report (as revised in December

1988 and certified in January 1989).

2 ............... Easement Acquisition: It is recommended that Broward County acquire avigation

easements from the owners of certain noise-sensitive properties located within the

Ldn 65–70 contour area, as shown on Exhibit 5–2, Future (1997) Conditions Noise

Exposure Map. This acquisition program would involve three residential areas and

three mobile home parks. FAA Action: Approved in part, with respect to easement

acquisition for noise compatibility purposes from owners of single-family residences, from owners of multi-family residential property, and from the mobile home

park owners. Easement valuation and acquisition requirements and criteria are not

included within the scope of FAR Part 150, but are addressed by other FAA program requirements concerning the acquisition of real property on FAA grant assisted projects. It is noted that the proposed valuation and acquisition process for

this measure do not conform to these requirements, and significant modification of

the described easement valuation and acquisition process would be required to secure reimbursement of costs under a FAA grant. The measure is Disapproved in

part for purposes of Part 150, with respect to the described payments proposed to

be made personally to mobile home owner occupants in addition to the proposed

easement acquisition from the mobile home park owner. These proposed additional

payments do not contribute to the goals of reducing existing noncompatible land

use and preventing the introduction of additional noncompatible land uses.

Pgs. 6–9, 6–20, 6–21, 7–3, 7–4; Exhibit

5–2; and Table 7–2.

3 ............... Voluntary Sales Assistance: It is recommended that the BCAD assist eligible singlefamily homeowners to sell their property and relocate from the 1997 Ldn 65–70

area. Such assistance would be in the form of specified relocation payments if an

eligible property were to be sold within 3 years after an offer had been made by

Broward County to purchase an avigation easement from the owner(s) and an appropriate avigation easement had been acquired from an eligible owner. FAA Action: Approved. The measure is approved with respect to the provision of specified

relocation payments as a sales assistance measure. It is noted for the application

of this measure that owners accepting assistance on the sale of their homes are

not displaced persons, as defined under the Uniform Act (49 CFR 24.2(g)(2)(viii)),

and are not entitled to relocation assistance payments described under the Uniform

Act for Federally assisted projects. Also, it is noted that reliance on valuation and

acquisition procedures described for the above easement acquisition measure may

not be acceptable for FAA grant funding.

Pgs. 6–9, 6–21, 6–22 and 7–4, Exhibit 5–

2; and Table 7–2.

4 ............... Soundproofing: It is recommended that BCAD complete the Wesley Chapel United

Methodist Church insulation project and offer once again to sound insulate Edgewood Elementary School in Fort Lauderdale and the Church of the Resurrection in

Dania as required to provide an interior sound level of Ldn 45 or less. An easement would be conveyed in return for the sound insulation of Edgewood School

and the Church of the Resurrection. FAA Action: Approved.

Pgs. 6–8, 6–23 and 7–4; Exhibit 5–2; and

Table 7–2.
65376 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Notices

These determinations are set forth in

detail in a Record of Approval endorsed

by the Administrator on November 28,

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 Broward

County Aviation Department.

Issued in Orlando, Florida on December

12, 1995.

Charles E. Blair,

Manager, Orlando Airports District Office.

[FR Doc. 95–30779 Filed 12–18–95; 8:45 am]

BILLING CODE 4910–13–M

Antidrug Program for Personnel

Engaged in Specified Aviation

Activities

AGENCY: Federal Aviation

Administration (FAA), DOT,

ACTION: Notice.

SUMMARY: The FAA has determined that

the minimum annual random drug

testing rate for the period January 1,

1996, through December 31, 1996, will

remain at 25 percent of covered aviation

employees since the industry-wide

random drug testing positive rate

continues to be below 1.0 percent.

FOR FURTHER INFORMATION CONTACT: Ms.

Julie B. Murdoch, Office of Aviation

Medicine, Drug Abatement Division

(AAM–800), Federal Aviation

Administration, 400 7th Street SW.,

Washington, DC 20590; telephone (202)

366–6710.

SUPPLEMENTARY INFORMATION:

Administrator’s Determination of 1996

Random Drug Testing Rate

In a final rule published on December

2, 1994 (59 FR 62218), the FAA

announced that is will set future

minimum random drug testing rates

according to the aviation industry’s

positive rate, which is determined using

annual aviation antidrug program data

taken from the FAA’s Management

Information System. (The term ‘‘positive

rate’’ for tests required under 14 CFR

part 121, appendix I, means the number

of positive results for random drug tests

plus total number of random drug tests

plus the number of refusals to take

random drug tests.) Using this

performance-based system, the FAA can

lower the minimum random drug

testing rate to 25 percent whenever the

positive rate is less than 1.0 percent of

two calendar years while testing at 50

percent. The FAA must return the rate

to 50 percent if the positive rate is 1.0

percent or higher in any subsequent

calendar year. Each year, the

Administrator will publish a notice in

the Federal Register announcing the

minimum annual random drug testing

rate for the following year. (There is a

similar provision in the alcohol testing

rule. Since alcohol testing only

commenced in January 1995, there is

insufficient data to modify the current

alcohol testing rate of 25 percent;

industry-wide data on which to make

the required determination will not be

available until 1997.)

In 1994, the FAA set the 1995

minimum random drug testing rate at 25

percent because 1992 and 1993 aviation

industry drug testing data indicated a

positive rate below 1.0 percent. In this

notice, the FAA announces that the

minimum random drug testing rate will

continue to be 25 percent of covered

aviation employees for the period

January 1, 1996, through December 31,

1996, since the aviation industry

positive rate for 1994 was

approximately 0.5 percent.

Dated: December 13, 1995.

Jon. L. Jordan,

Federal Air Surgeon.

[FR Doc. 95–30773 Filed 12–18–95; 8:45 am]

BILLING CODE 4910–13–M

Air Traffic Procedures Advisory

Committee

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of meeting.

SUMMARY: The FAA is issuing this notice

to advise the public that a meeting of

the Federal Aviation Administration Air

Traffic Procedures Advisory Committee

(ATPAC) will be held to review present

air traffic control procedures and

practices for standardization,

clarification, and upgrading of

terminology and procedures.

DATES: The meeting will be held from

January 22 through January 25, 1996,

from 9 a.m. to 5 p.m. each day.

ADDRESSES: The meeting will be held at

the Le Baron Hotel, 1350 N First Street,

San Jose, CA.

FOR FURTHER INFORMATION CONTACT: Mr.

W. Frank Price, Executive Director,

ATPAC, Air Traffic Rules and

Procedures, 800 Independence Avenue,

SW., Washington, DC 20591, telephone

(202) 267–3725.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 10(a)(2) of the Federal

Advisory Committee Act (Pub. L. 92–

463; 5 U.S.C. App. 2), notice is hereby

given of a meeting of the ATPAC to be

held January 22 through January 25,

1996, at the Le Baron Hotel, 1350 N

First Street, San Jose, California

The agenda for this meeting will

cover: a continuation of the Committee’s

review of present air traffic control

procedures and practices for

standardization, clarification, and

upgrading of terminology and

procedures. It will also include:

1. Approval of Minutes.

2. Submission and Discussion of Areas

of Concern.

3. Discussion of Potential Safety Items.

4. Report from Executive Director.

5. Items of Interest.

6. Discussion and agreement of location

and dates for subsequent meetings.

Attendance is open to the interested

public but limited to the space

available. With the approval of the

Chairperson, members of the public may

present oral statements at the meeting.

Persons desiring to attend and persons

desiring to present oral statements

should notify the person listed above

not later than January 19, 1996. The

next quarterly meeting of the FAA

ATPAC is planned to be held from April

15–18, 1996, in Washington, DC.

Any member of the public may

present a written statement to the

Committee at any time at the address

given above.

Issued in Washington, DC, on December

13, 1995.

W. Frank Price,

Executive Director, Air Traffic Procedures

Advisory Committee.

[FR Doc. 95–30778 Filed 12–18–95; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Customs Service

[T.D. 95–104]

Extension of Caesar J. Thibodeaux,

Inc.’s Customs Gauger Approval &

Laboratory Accreditation to the New

Site Located in Corpus Christi, Texas

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Notice of the extension of

Caesar J. Thibodeaux, Inc.’s Customs

gauger approval and laboratory

accreditation to include its Corpus

Christi, Texas new facility.

SUMMARY: Caesar J. Thibodeaux, Inc., of

Pasadena, Texas, a Customs approved

gauger and accredited laboratory under

Section 151.13 of the Customs

Regulations (19 CFR 151.13), has been

given an extension of its Customs gauger

approval and laboratory accreditation to

include the Corpus Christi, Texas new

site. Specifically, this office has been

given Customs approval under Part