[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Notices]
[Pages 65373-65376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30779]



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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.

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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. 
Lauderdale-Hollywood 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:

                                                                                                                                                        

[[Page 65374]]
                                              Operational Measures                                              
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 Noise Abatement Measure                                                                                        
          Number                                Description                                 NCP Pages           
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1........................  Preferential Flight Tracks: This measure recommends   Pgs. 6-1, 6-10, 6-11 and 7-1;  
                            continued use of preferential flight tracks at the    Table 7-1; and Appendices A   
                            Airport as diagrammed on the exhibits in Appendix A   and B.                        
                            of the NCP report. These procedures are implemented                                 
                            through the Informal Runway Use Program, Appendix                                   
                            B. FAA Action: Approved as a voluntary measure.                                     
2........................  Noise Abatement Departure Procedures: This measure    Pgs. 6-1, 6-10, 6-11 and 7-1;  
                            recommends continued use of existing noise            Table 7-1; and Appendix B.    
                            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.                                                             
3........................  Preferential Runway Use: This measure recommends      Pgs. 6-1, 6-2, 6-10, 6-11, 6-  
                            continued preferential runway use provided in the     31, 6-32, 7-1; Table 7-1; and 
                            Airport's Informal Runway Use Program (Appendix B).   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.                                            
4........................  Airport Noise Monitoring Program: This measure will   Pgs. 6-2, 6-3, 6-10, 6-11, 7-1,
                            continue the Airport Noise Monitoring Program to      7-2; and Table 7-1.           
                            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 Lauderdale-                                        
                            Hollywood International Airport FAR Part 150                                        
                            Program Update. FAA Action: Approved.                                               
5........................  Test of Noise Abatement Departure Profiles: This      Pgs. 6-11, 6-12, 7-2; and Table
                            measure recommends a test of the noise abatement      7-1.                          
                            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.                                                              
6........................  Stage 2 Preferential Runway Use: This measure         Pgs. 6-13, 7-2, 7-3; Table 7-1;
                            recommends BCAD and the ATCT manager take all         and Appendix B.               
                            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.                                                                          
7........................  Relocate Engine Maintenance Runup Facility: This      Pgs. 6-14 to 6-17, 7-3; and    
                            measure will relocate the aircraft engine             Table 7-1.                    
                            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.                                      
                                                                                                                
8........................  Permanent Noise and Operations Monitoring System: It  Pgs. 6-2, 6-3, 7-3; and Table 7-
                            is recommended the 1987 FAR Part 150 Noise            1.                            
                            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.                                       
                                                                                                                
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[[Page 65375]]
                                                                                                                
                                                Land Use Measures                                               
                                                                                                                
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1........................  Acquistion of Real Property by Condemnation: It is    Pgs. 6-4 to 6-8, 7-3; Exhibits 
                            recommended that the 1987 FAR Part 150 Noise          5-2 and 6-1; Table 7-2; and   
                            Compatibility Program be amended so as to include     Exhibits IX-2 and IX-3 of the 
                            the Trail's End Mobile Home Park in Dania and the     1987 Part 150 Program         
                            unincorporated Ravenswood neighborhood south of SW    Technical Report (as revised  
                            39th Street, west of Ravenswood Road, north of the    in December 1988 and certified
                            Dania Cut-off Canal, and east of the Alandco/TCW      in January 1989).             
                            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.                                                                   
2........................  Easement Acquisition: It is recommended that Broward  Pgs. 6-9, 6-20, 6-21, 7-3, 7-4;
                            County acquire avigation easements from the owners    Exhibit 5-2; and Table 7-2.   
                            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.                                                            
3........................  Voluntary Sales Assistance: It is recommended that    Pgs. 6-9, 6-21, 6-22 and 7-4,  
                            the BCAD assist eligible single-family homeowners     Exhibit 5-2; and Table 7-2.   
                            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.                                                              
4........................  Soundproofing: It is recommended that BCAD complete   Pgs. 6-8, 6-23 and 7-4; Exhibit
                            the Wesley Chapel United Methodist Church             5-2; and Table 7-2.           
                            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.                                                               
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[[Page 65376]]

    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