Approval of Noise Compatibility Program; Fort Lauderdale Executive Airport; Fort Lauderdale, FL, 5504-5508 [05-1921]
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Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices
Federal Aviation Administration,
Northwest Mountain Region, Airports
Division, Denver Airports District
Office, 26805 E. 68th Ave., Suite 224,
Denver, Colorado 80249.
The request to release property may
be reviewed in person at this same
location.
SUPPLEMENTARY INFORMATION: The FAA
invites public comment on the request
to release property at the Pueblo
Memorial Airport under the provisions
of the AIR 21. On December 17, 2004,
the FAA determined that the request to
release property at the Pueblo Memorial
Airport submitted by the City of Pueblo
met the procedural requirements of the
Federal Aviation Regulations, Part 155.
The FAA may approve the request, in
whole or in part, no later than April 29,
2005.
The following is a brief overview of
the request:
The Pueblo Memorial Airport requests
the release of 6.02 acres of nonaeronautical airport property to the City
of Pueblo, Colorado. The purpose of this
release is to allow the City of Pueblo to
sell the subject land that was conveyed
to the City by the United States acting
through the War Assets Administration
by Quit Claim Deed dated July 20, 1948.
The sale of this parcel will provide
funds for airport improvements.
Any person may inspect the request
by appointment at the FAA office listed
above under FOR FURTHER INFORMATION
CONTACT.
In addition, any person may, inspect
the application, notice and other
documents germane to the application
in person at Pueblo Memorial Airport
31201 Bryan Circle, Pueblo, CO 81001.
Issued in Denver, Colorado, on January 12,
2005.
Craig Sparks,
Manager, Denver Airports District Office.
[FR Doc. 05–1917 Filed 2–1–05; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility
Program; Fort Lauderdale Executive
Airport; Fort Lauderdale, FL
Federal Aviation
Administration, DOT.
ACTION: Notice.
AGENCY:
SUMMARY: The Federal Aviation
Administration (FAA) announces its
findings on the noise compatibility
program submitted by the City of Fort
Lauderdale, Florida under the
provisions of 49 U.S.C. (the Aviation
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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 19, 2004, the
FAA determined that the noise exposure
maps submitted by the City of Fort
Lauderdale, Florida under part 150 were
in compliance with applicable
requirements. On January 14, 2005, the
FAA approved the Fort Lauderdale
Executive 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 Fort Lauderdale
Executive Airport noise compatibility
program is January 14, 2005.
FOR FURTHER INFORMATION CONTACT: Ms.
Bonnie Baskin, 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 the Fort
Lauderdale Executive Airport, effective
January 14, 2005.
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
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
measures 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;
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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 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.
The City of Fort Lauderdale, Florida
submitted to the FAA on February 4,
2004, the noise exposure maps,
descriptions, and other documentation
produced during the noise compatibility
planning study conducted from
September 2000, through December
2002. The Fort Lauderdale Executive
Airport exposure maps were determined
by FAA to be in compliance with
applicable requirements on February 19,
2004. Notice of this determination was
published in the Federal Register on
February 19, 2004.
The Fort Lauderdale Executive
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, 2002, beyond the
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year 2007. 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 July 20, 2004, 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
twenty-seven (27) 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 FAA effective January
14, 2005.
Our right approval was granted for
fifteen (15) of the twenty-seven (27)
specific program elements. Seven (7)
elements were disapproved for the
purposes of part 150, four (4) elements
were partially approved, and one (1)
required no action. The approval/
disapproval action was for the following
program measures:
Operational Measures
1. Restriction of Jet Use of Runway 13/
31
The City requests that the FAA amend
the existing voluntary limitation of jet
use of Runway 13/31 to implement it as
a formal preferential runway program
element. This program element is
appropriate because there are residential
areas closer to the ends of this runway
than to the ends of Runway 08/26.
Formalizing the procedure is expected
to reduce jet use on Runways 13 and 31
by an additional 2 to 3 percent for both
daytime and nighttime hours. (NCP,
pages 63, 98, 123, 175, and Table 22)
FAA Action: Disapproved as to
Formalizing the Procedure;
Continuation of the Current Procedure
on a Voluntary Basis Is Approved
The recommendation to formalize the
restriction is disapproved because
Runway 13/31 would have to be
available for operations should Runway
8/26 be closed. Also, it is not clear from
the NCP just how much of the noise
benefit, described in Table 22 for a
combination of three proposed formal
preferential procedures, is derived from
formalizing this measure.
This procedure may continue on a
voluntary basis as traffic, weather, and
airspace safety and efficiency permit.
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The previous part 150 study and Record
of Approval summarized this measure’s
benefits, when implemented as
voluntary, as follows: ‘‘The elimination
of this measure would dramatically
increase direct jet overflights of the
close-in residential areas under the
extended centerlines of runways at the
airport, in areas where jet operations
currently are rare. Increased jet use
would almost certainly result in a
vigorous community reaction.’’
2. Extension of Upwind Leg for Runway
31 Departures out to the Turnpike
The City will continue to request that
pilots delay turns to crosswind or on
course until crossing this visual
reference. There is no change proposed
to the measure approved by the FAA in
1997. (NCP, pages 64, 176)
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decommissioning the middle marker.
Therefore, the City also requests that the
FAA continue the operation of the
middle marker as an electronic
reference or ‘‘turn marker’’. (NCP, pages
64, 103; Figure 38)
FAA Action: Disapproved as to
Formalizing the Procedure;
Continuation of the Current Procedure
on a Voluntary Basis Is Approved, for
VFR Traffic Only, as Traffic, Weather,
and Airspace Safety and Efficiency
Permit
FAA Action: Disapproved
The FAA objects to this measure
because it may impact aircraft
operational safety and efficiency. VFR
aircraft in the traffic pattern for Runway
31 must be able to turn crosswind before
reaching the Turnpike in order to run a
safe and efficient traffic pattern. In
addition, continuation of this existing
measure is disapproved due to
significant increase in air traffic in the
area from many airports. The air traffic
controllers need to be able to run
aircraft as soon as possible and cannot
be required to place aircraft in a
prescribed flight path with the
significant increase in air traffic around
FXE.
3. Voluntary Use of Turbojet Noise
Abatement Departure Profiles
The City will continue to request that
pilots use National Business Aviation
Association (NBAA) and manufacturers’
turbojet noise abatement departure
profiles. This program element must be
voluntary, because the pilot in
command of the aircraft has the ultimate
responsibility for safe aircraft operation.
No third party (including the FAA or
the City) can dictate cockpit procedures.
(NCP, pages 64, 147–148, 176; Figure
50)
Formalizing this procedure is
disapproved because there is no
instrument approach to Runway 26, and
aircraft are required to fly an ILS
approach to Runway 8. This opposite
direction operation requires that
departing aircraft on Runway 26 turn as
soon as possible for safety purposes. For
clarification purposes, the Runway 26
departure heading was changed to 315°
due to magnetic variation and the
opposite-direction departure separation
requirement of 45°. The FAA does not
currently initiate a turn after crossing
NW 31st Avenue/Runway 8 middle
marker. Adherence to this procedure is
voluntary on the part of the pilot. The
Part 150 study approved in 1997 stated,
‘‘This measure reduces the population
within the 65 dB Ldn noise contour by
631 people.’’
The FAA will not continue to use the
middle marker as an electronic
reference. As an alternative to using the
MM, the airport sponsor may contact
the FAA to determine whether the use
of Distance Measuring Equipment
(DME) may be an appropriate substitute
for the electronic reference.
5. Evening and Night (8 p.m. to 7 a.m.)
Implementation of ‘‘Quiet One’’
Departure Procedure on a Formal Basis
FAA Action: Approved as a Continuing
Voluntary Measure
4. Runway 26 Departure Heading
Pilots currently are requested to
initiate a turn to 310° after crossing NW
31st Avenue (visual conditions) or after
passing the Runway 8 middle marker
(instrument conditions). The City
requests that FAA amend this procedure
to implement it on a formal basis, so
that it applies to all non-emergency
operations (wind, weather, and traffic
permitting). The FAA is
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Pilots of eastbound and southbound
aircraft currently are requested to use
the ‘‘Quiet One’’ departure procedure (a
climbing left 360° turn to a heading of
090°) on a voluntary basis at night (10
p.m. to 7 a.m.) in visual conditions. The
City requests that the FAA amend this
procedure to implement it on a formal
basis, and to extend the effective hours
to run from 8 p.m. to 7 a.m. This
procedure is implemented at pilot
request only, with ATCT approval. No
change is proposed. (NCP, pages 64,
103, 176)
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FAA Action: Disapproved as to
Formalizing the Procedure and
Continuation of the Current Procedure
on a Voluntary Basis, as It Allows for
Uncontrolled Turns in IFR Airspace in
a Very Congested Area
This measure was previously
approved as voluntary in 1997 for the
nighttime timeframe. It is being
disapproved at this time because of the
significant increase in air traffic in the
area. The concern is that the controllers
need to be able to turn aircraft as soon
as possible to get them out of the way.
(See Measure 10, below, for a similar
operational procedure, approved as
voluntary.)
6. Night (10 p.m. to 7 a.m.)
Implementation of ‘‘Quiet One’’
Departure Procedure on a Formal Basis
If the FAA disapproves the preceding
formal implementation of the ‘‘Quiet
One’’ procedure with hours extended to
run from 8 p.m. to 7 a.m., the City
requests that the FAA approve the
procedure on a formal basis effective
from 10 p.m. to 7 a.m. in visual
conditions. (NCP, pages 64, 103, 176)
FAA Action: Disapproved as to
Formalizing the Procedure and
Continuation of the Current Procedure
on a Voluntary Basis, as It Allows for
Uncontrolled Turns in IFR Airspace in
a Very Congested Area
This measure was previously
approved as voluntary in 1997 for the
nighttime timeframe. It is being
disapproved at this time because of the
significant increase in air traffic in the
area. The concern is that the controllers
need to be able to turn aircraft as soon
as possible to get them out of the way.
(See Measure 10, below, for a similar
operational procedure, approved as
voluntary.) Formalizing the turn could
place a large number of VFR flights into
congested IFR airspace.
7. Support of Airport Perimeter
Development as a Noise Barrier
This measure is a continuation of a
measure approved by the FAA in 1997.
It calls for the City to continue to work
with airport tenants to implement this
measure as part of any proposed
development on the airport perimeter.
The structures would be placed in such
a manner that they can act as noise
barriers addressing aircraft taxi
operations for neighboring residences.
(NCP, pages 65, 148, 177)
FAA Action: Approved as a Continuing
Measure
The airport sponsor has included this
recommendation in past NCP studies.
The intent of the measure is to promote
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good placement of facilities built on
airport property in a manner that would
use the building as a buffer to minimize
airport ground-based noise on nearby
residences. Any building construction
on the airport would be required to
comply with applicable Federal
requirements.
8. Restriction of Maintenance Runups 7
p.m. Through 7 a.m. at the Runup Pad
The existing NCP includes a
restriction that is formally codified in
the Aviation section of the Fort
Lauderdale City Code. This ordinance
restricts the time and location of
maintenance runups. No maintenance
runups are allowed between 7:00 p.m.
and 7:00 a.m. All maintenance runups
are limited to a location designated by
the ATCT. The designated runup pad is
at the decommissioned compass rose
located near the southeast corner of the
intersection of Runways 8/26 and 13/31.
(NCP, pages 65, 151, 177)
FAA Action: Approved as a Continuing
Measure
This measure has been approved by
the FAA in past NCPs and has
eliminated complaints from nearby
residences about ground runup noise.
Figure 53 shows that placement of the
runup area is close to land uses
designated as manufacturing and
production.
9. Nighttime Preference for Runway 26
Departures and Runway 08 Arrivals, for
All Aircraft
This measure maximizes operations
over the less developed areas west of the
airport. This bi-directional runway use
is feasible at night because winds are
calmer, operations levels are lower at
night, and the ATCT is open all night,
ensuring the safe and optimal use of the
procedure. The city makes an annual
payment out of airport funds to staff the
ATCT at night to permit implementation
of this measure and to maximize the
effectiveness of other nighttime
measures. The City requests that the
FAA amend this measure to implement
it as a formal preferential runway
program element. (NCP, pages 63, 98,
122, 178; and Table 22)
FAA Action: Disapproved as a
Mandatory Formalized Procedure;
Continuing This Measure on a
Voluntary Basis, When Wind Weather,
and Airspace Safety and Efficiency
permit Is Approved
Formal implementation of this
procedure is disapproved. The noise
abatement flight path is infrequently
used, and initiated only upon pilot
request. This opposite direction
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operation requires that departing aircraft
on Runway 26 turn as soon as possible
for safety purposes. Opposite direction
operations on the same runway lower
the margin of safety.
The current NCP shows that Runway
26 nighttime departures are carried out
about 55 percent of the time by jet
aircraft, and 35 percent of the time for
propeller aircraft. Runway 8 nighttime
arrivals by jets occur approximately 70
percent of the time and approximately
60 percent of the time by propeller
aircraft. The present nighttime
departure rate is an improvement over
the base case runway use reported when
the measure was originally
recommended in the mid-1980’s (20
percent for all operations). The 1997
NCP stated: ‘‘This measure results in a
reduction of 31 people within the 65 dB
Ldn noise contour and operates in
conjunction with the noise abatement
flight path for Runway 26 departures
(turn to a heading of 310 degrees).’’ (See
Measure 4 in this Record of Approval.)
10. Runway 08 Departure Heading
Presently turbojets with destinations
other than eastbound are assigned
heading 330 degrees, and noneastbound propeller aircraft are assigned
300 degrees, with instructions to initiate
turns abeam of I–95. All eastbound
departures are assigned heading 090.
The City requests that the FAA amend
the existing I–95 turn as a mandatory,
formal instrument procedure under
FAA radar control, applicable to all
aircraft, wind, weather, and traffic
permitting. A 90 degree heading would
be assigned when required to avoid
potentially unsafe traffic conflicts.
(NCP, pages 64, 103, 111, 117–118, 178;
Figure 43; and Tables 18, and 33)
FAA Action: Disapproved as a
Mandatory, Formal Instrument
Procedure; Approved as a Continuation
of an Existing Voluntary Measure When
Traffic, Weather, and Airspace Safety
and Efficiency Permit Between the
Hours of 11 p.m. and 7 a.m.
This measure is disapproved as a
mandatory, formal instrument
procedure. Air traffic has significantly
increased in this corridor since the 1997
approval of the voluntary procedure.
Formalizing this departure procedure by
turning all turbojet aircraft on this
heading creates a safety issue due to the
air traffic congestion in the south
Florida area when traffic is other than
light.
The Letter of Agreement between the
Miami ATCT and FXE ATCT was
revised August 1, 2004, to require that
ATCT assign a heading of 330° to all
turbojet aircraft departing Runway 8
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between the hours of 11 p.m. and 7 a.m.
(this excludes emergency Lifeguard
flights). The measure may be extended
at the discretion of ATCT to 8 a.m. if
traffic, weather, and airspace safety and
efficiency permit. The 1997 NCP stated:
‘‘The elimination of this procedure
would approximately double the
population within the 65 dB Ldn
contour.’’ The FAA approved the
measure in 1997 as voluntary. This NCP
states that without the existing measure
in place, ‘‘the population within the
contours more than doubles from 730 to
1801, clearly indicating the
effectiveness of this existing measure.’’
The VFR turn abeam I–95 is voluntary
on the part of the pilot and ATCT does
not issue turns abeam I–95.
11. Restriction of Night, Weekend, and
Holiday Touch-and-Go Operations and
Practice Approaches on a Voluntary
Basis
Expand the existing voluntary night
(10 p.m. to 7 a.m.) touch-and-go
restriction to encompass touch-and-go
and practice-approach training
operations at night, and on a 24-hour
basis on weekends and City holidays.
This measure is predicted to reduce the
number of people within the 65 DNL
noise contour from 730 to 700. (NCP,
pages 65, 127–131, 178; Figure 46;
Tables 25, 26, and Table 33)
FAA Action: Approved as a voluntary
measure
12. Raise the Approach Slope on All
Runway Ends to 3.5°
This measure calls for raising the
Runway 8 approach slope to 3.5°. It also
requires the City to raise the PAPI
angles to 3.5 degrees on all runway
ends, with FAA approval. The city
would publicize these changes. It
should be noted that a glide slope angle
above 3 degrees on a runway with an
ILS such as Runway 8, is considered
exceptional and requires special FAA
approval. Figure 48 presents the
resulting contours, which show contour
shrinkage immediately under the
extended runway centerlines. The
population within the contours falls by
an estimated 74 residents. (NCP, pages
139, 179; Figure 48, and Tables 28, 29,
and 33)
FAA Action: Disapproved for Purposes
of FAR Part 150
FAA has not raised the approach
slope for other than safety reasons, to
maintain cockpit proficiency. Further, at
FXE, if the approach minimums were
raised it would prohibit access to the
aircraft by Category D aircraft due to the
airport’s runway length.
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13. Future Use Restriction if
Implementation of Operational
Measures Does Not Meet Objectives
The City will monitor the jet fleet
mix, and implementation and
effectiveness of noise abatement
measures, to determine whether the
projected retirement of non-Stage 3 jets,
combined with operational measures,
accomplishes two objectives: (1)
Eliminating residential and other
potentially non-compatible land uses
within the 65 DNL contour, and (2)
eliminating all Runway 08 straight-out
(090° heading) jet departures, with the
exception of those required by
emergency or safety conditions. If these
objectives are not met, the City will
initiate the analysis of use restriction
options that might provide similar noise
benefit. The scope of the study will
include, but not be limited to: (1)
Restriction of Stage 1, or Stage 1 and 2
operations; (2) single event noise level
limits; (3) night operating restrictions;
and (4) feasible enforcement
mechanisms and penalties for
violations. (NCP, pages 143–147; Figure
49; and Tables 30, 31, and 33).
FAA Action: Approved for Further
Study
Recommendations in this NCP for
formalizing measures have not been
approved due to potential impacts on
efficient use and management of the
navigable airspace and potential
reduction in the level of aviation safety
presently provided. Predicted
reductions of impacts on the noise
contour by formalizing these measures
will, therefore, not be fully realized.
There is no forecast year NEM without
these formalized measures in place, so
the population within the 2007 noise
contour is not known (the forecast case
2007 noise contours include the noise
abatement elements of the ‘‘operational
composite case’’). Implementing the
approved measures within this ROA
appears to provide a benefit by
removing the DNL 65 dB noise contour
from about 30 to 70 people (see Table
33, page 157). The 2002 base case shows
that a total of 730 people reside within
the DNL 65 dB noise contour. It should
be noted that FAA will not accept as
justification for an airport noise or
access restriction new noncompatible
development that occurs within the
airport’s published NEM contours.
Land Use Measures
Based on the projection that there will
be no noncompatible land uses within
the DNL 65 dB noise contour in 2007,
with implementation of the noise
abatement elements of this revised NCP,
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no new land use measures are
recommended. It is recommended that
the revised NCP continue to include the
existing compatible land use measures
to prevent development of new
noncompatible uses to the extent
feasible. (NCP, page 167).
1. Rezoning Noncompatible Property as
Opportunity Arises
City staff members continue to
monitor areas within existing and
forecast NEM to identify opportunities
for rezoning. The very limited
noncompatible areas of land within the
contours and the highly developed
nature of those areas limit
opportunities. (NCP, pages 65, 167).
FAA Action: Approved as a Continuing
Measure
2. Local Jurisdictions To Incorporate
Noise Requirements Into Development
Control
The City has requested that local
jurisdictions adopt the noise
requirements on a case-by-case basis
(NCP, pages 65, 167, 180)
FAA Action: Approved as a Continuing
Measure
3. Voluntary Fair Disclosure by Real
Estate Agents
This measure is an informal
educational effort. Information is
disseminated through newsletters and
presentations to all the local
governments in the ares as well as
realtors, other businessmen and
residents. The community Advisory
Committee also serves as an ongoing
conduit of revised noise-related
information. (NCP, pages 65, 167, 180)
FAA Action: Approved as a Continuing
Measure
4. Monitor Noise To Determine Exact
Extent of Contour Into Residential Area
The City installed permanent noise
monitor number 6 in Village Park
Mobile Home Park (NCP, pages 66, 167,
180; Figure 54)
FAA Action: No Action Required
This measure was approved by the
FAA in the 1997 NCP, and the City has
implemented the action.
5. Noise Abatement Advisory Committee
The City will continue to implement
this program element through the
monthly meetings of the Aviation
Advisory Board (AAB). The AAB;
receives a report on the NCP
implementation and status and statistics
on compliance with noise abatement
measures. (NCP, page 66, 169, 180)
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FAA Action: Approved as a Continuing
Measure
FAA Action: Approved as a Continuing
Measure
operations, or if the NCP requires a
revision). (NCP, pages 67, 172, 182)
6. Noise Abatement Officer
9. Airfield Noise Abatement Advisory
Signs
The City has installed noise
abatement signage at key locations on
the airfield, notifying pilots of major
noise abatement concerns. No
additional or modified signage is
required at this time. However, any such
new or modified signage would be
eligible for up to 90 percent FAA and
5 percent FDOT grants. (NCP, pages 67,
172, 182)
FAA Action: Approved
Supplement part-time responsibilities
of the FXE Airports Program Manager
and Airports Programs Aide with
addition of a dedicated ‘‘Noise
Abatement Technician’’, to focus on
day-to-day and month-to-month
responsibilities, and assist the more
senior staff on specialized program
requirements. This is a dedicated staff
position for which the city will be
responsible for the cost. (NCP pages 66,
161, 181)
FAA Action: Approved
7. Permanent Noise and Operations
Monitoring System
The City proposes to implement
enhancements to the existing ANOMS
installation to ensure the system
continues to provide appropriate
monitoring coverage in a state-of-the-art
fashion. The enhancements will include
five additional permanent noise
monitors, upgraded central computer
hardware and software, and
enhancements to the flight tracking and
identification system to provide more
specific aircraft identification through
monitoring of Mode C transponder
transmissions. The expanded
geographic coverage and age of the
system installation also justify an
upgrade to the central ANOMS
hardware and software. The current
system is based on UNIX operating
platform; modern systems are Windowsbased. (NCP, page 66, 171, 181)
FAA Action: Disapproved Pending
Submission of Additional Information
Other than the location of one of the
five proposed new monitors (under the
Runway 13/31 extended centerline and
identified as ‘‘B’’ in the 2002 NEM
Figure 53), the documentation does not
show where these new monitors will be
located within the official NEM noise
contours. Measures submitted in a NCP
for approval must be located within the
sponsor’s NEM contour (14 CFR part
150, section 150.23(e), and 49 U.S.C.
47504(a)(2)) and must otherwise be
shown to satisfy part 150 approval
requirements.
8. Public Information Program
The FXE staff and other City staff
provide regular reports to the AAB, and
ad hoc reports to other interested groups
as requested. (NCP, pages 66, 172, 181)
VerDate jul<14>2003
14:19 Feb 01, 2005
Jkt 205001
FAA Action: Disapproved
The NCP states that no additional or
modified signs are required at this time,
so this measure is not a necessary
element of this NCP. Signs must not be
construed as mandatory air traffic
procedures. The content and location of
airfield signs 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.
10. Pilot Manual Noise Abatement Insert
The City prepares and distributes a
revised pilot noise abatement handout
in a format that is compatible with a
Jeppessen-sanderson manual. Following
the FAA’s review and approval of this
NCP, the City should revise the existing
insert to reflect program changes and
redistribute it to pilots, FBOs, and other
operators. (NCP, pages 67, 172, 182)
FAA Action: Approved as a Continuing
Measure
Language in revised inserts should
accurately reflect FAA actions on this
revised NCP. Inserts 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.
11. NEM/NCP Review and Revision
The City will continue existing NEM
and NCP review and revision practices,
as necessary. The City will also update
the NCP, if made necessary by NEM
revision. The city utilizes information
from a variety of sources to monitor the
accuracy of the NEMs and the
effectiveness of the NCP, including:
ANOMS monitoring, citizen reports,
FAA ATCT traffic counts. The city uses
these sources to determine if operations
have changed sufficiently to require an
NEM update (e.g., difference of more
than 15 percent in operations, or if new
noncompatible uses due to changes in
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
12. ATIS Noise Abatement Advisory
The City will continue to request
incorporation of noise abatement
advisory information on the ATIS
recording. (NCP, pages 67, 173, 182)
FAA Action: Disapproved
Revised Order 7110.65, Air Traffic
Control, no longer provides for noise
abatement advisories. Noise abatement
advisories may be published in the
Airport Facilities Directory and pilot
handouts.
13. Achievements in Community
Excellence (ACE) Awards
The City will continue to provide
Achievement in Community Excellence
(ACE) awards program to encourage
aircraft operators, through a program of
positive recognition, to comply with the
NCP noise abatement elements to the
maximum feasible extent. The city has
provided ACE awards to ten different
companies since 1998. (NCP, pages 67,
173, 183)
FAA Action: Approved as a Continuing
Measure
14. Pilot Noise Abatement Workshops
The City will continue to hold these
sessions, as another mechanism for
publicizing noise abatement measures,
goals, and implementation status, and
for educating pilots. The city has
organized and conducted several
workshops, two or three times a year.
(NCP, pages 67, 173, 183)
FAA Action: Approved as a Continuing
Measure
These determination are set forth in
detail in a Record of Approval signed by
the FAA on January 14, 2005. 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
City of Fort Lauderdale, Florida. The
Record of Approval also will be
available on-line at https://www.faa.gov/
arp/environmental/14cfr150/
index14.cfm.
Issued in Orlando, Florida, on January 5,
2005.
Bart Vernace,
Acting Manager, Orlando Airports District
Office.
[FR Doc. 05–1921 Filed 2–1–05; 8:45 am]
BILLING CODE 4910–13–M
E:\FR\FM\02FEN1.SGM
02FEN1
Agencies
[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Notices]
[Pages 5504-5508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1921]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; Fort Lauderdale
Executive Airport; Fort 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 City of
Fort Lauderdale, Florida 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 19,
2004, the FAA determined that the noise exposure maps submitted by the
City of Fort Lauderdale, Florida under part 150 were in compliance with
applicable requirements. On January 14, 2005, the FAA approved the Fort
Lauderdale Executive 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 Fort
Lauderdale Executive Airport noise compatibility program is January 14,
2005.
FOR FURTHER INFORMATION CONTACT: Ms. Bonnie Baskin, 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 the Fort
Lauderdale Executive Airport, effective January 14, 2005.
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 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 measures 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 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.
The City of Fort Lauderdale, Florida submitted to the FAA on
February 4, 2004, the noise exposure maps, descriptions, and other
documentation produced during the noise compatibility planning study
conducted from September 2000, through December 2002. The Fort
Lauderdale Executive Airport exposure maps were determined by FAA to be
in compliance with applicable requirements on February 19, 2004. Notice
of this determination was published in the Federal Register on February
19, 2004.
The Fort Lauderdale Executive 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, 2002, beyond the
[[Page 5505]]
year 2007. 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 July 20, 2004, 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 twenty-seven (27) 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 FAA effective January 14, 2005.
Our right approval was granted for fifteen (15) of the twenty-seven
(27) specific program elements. Seven (7) elements were disapproved for
the purposes of part 150, four (4) elements were partially approved,
and one (1) required no action. The approval/disapproval action was for
the following program measures:
Operational Measures
1. Restriction of Jet Use of Runway 13/31
The City requests that the FAA amend the existing voluntary
limitation of jet use of Runway 13/31 to implement it as a formal
preferential runway program element. This program element is
appropriate because there are residential areas closer to the ends of
this runway than to the ends of Runway 08/26. Formalizing the procedure
is expected to reduce jet use on Runways 13 and 31 by an additional 2
to 3 percent for both daytime and nighttime hours. (NCP, pages 63, 98,
123, 175, and Table 22)
FAA Action: Disapproved as to Formalizing the Procedure; Continuation
of the Current Procedure on a Voluntary Basis Is Approved
The recommendation to formalize the restriction is disapproved
because Runway 13/31 would have to be available for operations should
Runway 8/26 be closed. Also, it is not clear from the NCP just how much
of the noise benefit, described in Table 22 for a combination of three
proposed formal preferential procedures, is derived from formalizing
this measure.
This procedure may continue on a voluntary basis as traffic,
weather, and airspace safety and efficiency permit. The previous part
150 study and Record of Approval summarized this measure's benefits,
when implemented as voluntary, as follows: ``The elimination of this
measure would dramatically increase direct jet overflights of the
close-in residential areas under the extended centerlines of runways at
the airport, in areas where jet operations currently are rare.
Increased jet use would almost certainly result in a vigorous community
reaction.''
2. Extension of Upwind Leg for Runway 31 Departures out to the Turnpike
The City will continue to request that pilots delay turns to
crosswind or on course until crossing this visual reference. There is
no change proposed to the measure approved by the FAA in 1997. (NCP,
pages 64, 176)
FAA Action: Disapproved
The FAA objects to this measure because it may impact aircraft
operational safety and efficiency. VFR aircraft in the traffic pattern
for Runway 31 must be able to turn crosswind before reaching the
Turnpike in order to run a safe and efficient traffic pattern. In
addition, continuation of this existing measure is disapproved due to
significant increase in air traffic in the area from many airports. The
air traffic controllers need to be able to run aircraft as soon as
possible and cannot be required to place aircraft in a prescribed
flight path with the significant increase in air traffic around FXE.
3. Voluntary Use of Turbojet Noise Abatement Departure Profiles
The City will continue to request that pilots use National Business
Aviation Association (NBAA) and manufacturers' turbojet noise abatement
departure profiles. This program element must be voluntary, because the
pilot in command of the aircraft has the ultimate responsibility for
safe aircraft operation. No third party (including the FAA or the City)
can dictate cockpit procedures. (NCP, pages 64, 147-148, 176; Figure
50)
FAA Action: Approved as a Continuing Voluntary Measure
4. Runway 26 Departure Heading
Pilots currently are requested to initiate a turn to 310[deg] after
crossing NW 31st Avenue (visual conditions) or after passing the Runway
8 middle marker (instrument conditions). The City requests that FAA
amend this procedure to implement it on a formal basis, so that it
applies to all non-emergency operations (wind, weather, and traffic
permitting). The FAA is decommissioning the middle marker. Therefore,
the City also requests that the FAA continue the operation of the
middle marker as an electronic reference or ``turn marker''. (NCP,
pages 64, 103; Figure 38)
FAA Action: Disapproved as to Formalizing the Procedure; Continuation
of the Current Procedure on a Voluntary Basis Is Approved, for VFR
Traffic Only, as Traffic, Weather, and Airspace Safety and Efficiency
Permit
Formalizing this procedure is disapproved because there is no
instrument approach to Runway 26, and aircraft are required to fly an
ILS approach to Runway 8. This opposite direction operation requires
that departing aircraft on Runway 26 turn as soon as possible for
safety purposes. For clarification purposes, the Runway 26 departure
heading was changed to 315[deg] due to magnetic variation and the
opposite-direction departure separation requirement of 45[deg]. The FAA
does not currently initiate a turn after crossing NW 31st Avenue/Runway
8 middle marker. Adherence to this procedure is voluntary on the part
of the pilot. The Part 150 study approved in 1997 stated, ``This
measure reduces the population within the 65 dB Ldn noise contour by
631 people.''
The FAA will not continue to use the middle marker as an electronic
reference. As an alternative to using the MM, the airport sponsor may
contact the FAA to determine whether the use of Distance Measuring
Equipment (DME) may be an appropriate substitute for the electronic
reference.
5. Evening and Night (8 p.m. to 7 a.m.) Implementation of ``Quiet One''
Departure Procedure on a Formal Basis
Pilots of eastbound and southbound aircraft currently are requested
to use the ``Quiet One'' departure procedure (a climbing left 360[deg]
turn to a heading of 090[deg]) on a voluntary basis at night (10 p.m.
to 7 a.m.) in visual conditions. The City requests that the FAA amend
this procedure to implement it on a formal basis, and to extend the
effective hours to run from 8 p.m. to 7 a.m. This procedure is
implemented at pilot request only, with ATCT approval. No change is
proposed. (NCP, pages 64, 103, 176)
[[Page 5506]]
FAA Action: Disapproved as to Formalizing the Procedure and
Continuation of the Current Procedure on a Voluntary Basis, as It
Allows for Uncontrolled Turns in IFR Airspace in a Very Congested Area
This measure was previously approved as voluntary in 1997 for the
nighttime timeframe. It is being disapproved at this time because of
the significant increase in air traffic in the area. The concern is
that the controllers need to be able to turn aircraft as soon as
possible to get them out of the way. (See Measure 10, below, for a
similar operational procedure, approved as voluntary.)
6. Night (10 p.m. to 7 a.m.) Implementation of ``Quiet One'' Departure
Procedure on a Formal Basis
If the FAA disapproves the preceding formal implementation of the
``Quiet One'' procedure with hours extended to run from 8 p.m. to 7
a.m., the City requests that the FAA approve the procedure on a formal
basis effective from 10 p.m. to 7 a.m. in visual conditions. (NCP,
pages 64, 103, 176)
FAA Action: Disapproved as to Formalizing the Procedure and
Continuation of the Current Procedure on a Voluntary Basis, as It
Allows for Uncontrolled Turns in IFR Airspace in a Very Congested Area
This measure was previously approved as voluntary in 1997 for the
nighttime timeframe. It is being disapproved at this time because of
the significant increase in air traffic in the area. The concern is
that the controllers need to be able to turn aircraft as soon as
possible to get them out of the way. (See Measure 10, below, for a
similar operational procedure, approved as voluntary.) Formalizing the
turn could place a large number of VFR flights into congested IFR
airspace.
7. Support of Airport Perimeter Development as a Noise Barrier
This measure is a continuation of a measure approved by the FAA in
1997. It calls for the City to continue to work with airport tenants to
implement this measure as part of any proposed development on the
airport perimeter. The structures would be placed in such a manner that
they can act as noise barriers addressing aircraft taxi operations for
neighboring residences. (NCP, pages 65, 148, 177)
FAA Action: Approved as a Continuing Measure
The airport sponsor has included this recommendation in past NCP
studies. The intent of the measure is to promote good placement of
facilities built on airport property in a manner that would use the
building as a buffer to minimize airport ground-based noise on nearby
residences. Any building construction on the airport would be required
to comply with applicable Federal requirements.
8. Restriction of Maintenance Runups 7 p.m. Through 7 a.m. at the Runup
Pad
The existing NCP includes a restriction that is formally codified
in the Aviation section of the Fort Lauderdale City Code. This
ordinance restricts the time and location of maintenance runups. No
maintenance runups are allowed between 7:00 p.m. and 7:00 a.m. All
maintenance runups are limited to a location designated by the ATCT.
The designated runup pad is at the decommissioned compass rose located
near the southeast corner of the intersection of Runways 8/26 and 13/
31. (NCP, pages 65, 151, 177)
FAA Action: Approved as a Continuing Measure
This measure has been approved by the FAA in past NCPs and has
eliminated complaints from nearby residences about ground runup noise.
Figure 53 shows that placement of the runup area is close to land uses
designated as manufacturing and production.
9. Nighttime Preference for Runway 26 Departures and Runway 08
Arrivals, for All Aircraft
This measure maximizes operations over the less developed areas
west of the airport. This bi-directional runway use is feasible at
night because winds are calmer, operations levels are lower at night,
and the ATCT is open all night, ensuring the safe and optimal use of
the procedure. The city makes an annual payment out of airport funds to
staff the ATCT at night to permit implementation of this measure and to
maximize the effectiveness of other nighttime measures. The City
requests that the FAA amend this measure to implement it as a formal
preferential runway program element. (NCP, pages 63, 98, 122, 178; and
Table 22)
FAA Action: Disapproved as a Mandatory Formalized Procedure; Continuing
This Measure on a Voluntary Basis, When Wind Weather, and Airspace
Safety and Efficiency permit Is Approved
Formal implementation of this procedure is disapproved. The noise
abatement flight path is infrequently used, and initiated only upon
pilot request. This opposite direction operation requires that
departing aircraft on Runway 26 turn as soon as possible for safety
purposes. Opposite direction operations on the same runway lower the
margin of safety.
The current NCP shows that Runway 26 nighttime departures are
carried out about 55 percent of the time by jet aircraft, and 35
percent of the time for propeller aircraft. Runway 8 nighttime arrivals
by jets occur approximately 70 percent of the time and approximately 60
percent of the time by propeller aircraft. The present nighttime
departure rate is an improvement over the base case runway use reported
when the measure was originally recommended in the mid-1980's (20
percent for all operations). The 1997 NCP stated: ``This measure
results in a reduction of 31 people within the 65 dB Ldn noise contour
and operates in conjunction with the noise abatement flight path for
Runway 26 departures (turn to a heading of 310 degrees).'' (See Measure
4 in this Record of Approval.)
10. Runway 08 Departure Heading
Presently turbojets with destinations other than eastbound are
assigned heading 330 degrees, and non-eastbound propeller aircraft are
assigned 300 degrees, with instructions to initiate turns abeam of I-
95. All eastbound departures are assigned heading 090. The City
requests that the FAA amend the existing I-95 turn as a mandatory,
formal instrument procedure under FAA radar control, applicable to all
aircraft, wind, weather, and traffic permitting. A 90 degree heading
would be assigned when required to avoid potentially unsafe traffic
conflicts. (NCP, pages 64, 103, 111, 117-118, 178; Figure 43; and
Tables 18, and 33)
FAA Action: Disapproved as a Mandatory, Formal Instrument Procedure;
Approved as a Continuation of an Existing Voluntary Measure When
Traffic, Weather, and Airspace Safety and Efficiency Permit Between the
Hours of 11 p.m. and 7 a.m.
This measure is disapproved as a mandatory, formal instrument
procedure. Air traffic has significantly increased in this corridor
since the 1997 approval of the voluntary procedure. Formalizing this
departure procedure by turning all turbojet aircraft on this heading
creates a safety issue due to the air traffic congestion in the south
Florida area when traffic is other than light.
The Letter of Agreement between the Miami ATCT and FXE ATCT was
revised August 1, 2004, to require that ATCT assign a heading of
330[deg] to all turbojet aircraft departing Runway 8
[[Page 5507]]
between the hours of 11 p.m. and 7 a.m. (this excludes emergency
Lifeguard flights). The measure may be extended at the discretion of
ATCT to 8 a.m. if traffic, weather, and airspace safety and efficiency
permit. The 1997 NCP stated: ``The elimination of this procedure would
approximately double the population within the 65 dB Ldn contour.'' The
FAA approved the measure in 1997 as voluntary. This NCP states that
without the existing measure in place, ``the population within the
contours more than doubles from 730 to 1801, clearly indicating the
effectiveness of this existing measure.'' The VFR turn abeam I-95 is
voluntary on the part of the pilot and ATCT does not issue turns abeam
I-95.
11. Restriction of Night, Weekend, and Holiday Touch-and-Go Operations
and Practice Approaches on a Voluntary Basis
Expand the existing voluntary night (10 p.m. to 7 a.m.) touch-and-
go restriction to encompass touch-and-go and practice-approach training
operations at night, and on a 24-hour basis on weekends and City
holidays. This measure is predicted to reduce the number of people
within the 65 DNL noise contour from 730 to 700. (NCP, pages 65, 127-
131, 178; Figure 46; Tables 25, 26, and Table 33)
FAA Action: Approved as a voluntary measure
12. Raise the Approach Slope on All Runway Ends to 3.5[deg]
This measure calls for raising the Runway 8 approach slope to
3.5[deg]. It also requires the City to raise the PAPI angles to 3.5
degrees on all runway ends, with FAA approval. The city would publicize
these changes. It should be noted that a glide slope angle above 3
degrees on a runway with an ILS such as Runway 8, is considered
exceptional and requires special FAA approval. Figure 48 presents the
resulting contours, which show contour shrinkage immediately under the
extended runway centerlines. The population within the contours falls
by an estimated 74 residents. (NCP, pages 139, 179; Figure 48, and
Tables 28, 29, and 33)
FAA Action: Disapproved for Purposes of FAR Part 150
FAA has not raised the approach slope for other than safety
reasons, to maintain cockpit proficiency. Further, at FXE, if the
approach minimums were raised it would prohibit access to the aircraft
by Category D aircraft due to the airport's runway length.
13. Future Use Restriction if Implementation of Operational Measures
Does Not Meet Objectives
The City will monitor the jet fleet mix, and implementation and
effectiveness of noise abatement measures, to determine whether the
projected retirement of non-Stage 3 jets, combined with operational
measures, accomplishes two objectives: (1) Eliminating residential and
other potentially non-compatible land uses within the 65 DNL contour,
and (2) eliminating all Runway 08 straight-out (090[deg] heading) jet
departures, with the exception of those required by emergency or safety
conditions. If these objectives are not met, the City will initiate the
analysis of use restriction options that might provide similar noise
benefit. The scope of the study will include, but not be limited to:
(1) Restriction of Stage 1, or Stage 1 and 2 operations; (2) single
event noise level limits; (3) night operating restrictions; and (4)
feasible enforcement mechanisms and penalties for violations. (NCP,
pages 143-147; Figure 49; and Tables 30, 31, and 33).
FAA Action: Approved for Further Study
Recommendations in this NCP for formalizing measures have not been
approved due to potential impacts on efficient use and management of
the navigable airspace and potential reduction in the level of aviation
safety presently provided. Predicted reductions of impacts on the noise
contour by formalizing these measures will, therefore, not be fully
realized. There is no forecast year NEM without these formalized
measures in place, so the population within the 2007 noise contour is
not known (the forecast case 2007 noise contours include the noise
abatement elements of the ``operational composite case''). Implementing
the approved measures within this ROA appears to provide a benefit by
removing the DNL 65 dB noise contour from about 30 to 70 people (see
Table 33, page 157). The 2002 base case shows that a total of 730
people reside within the DNL 65 dB noise contour. It should be noted
that FAA will not accept as justification for an airport noise or
access restriction new noncompatible development that occurs within the
airport's published NEM contours.
Land Use Measures
Based on the projection that there will be no noncompatible land
uses within the DNL 65 dB noise contour in 2007, with implementation of
the noise abatement elements of this revised NCP, no new land use
measures are recommended. It is recommended that the revised NCP
continue to include the existing compatible land use measures to
prevent development of new noncompatible uses to the extent feasible.
(NCP, page 167).
1. Rezoning Noncompatible Property as Opportunity Arises
City staff members continue to monitor areas within existing and
forecast NEM to identify opportunities for rezoning. The very limited
noncompatible areas of land within the contours and the highly
developed nature of those areas limit opportunities. (NCP, pages 65,
167).
FAA Action: Approved as a Continuing Measure
2. Local Jurisdictions To Incorporate Noise Requirements Into
Development Control
The City has requested that local jurisdictions adopt the noise
requirements on a case-by-case basis (NCP, pages 65, 167, 180)
FAA Action: Approved as a Continuing Measure
3. Voluntary Fair Disclosure by Real Estate Agents
This measure is an informal educational effort. Information is
disseminated through newsletters and presentations to all the local
governments in the ares as well as realtors, other businessmen and
residents. The community Advisory Committee also serves as an ongoing
conduit of revised noise-related information. (NCP, pages 65, 167, 180)
FAA Action: Approved as a Continuing Measure
4. Monitor Noise To Determine Exact Extent of Contour Into Residential
Area
The City installed permanent noise monitor number 6 in Village Park
Mobile Home Park (NCP, pages 66, 167, 180; Figure 54)
FAA Action: No Action Required
This measure was approved by the FAA in the 1997 NCP, and the City
has implemented the action.
5. Noise Abatement Advisory Committee
The City will continue to implement this program element through
the monthly meetings of the Aviation Advisory Board (AAB). The AAB;
receives a report on the NCP implementation and status and statistics
on compliance with noise abatement measures. (NCP, page 66, 169, 180)
[[Page 5508]]
FAA Action: Approved as a Continuing Measure
6. Noise Abatement Officer
Supplement part-time responsibilities of the FXE Airports Program
Manager and Airports Programs Aide with addition of a dedicated ``Noise
Abatement Technician'', to focus on day-to-day and month-to-month
responsibilities, and assist the more senior staff on specialized
program requirements. This is a dedicated staff position for which the
city will be responsible for the cost. (NCP pages 66, 161, 181)
FAA Action: Approved
7. Permanent Noise and Operations Monitoring System
The City proposes to implement enhancements to the existing ANOMS
installation to ensure the system continues to provide appropriate
monitoring coverage in a state-of-the-art fashion. The enhancements
will include five additional permanent noise monitors, upgraded central
computer hardware and software, and enhancements to the flight tracking
and identification system to provide more specific aircraft
identification through monitoring of Mode C transponder transmissions.
The expanded geographic coverage and age of the system installation
also justify an upgrade to the central ANOMS hardware and software. The
current system is based on UNIX operating platform; modern systems are
Windows-based. (NCP, page 66, 171, 181)
FAA Action: Disapproved Pending Submission of Additional Information
Other than the location of one of the five proposed new monitors
(under the Runway 13/31 extended centerline and identified as ``B'' in
the 2002 NEM Figure 53), the documentation does not show where these
new monitors will be located within the official NEM noise contours.
Measures submitted in a NCP for approval must be located within the
sponsor's NEM contour (14 CFR part 150, section 150.23(e), and 49
U.S.C. 47504(a)(2)) and must otherwise be shown to satisfy part 150
approval requirements.
8. Public Information Program
The FXE staff and other City staff provide regular reports to the
AAB, and ad hoc reports to other interested groups as requested. (NCP,
pages 66, 172, 181)
FAA Action: Approved as a Continuing Measure
9. Airfield Noise Abatement Advisory Signs
The City has installed noise abatement signage at key locations on
the airfield, notifying pilots of major noise abatement concerns. No
additional or modified signage is required at this time. However, any
such new or modified signage would be eligible for up to 90 percent FAA
and 5 percent FDOT grants. (NCP, pages 67, 172, 182)
FAA Action: Disapproved
The NCP states that no additional or modified signs are required at
this time, so this measure is not a necessary element of this NCP.
Signs must not be construed as mandatory air traffic procedures. The
content and location of airfield signs 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.
10. Pilot Manual Noise Abatement Insert
The City prepares and distributes a revised pilot noise abatement
handout in a format that is compatible with a Jeppessen-sanderson
manual. Following the FAA's review and approval of this NCP, the City
should revise the existing insert to reflect program changes and
redistribute it to pilots, FBOs, and other operators. (NCP, pages 67,
172, 182)
FAA Action: Approved as a Continuing Measure
Language in revised inserts should accurately reflect FAA actions
on this revised NCP. Inserts 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.
11. NEM/NCP Review and Revision
The City will continue existing NEM and NCP review and revision
practices, as necessary. The City will also update the NCP, if made
necessary by NEM revision. The city utilizes information from a variety
of sources to monitor the accuracy of the NEMs and the effectiveness of
the NCP, including: ANOMS monitoring, citizen reports, FAA ATCT traffic
counts. The city uses these sources to determine if operations have
changed sufficiently to require an NEM update (e.g., difference of more
than 15 percent in operations, or if new noncompatible uses due to
changes in operations, or if the NCP requires a revision). (NCP, pages
67, 172, 182)
FAA Action: Approved
12. ATIS Noise Abatement Advisory
The City will continue to request incorporation of noise abatement
advisory information on the ATIS recording. (NCP, pages 67, 173, 182)
FAA Action: Disapproved
Revised Order 7110.65, Air Traffic Control, no longer provides for
noise abatement advisories. Noise abatement advisories may be published
in the Airport Facilities Directory and pilot handouts.
13. Achievements in Community Excellence (ACE) Awards
The City will continue to provide Achievement in Community
Excellence (ACE) awards program to encourage aircraft operators,
through a program of positive recognition, to comply with the NCP noise
abatement elements to the maximum feasible extent. The city has
provided ACE awards to ten different companies since 1998. (NCP, pages
67, 173, 183)
FAA Action: Approved as a Continuing Measure
14. Pilot Noise Abatement Workshops
The City will continue to hold these sessions, as another mechanism
for publicizing noise abatement measures, goals, and implementation
status, and for educating pilots. The city has organized and conducted
several workshops, two or three times a year. (NCP, pages 67, 173, 183)
FAA Action: Approved as a Continuing Measure
These determination are set forth in detail in a Record of Approval
signed by the FAA on January 14, 2005. 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 City of Fort Lauderdale, Florida.
The Record of Approval also will be available on-line at https://
www.faa.gov/arp/environmental/14cfr150/index14.cfm.
Issued in Orlando, Florida, on January 5, 2005.
Bart Vernace,
Acting Manager, Orlando Airports District Office.
[FR Doc. 05-1921 Filed 2-1-05; 8:45 am]
BILLING CODE 4910-13-M