Approval of Noise Compatibility Program; St. Lucie County International Airport, Fort Pierce, FL, 62034-62037 [06-8790]
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Federal Register / Vol. 71, No. 203 / Friday, October 20, 2006 / Notices
b. Program measures are reasonably
consistent with achieving the goals of
reducing existing non-compatible land
uses around the airport and preventing
the introduction of additional 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.
Sanford Airport Authority submitted
to the FAA on January 6, 2006, the noise
exposure maps, descriptions, and other
documentation produced during the
noise compatibility modification study
conducted from March 8, 2004, through
January 6, 2006. The Orlando Sanford
International Airport noise exposure
maps, submitted to the FAA on June 9,
2005, were determined by FAA to be in
compliance with applicable
requirements on June 22, 2005. Notice
of this determination was published in
the Federal Register on June 22, 2005.
The Orlando Sanford International
Airport study contains a proposed
modification to the noise compatibility
program comprised of actions designed
for phased implementation by airport
management and adjacent jurisdictions
from 2004 to the year 2009. It was
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requested that FAA evaluate and
approve this material as a noise
compatibility program modification as
described in section 47504 of the Act.
The FAA began its review of the
program modification on March 3, 2006,
and was required by a provisions 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 one
(1) proposed action for noise mitigation
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 modification, therefore, was
approved by the FAA effective August
23, 2006.
Outright approval was granted for all
of the specific program elements.
Approved actions include a
modification to Land Use Measure H in
which the airport proposes additional
acquisition for noise abatement
purposes those areas that are identified
as non-compatible land uses and located
in the 65 DNL noise contour in the
updated NEM (2004).
These determinations are set forth in
detail in a Record of Approval signed by
the FAA on August 23, 2006. The
Record of Approval, as well as other
evaluation materials and the documents
comprising the submittal, are available
for review at the FAA office listed above
and at the administrative office of the
Sanford Airport Authority. The Record
of Approval also will be available online at https://www.faa.gov/arp/
environmental/14cfr150/index14.cfm.
Issued in Orlando, Florida on September
28, 2006.
W. Dean Stringer,
Manager, Orlando Airports District Office.
[FR Doc. 06–8789 Filed 10–19–06; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility
Program; St. Lucie County
International Airport, Fort Pierce, FL
Federal Aviation
Administration, DOT.
ACTION: Notice.
AGENCY:
SUMMARY: The Federal Aviation
Administration (FAA) announces its
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findings on the noise compatibility
program submitted by the St. Lucie
County Board of County Commissioners
under the provisions of 49 U.S.C. (the
Aviation Safety and Noise Abatement
Act, hereinafter referred to as ‘‘the Act’’)
and 14 CFR part 150. These findings are
made in recognition of the description
of Federal and nonfederal
responsibilities in Senate Report No.
96–52 (1980). On February 23, 2006, the
FAA determined that the noise exposure
maps submitted by the St. Lucie County
Board of County Commissioners under
part 150 were in compliance with
applicable requirements. On August 21,
2006, the FAA approved the St. Lucie
County International Airport noise
compatibility program. Most of the
recommendations of the program were
approved.
DATES: Effective Date: The effective date
of the FAA’s approval of the St. Lucie
County International Airport noise
compatibility program is August 21,
2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Lindy McDowell, Federal Aviation
Administration, Orlando Airports
District Office, 5950 Hazeltine National
Dr., Suite 400, Orlando, Florida 32822,
(407) 812–6331, Extension 130.
Documents reflecting this FAA action
may be reviewed at this same location.
SUPPLEMENTARY INFORMATION: This
notice announces that the FAA has
given its overall approval to the noise
compatibility program for St. Lucie
County International Airport, effective
August 21, 2006.
Under Section 47504 of the Act, an
airport operator who has previously
submitted a noise exposure map may
submit to the FAA a noise compatibility
program which sets forth the measures
taken or proposed by the airport
operator for the reduction of existing
non-compatible land uses and
prevention of additional non-compatible
land uses within the area covered by the
noise exposure maps. The Act requires
such programs to be developed in
consultation with interested and
affected parties including local
communities, government agencies,
airport users, and FAA personnel.
Each airport noise compatibility
program developed in accordance with
Federal Aviation Regulations (FAR) Part
150 is a local program, not a Federal
Program. The FAA does not substitute
its judgment for that of the airport
proprietor with respect to which
measure should be recommended for
action. The FAA’s approval or
disapproval of FAR Part 150 program
recommendations is measured
according to the standards expressed in
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Federal Register / Vol. 71, No. 203 / Friday, October 20, 2006 / Notices
Part 150 and the Act, and is limited to
the following determinations:
a. The noise compatibility program
was developed in accordance with the
provisions and procedures of FAR Part
150.
b. Program measures are reasonably
consistent with achieving the goals of
reducing existing non-compatible land
uses around the airport and preventing
the introduction of additional 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.
St. Lucie County Board of County
Commisioners submitted to the FAA on
December 21, 2005, the noise exposure
maps, descriptions, and other
documentation produced during the
noise compatibility planning study
conducted from August 2003 through
December 2005. The St. Lucie County
International Airport noise exposure
maps were determined by FAA to be in
compliance with applicable
requirements on February 23, 2006.
Notice of this determination was
published in the Federal Register on
February 23, 2006.
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The St. Lucie County Airport study
contains a proposed noise compatibility
program comprised of actions designed
for phased implementation by airport
management and adjacent jurisdictions
from the year 2005 to the year 2010. It
was requested that FAA evaluate and
approve this material as a noise
compatibility program as described in
section 47504 of the Act. The FAA
began its review of the program on
February 23, 2006, and was required by
a provision of the Act to approve or
disapprove the program within 180 days
(other than the use of new or modified
flight procedures for noise control).
Failure to approve or disapprove such
program within the 180-day period shall
be deemed to be an approval of such
program.
The submitted program contained
fourteen (14) proposed actions for noise
mitigation on an off the airport. The
FAA completed its review and
determined that the procedural and
substantive requirements of the Act and
FAR Part 150 have been satisfied. The
overall program, therefore, was
approved by the FAA effective August
21, 2006.
Outright approval was granted for a
number of the specific program
elements. Three (3) measures were
disapproved; one pending submission of
additional information to make an
informed analysis, one based on issues
outside of the 65 DNL contour, and one
due to lack of expected noise benefits.
Operational Measures
1. Discourage Stage 1 Aircraft
Operations Unless for Life Safety,
Emergency or Aircraft Recertification
Implement the voluntary
discouragement of State 1 aircraft
operations at FPR unless for life safety,
emergency, or aircraft recertification.
(Supplemental sponsor letter dated May
15, 2006; NCP, page ES–2, NCP
Recommendations; pages 133–134,
including Table 11.5; Figure 11.3.)
FAA Action: Approved as voluntary,
for purposes of Part 150. This measure
is recommended on a voluntary basis,
and may not be imposed as mandatory
nor may aircraft owners or pilots be
penalized if they do not choose to
voluntarily comply. Estimated benefits
of implementing the measure on a
voluntary basis are shown on page 134,
and show a reduction of impacts to 47
people presently within the 60 DNL
noise contour.
2. Maintain Voluntary Touch and Go
Training Procedures
• Touch and Go training acceptable
between 8 a.m. and 2 hours after sunset
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(Monday through Saturday), and Touch
and Go training not acceptable on
Sundays or Holidays (Sponsor
supplemental letter dated May 15, 2006
and NCP, pages ES–2, 134–136, and
Table 11.7).
FAA Action: Disapproved pending
submission of additional information to
make an informed analysis. The NCP
did not evaluate the benefit of this
specific measure. The FAA recognizes
that the procedures are currently being
used on a voluntary basis as traffic,
weather and airspace safety and
efficiency permit. This disapproval does
not prohibit the sponsor from
implementing this voluntary procedure.
3. Runway 14 Preferred in Calm Wind
Runway 14 is preferred for calm wind
operation (until construction of the new
runway 9L/27R) (Sponsor supplemental
letter dated May 15, 2006; NCP, page
ES–2, NCP Recommendations; pages
136–138 and Table 11.8, analysis of the
measure; Figure 11.9 and Table 11.9,
page 165, Estimated Population and
Sensitive Receptors for 2005 DNL
Alternatives).
FAA Action: Approved on a voluntary
basis during clam winds as traffic,
weather, and airspace safety and
efficiency permit. The NCP shows the
preferred use of Runway 14 would
reduce the population within the DNL
60 dB impacted by nine people (Figure
11.9 and Table 11.9.).
4. New Runway 9L/27R Preferred for
Flight Training to the Extent Possible
During the five-year planning
timeframe, FPR will construct a parallel
runway 9L–27R. This runway is
designed to accommodate flight-training
aircraft, which are prevalent at FPR.
(Sponsor supplemental letter dated May
15, 2006; NCP, pages ES–2, NCP
Recommendations; 160–162, and page
165, Figures 11.18 and 11.20; and Table
11.15).
FAA Action: Approved on a voluntary
basis as traffic, weather, and airspace
safety and efficiency permit. The FPR
Air Traffic Control Tower has stated that
multiengine training would remain
primarily on the existing runway once
the proposed parallel runway is
constructed. Capacity considerations
could also affect the number of
operations on the new runway. Further,
this measure must not be construed as
a mandatory procedure for noise
abatement purposes. The FAA is not
responsible for monitoring or regulating
the number/volume of operations other
than for safety and efficiency, nor is it
responsible for ‘‘enforcing’’ noise
abatement/voluntary actions. The FPR
ATCT will select runways and
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Federal Register / Vol. 71, No. 203 / Friday, October 20, 2006 / Notices
procedures that maximize the efficiency
of air traffic flow at all times; noise
abatement procedures are voluntary and
may be used when operating conditions
permit. By shifting a portion of training
operations to this runway, an overall
reduction in the number of persons
affected by noise would occur. Figures
5.10a and 5.10b illustrate touch-and-go
flight tracks would occur primarily over
airport property, thereby benefiting
populations outside the 65 DNL noise
contour by reducing over flights over
those noise sensitive areas.
jlentini on PROD1PC65 with NOTICES
5. Jet Aircraft Use ‘‘Close-in’’ Noise
Abatement Departure Profile
Recommend the voluntary use of
‘‘close-in’’ noise abatement departure
profiles for use by jet aircraft operators
on all runways. The existing FPR noise
abatement program requests that jet
pilot use NBAA noise abatement
departure profiles to minimize noise
exposure in residential areas
immediately off the runway ends.
(Sponsor supplemental letter dated May
15, 2006; NCP, page ES–2, NCP
Recommendations; pages 141–142,
Figure 11.17; and Table 11.12).
FAA Action: Approved as a
continuation of a voluntary measures as
traffic, weather, and airspace safety and
efficiency permit. The referenced
Figures and Tables in the NCP show a
benefit on a single event basis when this
procedure is used. The decision on how
to operate each aircraft that uses St.
Lucie County International Airport
remains with the pilot in command.
6. Study the Feasibility of a 1,500-foot
Westward Shift of Runway 9R/27R
The shift of Runway 9/27 to the west
would alleviate over flight of aircraft
over residential neighborhoods. The
analysis indicates there would be a
reduction of approximately 50 percent
in the number of currently affected
persons in the 60–65 DNL contour
intervals and the elimination of all
currently affected persons in the 65–70
DNL contour. (Sponsor supplemental
letter dated May 15, 2006; NCP, page
ES–2, NCP Recommendations; pages
162–163; and Table 11.16).
FAA Action: Approved for further
study. The NCP recommends this
measure be further studied. Table 11.16
shows a reduction in DNL impacts to 95
people and 3 sensitive receptors in the
long-range timeframe. If the study
results in a final recommendation to
shift the runway 1,500 feet, it may not
be implemented unless it meets all
applicable FAA criteria. These criteria
include, but may not be limited to,
addressing the National Environmental
Policy Act, 14 CFR part 150 study
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Jkt 211001
update criteria, applicable airspace and
operational criteria, and airport
standards criteria. Federal funding
assistance will be based on availability
of funds and justification at the time of
application.
FAA reminds the County of its policy
that no structures built after October 1,
1998, are eligible for Federal funding for
remedial mitigation (see FAA policy at
63 FR 16409).
Land Use Measures
1. Pilot Education Program
1. Update County Airport Zoning
Regulations
St. Lucie County would publish noise
abatement information to enhance pilot
participation. This is a continuation of
an existing measure. FPR has an
established voluntary noise abatement
program that has been developed in
close coordination with airport
neighbors and users. This program is
published on the airport’s Web site and
distributed to all tenants on the airport.
In addition, publications are distributed
to all flight schools at other area airports
to familiarize them with FPR’s noise
abatement policies. (Sponsor
supplemental letter dated May 15, 2006;
NCP, page ES–3, NCP
Recommendations; Section 12.7 of NCP,
‘‘Implementation Related Elements’’
page 195).
FAA Action: Approved. Inserts or
other information must not be construed
as mandatory air traffic procedures; the
content of the inserts are subject to
specific approval by appropriate FAA
officials outside of the FAR Part 150
process and are not approved in
advance by this determination.
Consistent with Florida statute and
with Florida DOT’s District 4
recommendations, updated county
regulations would include: Add 4 NM
airport notification; add school
construction zones per Florida State
Chapter 333; publish noise zones at
least three times a year; require noise
easements and/or sound insulation for
new residential construction within the
DNL 60 dB noise contour. (Sponsor
supplemental letter dated May 15, 2006;
NCP at page ES–2, NCP
Recommendations; pages 182–184 and
Table 12.2 at page 185; page 189; and
page 194, Recommended Land Use
Compatibility Alternatives at section
12.6. Also see Figures 12.6, and 12.7.)
FAA Action: Approved. The Federal
government has no authority to control
local land use; the local government has
the authority to implement this
measure. Approval of this measure does
not commit the FAA to federal funding
assistance.
2. Provide Ability to St. Lucie County to
Purchase Land, Aviation Easements, or
Other Remedies to Minimize the
Development of Noncompatible Land
Uses
This recommendation includes
approval of remedial land use
recommendations so the County may
acquire land relocate existing residences
within the current conditions (2005)
DNL 60 dB notice contour (see Table
10.2), or to alternately provide sound
insulation or noise easements for homes
within that noise contour. (Sponsor
supplemental letter dated May 15, 2006;
NCP, pages ES–2, Table 10.2 at page
123, and page 194 section 12.6).
FAA Action: Disapproved for
purposes of Part 150 with respect to
Airport Improvement Program (AIP)
Funding. The areas proposed for
mitigation lie solely outside the DNL 65
dB noise contour. Section 189 of Public
Law 108–176, Vision 100-Century of
Aviation Reauthorization Act, December
12, 2003 specifically prohibits FAA
approval of Part 150 program measures
that require AIP funding to mitigate
aircraft noise outside DNL 65 dB
(through Fiscal Year 2007). section 189
does not preclude the use of airport
revenue outside DNL 65 dB. Also, the
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Implementation Measures
2. Community Information Program
St. Lucie County will publish noise
contours at least three times a year in a
local paper of largest circulation and
notify the board of realtors. The pilot
education program (IM–1, above) will
effectively reach the operators at FPR
and will be structured to meet the needs
of pilots. This information must be
translated into easy to understand
terminology and details for the general
public. (Sponsor supplemental letter
dated May 15, 2006; NCP, pages ES–2
and ES–3, NCP Recommendations,
pages 182–184 and page 196)
FAA Action: Approved.
3. Routine review of NCP
Implementation
This measure recommends that
implementation of the NCP be received
periodically to determine the need for
update. At a minimum, it is
recommended that the NEM be updated
at the end of the five-year forecast
period. (Sponsor supplemental letter
dated May 15, 2006; NCP, pages ES–3,
NCP Recommendations, and page 196).
FAA Action: Approved. An update to
the NCP if made necessary be NEM
changes would address requirements of
150.23(e)(9). The FAA clarifies herein
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Federal Register / Vol. 71, No. 203 / Friday, October 20, 2006 / Notices
the requirements of 150.21, as described
in the NCP at pages ES–3 and 196.
Section 150.21(d), as amended states
that the NEM should be updated if there
is either a substantial new
noncompatible use within the DNL 65
dB contour, or if there is a significant
reduction in noise over existing
noncompatible land uses [69 FR 57622,
dated 9/24/04].
jlentini on PROD1PC65 with NOTICES
4. FAA ATCT Procedures Development
The NCP contains several measures
that will be implemented by the FAA
and the local ATC staff. In order to
document and formalize the
recommended touch and go procedures,
it is recommended a tower order be
developed. Tower orders are typically
implemented under a Memorandum of
Agreement (MOA) between the airport
sponsor (St. Lucie County) and the FAA.
The sponsor will coordinate
development of existing and
recommended procedures (listed at page
197) with ATCT controllers to ensure
continuity. Costs are not eligible for
State or Federal funding. (Sponsor
supplemental letter date May 15, 2006;
NCP, page ES–3, NCP
Recommendations, and page 196–197).
FAA Action: Approved in concept.
Coordination between the sponsor and
FAA could help ensure continuity. Not
all measures listed on page 197 are
appropriate for inclusion in a tower
order. Existing and operational
measures within the NCP and approved
in this ROA, that normally would be
included in a tower order (for example,
the touch and go procedures and
altitudes), may be appropriate for
consideration. The FAA will determine
the appropriate elements of the noise
compatibility program to include in any
tower order, and the language
describing them, consistent with
applicable Federal requirements.
5. Traffic Pattern Notification Lights for
Training Aircraft
St. Lucie International Airport is
home to one of the largest flight training
schools in the Treasure Coast Region
(see pages 182–184), with over 81,000
training operations per year. In order to
minimize the repeated noise of training
aircraft over residential areas located
directly east of the airport, a system of
permanently mounted lights is
recommended to be installed along U.S.
Highway 1 to act as a further landmark
for student pilots, if practical, to initiate
their downwind/upwind leg of the
training operation when utilizing
Runway 9/27. (Sponsor supplemental
letter dated May 15, 2006; NCP page
ES–3, NCP Recommendations, and page
197).
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15:52 Oct 19, 2006
Jkt 211001
FAA Action: Disapproved. There is
insufficient analysis of the placement of
lighting or the expected noise benefits.
There are no FAA-approved standard
for traffic pattern notification lights.
6. Noise Office Staffing
St. Lucie County should continue to
employ a noise office staff person. The
monitoring of nighttime operations,
program education, and compliance and
complaint response are an integral part
of the noise program. Costs for this
position are not eligible for FAA
funding. (Sponsor supplemental letter
dated May 15, 2006; NCP, page ES–3,
NCP Recommendations; and page 198.)
FAA Action: Approved.
These determinations are set forth in
detail in a Record of Approval signed by
the FAA on August 21, 2006. The
Record of Approval, as well as other
evaluation materials and the documents
comprising the submittal, are available
for review at the FAA office listed above
and at the administrative office of the
St. Lucie County Board of County
Commissioners. The Record of Approval
also will be available on-line at
https://www.faa.gov/arp/environmental/
14cfr150/index14.cfm.
Issued in Orlando, Florida, on October 4,
2006.
W. Dean Stringer,
Manager, Orlando, Airports District Office.
[FR Doc. 06–8790 Filed 10–19–06; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Commercial Space Transportation;
Waiver of License Requirement for
Blue Origin’s Pre-flight Preparatory
Activities Conducted at a U.S. Launch
Site
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of waiver.
AGENCY:
SUMMARY: The FAA waived a
requirement for Blue Origin, LLC (Blue
Origin), to obtain a launch license for
certain launch processing activities at
West Texas Launch Site. Blue Origin is
authorized to conduct suborbital rocket
launches under Experimental Permit
No. EP 06–001, which was issued by the
FAA on September 15, 2006. The FAA
finds that waiving the requirement to
obtain a launch license for certain
launch processing activities conducted
in preparation for flight is in the public
interest and will not jeopardize public
health and safety, safety of property, or
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62037
national security and foreign policy
interests of the United States.
FOR FURTHER INFORMATION CONTACT: Mr.
Sherman Council, Systems Engineering
and Training Division, Office of
Commercial Space Transportation,
Federal Aviation Administration, U.S.
Department of Transportation, 800
Independence Avenue, SW.,
Washington, DC 20591, (202) 267–8308.
SUPPLEMENTARY INFORMATION:
Background
The Federal Aviation Administration
(FAA) Office of Commercial Space
Transportation (AST) implements its
licensing and permitting authority
under 49 U.S.C. Subtitle IX, ch. 701—
Commercial Space Launch Activities
(chapter 701), which states that a license
or permit is required ‘‘to launch a
launch vehicle.’’ 49 U.S.C. 70104(a). On
September 15, 2006, the FAA issued an
experimental permit to Blue Origin. The
experimental permit authorizes Blue
Origin to conduct an unlimited number
of launches of a Propulsion Module 1
(PM1) vehicle from West Texas Launch
Site for one year from the effective date
of the permit. PM1 will be a lowaltitude demonstrator vehicle, using
2,042 kilograms (4,500 pounds) of
hydrogen peroxide (H2O2) as a
monopropellant, and is capable of
reaching an altitude of no more than 610
meters (2,000 feet) with a mission time
of less than one minute. Each PM1
vehicle will take off and land vertically
using rocket propulsion. The PM1
vehicle is designed to carry no crew, no
space flights participants, and no
payload.
West Texas Launch Site, which
contains the entire PM1 operating area,
consists of an 18,600 acre plot of land,
and will be enclosed by a fence. The
launch site is privately owned and will
be exclusively used by Blue Origin. The
proposed operating area is uninhabited
and controlled by Blue Origin. Blue
Origin will limit access to the launch
site to launch personnel and invited
guests.
Blue Origin plans to ship PM1 to the
launch site over ground. The panels and
nose cap of its aeroshell will be shipped
separately. PM1 will arrive at the launch
site in a completely inert state, with no
helium pressurant or H202 propellant
onboard. Once on the launch site, PM1
will be removed from its shipping
fixture and the aeroshell will be
installed on the PM1 in a vehicle
processing facility (VPF). The PM1 will
be assembled and undergo check-out
and pre-flight procedures inside the
VPF.
Launch processing inside the VPF
will include functional checks of the
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]]>Agencies
[Federal Register Volume 71, Number 203 (Friday, October 20, 2006)]
[Notices]
[Pages 62034-62037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8790]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program; St. Lucie County
International Airport, Fort Pierce, FL
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by the St. Lucie
County Board of County Commissioners under the provisions of 49 U.S.C.
(the Aviation Safety and Noise Abatement Act, hereinafter referred to
as ``the Act'') and 14 CFR part 150. These findings are made in
recognition of the description of Federal and nonfederal
responsibilities in Senate Report No. 96-52 (1980). On February 23,
2006, the FAA determined that the noise exposure maps submitted by the
St. Lucie County Board of County Commissioners under part 150 were in
compliance with applicable requirements. On August 21, 2006, the FAA
approved the St. Lucie County International Airport noise compatibility
program. Most of the recommendations of the program were approved.
DATES: Effective Date:
The effective date of the FAA's approval of the St. Lucie County
International Airport noise compatibility program is August 21, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Lindy McDowell, Federal Aviation
Administration, Orlando Airports District Office, 5950 Hazeltine
National Dr., Suite 400, Orlando, Florida 32822, (407) 812-6331,
Extension 130. Documents reflecting this FAA action may be reviewed at
this same location.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the noise compatibility program for St. Lucie
County International Airport, effective August 21, 2006.
Under Section 47504 of the Act, an airport operator who has
previously submitted a noise exposure map may submit to the FAA a noise
compatibility program which sets forth the measures taken or proposed
by the airport operator for the reduction of existing non-compatible
land uses and prevention of additional non-compatible land uses within
the area covered by the noise exposure maps. The Act requires such
programs to be developed in consultation with interested and affected
parties including local communities, government agencies, airport
users, and FAA personnel.
Each airport noise compatibility program developed in accordance
with Federal Aviation Regulations (FAR) Part 150 is a local program,
not a Federal Program. The FAA does not substitute its judgment for
that of the airport proprietor with respect to which measure should be
recommended for action. The FAA's approval or disapproval of FAR Part
150 program recommendations is measured according to the standards
expressed in
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Part 150 and the Act, and is limited to the following determinations:
a. The noise compatibility program was developed in accordance with
the provisions and procedures of FAR Part 150.
b. Program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
c. Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the Federal government; and
d. Program measures relating to the use of flight procedures can be
implemented within the period covered by the program without derogating
safety, adversely affecting the efficient use and management of the
navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator
prescribed by law.
Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in FAR Part 150, Section
150.5. Approval is not a determination concerning the acceptability of
land uses under Federal, State, or local law. Approval does not by
itself constitute an FAA implementing action. A request for Federal
action or approval to implement specific noise compatibility measures
may be required, and an FAA decision on the request may require an
environmental assessment of the proposed action. Approval does not
constitute a commitment by the FAA to financially assist in the
implementation of the program nor a determination that all measures
covered by the program are eligible for grant-in-aid funding from the
FAA. Where Federal funding is sought, requests for project grants must
be submitted to the FAA Airports District Office in Orlando, Florida.
St. Lucie County Board of County Commisioners submitted to the FAA
on December 21, 2005, the noise exposure maps, descriptions, and other
documentation produced during the noise compatibility planning study
conducted from August 2003 through December 2005. The St. Lucie County
International Airport noise exposure maps were determined by FAA to be
in compliance with applicable requirements on February 23, 2006. Notice
of this determination was published in the Federal Register on February
23, 2006.
The St. Lucie County Airport study contains a proposed noise
compatibility program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions from
the year 2005 to the year 2010. It was requested that FAA evaluate and
approve this material as a noise compatibility program as described in
section 47504 of the Act. The FAA began its review of the program on
February 23, 2006, and was required by a provision of the Act to
approve or disapprove the program within 180 days (other than the use
of new or modified flight procedures for noise control). Failure to
approve or disapprove such program within the 180-day period shall be
deemed to be an approval of such program.
The submitted program contained fourteen (14) proposed actions for
noise mitigation on an off the airport. The FAA completed its review
and determined that the procedural and substantive requirements of the
Act and FAR Part 150 have been satisfied. The overall program,
therefore, was approved by the FAA effective August 21, 2006.
Outright approval was granted for a number of the specific program
elements. Three (3) measures were disapproved; one pending submission
of additional information to make an informed analysis, one based on
issues outside of the 65 DNL contour, and one due to lack of expected
noise benefits.
Operational Measures
1. Discourage Stage 1 Aircraft Operations Unless for Life Safety,
Emergency or Aircraft Recertification
Implement the voluntary discouragement of State 1 aircraft
operations at FPR unless for life safety, emergency, or aircraft
recertification. (Supplemental sponsor letter dated May 15, 2006; NCP,
page ES-2, NCP Recommendations; pages 133-134, including Table 11.5;
Figure 11.3.)
FAA Action: Approved as voluntary, for purposes of Part 150. This
measure is recommended on a voluntary basis, and may not be imposed as
mandatory nor may aircraft owners or pilots be penalized if they do not
choose to voluntarily comply. Estimated benefits of implementing the
measure on a voluntary basis are shown on page 134, and show a
reduction of impacts to 47 people presently within the 60 DNL noise
contour.
2. Maintain Voluntary Touch and Go Training Procedures
Touch and Go training acceptable between 8 a.m. and 2
hours after sunset (Monday through Saturday), and Touch and Go training
not acceptable on Sundays or Holidays (Sponsor supplemental letter
dated May 15, 2006 and NCP, pages ES-2, 134-136, and Table 11.7).
FAA Action: Disapproved pending submission of additional
information to make an informed analysis. The NCP did not evaluate the
benefit of this specific measure. The FAA recognizes that the
procedures are currently being used on a voluntary basis as traffic,
weather and airspace safety and efficiency permit. This disapproval
does not prohibit the sponsor from implementing this voluntary
procedure.
3. Runway 14 Preferred in Calm Wind
Runway 14 is preferred for calm wind operation (until construction
of the new runway 9L/27R) (Sponsor supplemental letter dated May 15,
2006; NCP, page ES-2, NCP Recommendations; pages 136-138 and Table
11.8, analysis of the measure; Figure 11.9 and Table 11.9, page 165,
Estimated Population and Sensitive Receptors for 2005 DNL
Alternatives).
FAA Action: Approved on a voluntary basis during clam winds as
traffic, weather, and airspace safety and efficiency permit. The NCP
shows the preferred use of Runway 14 would reduce the population within
the DNL 60 dB impacted by nine people (Figure 11.9 and Table 11.9.).
4. New Runway 9L/27R Preferred for Flight Training to the Extent
Possible
During the five-year planning timeframe, FPR will construct a
parallel runway 9L-27R. This runway is designed to accommodate flight-
training aircraft, which are prevalent at FPR. (Sponsor supplemental
letter dated May 15, 2006; NCP, pages ES-2, NCP Recommendations; 160-
162, and page 165, Figures 11.18 and 11.20; and Table 11.15).
FAA Action: Approved on a voluntary basis as traffic, weather, and
airspace safety and efficiency permit. The FPR Air Traffic Control
Tower has stated that multiengine training would remain primarily on
the existing runway once the proposed parallel runway is constructed.
Capacity considerations could also affect the number of operations on
the new runway. Further, this measure must not be construed as a
mandatory procedure for noise abatement purposes. The FAA is not
responsible for monitoring or regulating the number/volume of
operations other than for safety and efficiency, nor is it responsible
for ``enforcing'' noise abatement/voluntary actions. The FPR ATCT will
select runways and
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procedures that maximize the efficiency of air traffic flow at all
times; noise abatement procedures are voluntary and may be used when
operating conditions permit. By shifting a portion of training
operations to this runway, an overall reduction in the number of
persons affected by noise would occur. Figures 5.10a and 5.10b
illustrate touch-and-go flight tracks would occur primarily over
airport property, thereby benefiting populations outside the 65 DNL
noise contour by reducing over flights over those noise sensitive
areas.
5. Jet Aircraft Use ``Close-in'' Noise Abatement Departure Profile
Recommend the voluntary use of ``close-in'' noise abatement
departure profiles for use by jet aircraft operators on all runways.
The existing FPR noise abatement program requests that jet pilot use
NBAA noise abatement departure profiles to minimize noise exposure in
residential areas immediately off the runway ends. (Sponsor
supplemental letter dated May 15, 2006; NCP, page ES-2, NCP
Recommendations; pages 141-142, Figure 11.17; and Table 11.12).
FAA Action: Approved as a continuation of a voluntary measures as
traffic, weather, and airspace safety and efficiency permit. The
referenced Figures and Tables in the NCP show a benefit on a single
event basis when this procedure is used. The decision on how to operate
each aircraft that uses St. Lucie County International Airport remains
with the pilot in command.
6. Study the Feasibility of a 1,500-foot Westward Shift of Runway 9R/
27R
The shift of Runway 9/27 to the west would alleviate over flight of
aircraft over residential neighborhoods. The analysis indicates there
would be a reduction of approximately 50 percent in the number of
currently affected persons in the 60-65 DNL contour intervals and the
elimination of all currently affected persons in the 65-70 DNL contour.
(Sponsor supplemental letter dated May 15, 2006; NCP, page ES-2, NCP
Recommendations; pages 162-163; and Table 11.16).
FAA Action: Approved for further study. The NCP recommends this
measure be further studied. Table 11.16 shows a reduction in DNL
impacts to 95 people and 3 sensitive receptors in the long-range
timeframe. If the study results in a final recommendation to shift the
runway 1,500 feet, it may not be implemented unless it meets all
applicable FAA criteria. These criteria include, but may not be limited
to, addressing the National Environmental Policy Act, 14 CFR part 150
study update criteria, applicable airspace and operational criteria,
and airport standards criteria. Federal funding assistance will be
based on availability of funds and justification at the time of
application.
Land Use Measures
1. Update County Airport Zoning Regulations
Consistent with Florida statute and with Florida DOT's District 4
recommendations, updated county regulations would include: Add 4 NM
airport notification; add school construction zones per Florida State
Chapter 333; publish noise zones at least three times a year; require
noise easements and/or sound insulation for new residential
construction within the DNL 60 dB noise contour. (Sponsor supplemental
letter dated May 15, 2006; NCP at page ES-2, NCP Recommendations; pages
182-184 and Table 12.2 at page 185; page 189; and page 194, Recommended
Land Use Compatibility Alternatives at section 12.6. Also see Figures
12.6, and 12.7.)
FAA Action: Approved. The Federal government has no authority to
control local land use; the local government has the authority to
implement this measure. Approval of this measure does not commit the
FAA to federal funding assistance.
2. Provide Ability to St. Lucie County to Purchase Land, Aviation
Easements, or Other Remedies to Minimize the Development of
Noncompatible Land Uses
This recommendation includes approval of remedial land use
recommendations so the County may acquire land relocate existing
residences within the current conditions (2005) DNL 60 dB notice
contour (see Table 10.2), or to alternately provide sound insulation or
noise easements for homes within that noise contour. (Sponsor
supplemental letter dated May 15, 2006; NCP, pages ES-2, Table 10.2 at
page 123, and page 194 section 12.6).
FAA Action: Disapproved for purposes of Part 150 with respect to
Airport Improvement Program (AIP) Funding. The areas proposed for
mitigation lie solely outside the DNL 65 dB noise contour. Section 189
of Public Law 108-176, Vision 100-Century of Aviation Reauthorization
Act, December 12, 2003 specifically prohibits FAA approval of Part 150
program measures that require AIP funding to mitigate aircraft noise
outside DNL 65 dB (through Fiscal Year 2007). section 189 does not
preclude the use of airport revenue outside DNL 65 dB. Also, the FAA
reminds the County of its policy that no structures built after October
1, 1998, are eligible for Federal funding for remedial mitigation (see
FAA policy at 63 FR 16409).
Implementation Measures
1. Pilot Education Program
St. Lucie County would publish noise abatement information to
enhance pilot participation. This is a continuation of an existing
measure. FPR has an established voluntary noise abatement program that
has been developed in close coordination with airport neighbors and
users. This program is published on the airport's Web site and
distributed to all tenants on the airport. In addition, publications
are distributed to all flight schools at other area airports to
familiarize them with FPR's noise abatement policies. (Sponsor
supplemental letter dated May 15, 2006; NCP, page ES-3, NCP
Recommendations; Section 12.7 of NCP, ``Implementation Related
Elements'' page 195).
FAA Action: Approved. Inserts or other information must not be
construed as mandatory air traffic procedures; the content of the
inserts are subject to specific approval by appropriate FAA officials
outside of the FAR Part 150 process and are not approved in advance by
this determination.
2. Community Information Program
St. Lucie County will publish noise contours at least three times a
year in a local paper of largest circulation and notify the board of
realtors. The pilot education program (IM-1, above) will effectively
reach the operators at FPR and will be structured to meet the needs of
pilots. This information must be translated into easy to understand
terminology and details for the general public. (Sponsor supplemental
letter dated May 15, 2006; NCP, pages ES-2 and ES-3, NCP
Recommendations, pages 182-184 and page 196)
FAA Action: Approved.
3. Routine review of NCP Implementation
This measure recommends that implementation of the NCP be received
periodically to determine the need for update. At a minimum, it is
recommended that the NEM be updated at the end of the five-year
forecast period. (Sponsor supplemental letter dated May 15, 2006; NCP,
pages ES-3, NCP Recommendations, and page 196).
FAA Action: Approved. An update to the NCP if made necessary be NEM
changes would address requirements of 150.23(e)(9). The FAA clarifies
herein
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the requirements of 150.21, as described in the NCP at pages ES-3 and
196. Section 150.21(d), as amended states that the NEM should be
updated if there is either a substantial new noncompatible use within
the DNL 65 dB contour, or if there is a significant reduction in noise
over existing noncompatible land uses [69 FR 57622, dated 9/24/04].
4. FAA ATCT Procedures Development
The NCP contains several measures that will be implemented by the
FAA and the local ATC staff. In order to document and formalize the
recommended touch and go procedures, it is recommended a tower order be
developed. Tower orders are typically implemented under a Memorandum of
Agreement (MOA) between the airport sponsor (St. Lucie County) and the
FAA. The sponsor will coordinate development of existing and
recommended procedures (listed at page 197) with ATCT controllers to
ensure continuity. Costs are not eligible for State or Federal funding.
(Sponsor supplemental letter date May 15, 2006; NCP, page ES-3, NCP
Recommendations, and page 196-197).
FAA Action: Approved in concept. Coordination between the sponsor
and FAA could help ensure continuity. Not all measures listed on page
197 are appropriate for inclusion in a tower order. Existing and
operational measures within the NCP and approved in this ROA, that
normally would be included in a tower order (for example, the touch and
go procedures and altitudes), may be appropriate for consideration. The
FAA will determine the appropriate elements of the noise compatibility
program to include in any tower order, and the language describing
them, consistent with applicable Federal requirements.
5. Traffic Pattern Notification Lights for Training Aircraft
St. Lucie International Airport is home to one of the largest
flight training schools in the Treasure Coast Region (see pages 182-
184), with over 81,000 training operations per year. In order to
minimize the repeated noise of training aircraft over residential areas
located directly east of the airport, a system of permanently mounted
lights is recommended to be installed along U.S. Highway 1 to act as a
further landmark for student pilots, if practical, to initiate their
downwind/upwind leg of the training operation when utilizing Runway 9/
27. (Sponsor supplemental letter dated May 15, 2006; NCP page ES-3, NCP
Recommendations, and page 197).
FAA Action: Disapproved. There is insufficient analysis of the
placement of lighting or the expected noise benefits. There are no FAA-
approved standard for traffic pattern notification lights.
6. Noise Office Staffing
St. Lucie County should continue to employ a noise office staff
person. The monitoring of nighttime operations, program education, and
compliance and complaint response are an integral part of the noise
program. Costs for this position are not eligible for FAA funding.
(Sponsor supplemental letter dated May 15, 2006; NCP, page ES-3, NCP
Recommendations; and page 198.)
FAA Action: Approved.
These determinations are set forth in detail in a Record of
Approval signed by the FAA on August 21, 2006. The Record of Approval,
as well as other evaluation materials and the documents comprising the
submittal, are available for review at the FAA office listed above and
at the administrative office of the St. Lucie County Board of County
Commissioners. The Record of Approval also will be available on-line at
https://www.faa.gov/arp/environmental/14cfr150/index14.cfm.
Issued in Orlando, Florida, on October 4, 2006.
W. Dean Stringer,
Manager, Orlando, Airports District Office.
[FR Doc. 06-8790 Filed 10-19-06; 8:45 am]
BILLING CODE 4910-13-M
