Approval of Noise Compatibility Program; Kissimmee Municipal Airport, Kissimmee, FL

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Approval of Noise Compatibility Program; Kissimmee Municipal

Airport, Kissimmee, FL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its

findings on the noise compatibility program submitted by the City of

Kissimmee under the provisions of title I of the Aviation Safety and

Noise Abatement Act of 1979 (Public Law 96-193) and 14 CFR Part 150.

These findings are made in recognition of the description of Federal

and nonfederal responsibilities in Senate Report No. 96-52 (1980). On

January 11, 1994, the FAA determined that the noise exposure maps

submitted by the City of Kissimmee under Part 150 were in compliance

with applicable requirements. On July 8, 1994, the Administrator

approved the Kissimmee Municipal 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

Kissimmee Municipal Airport noise compatibility program is July 8,

1994.

FOR FURTHER INFORMATION CONTACT:

Tommy J. Pickering, P.E., Federal Aviation Administration, Orlando

Airports District Office, 9677 Tradeport Drive, suite 130, Orlando,

Florida 32827-3596, (407) 648-6583. 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 Kissimmee

Municipal Airport, effective July 8, 1994.

Under section 104(a) of the Aviation Safety and Noise Abatement Act

(ASNA) OF 1979 (hereinafter referred to as ``the Act''), an airport

operator who has previously submitted a noise exposure map may submit

to the FAA a noise compatibility program which sets forth the measures

taken or proposed by the airport operator for the reduction of existing

noncompatible land uses and prevention of additional noncompatible land

uses within the area covered by the noise exposure maps. The Act

requires such programs to be developed in consultation with interested

and affected parties including local communities, government agencies,

airport users, and FAA personnel.

Each airport noise compatibility program developed in accordance

with Federal Aviation Regulations (FAR) Part 150 is a local program,

not a Federal program. The FAA does not substitute its judgment for

that of the airport proprietor with respect to which measure should be

recommended for action. The FAA's approval or disapproval of FAR Part

150 program recommendations is measured according to the standards

expressed in Part 150 and the Act, and is limited to the following

determinations:

a. The noise compatibility program was developed in accordance with

the provisions and procedures of FAR Part 150;

b. Program measures are reasonably consistent with achieving the

goals of reducing existing noncompatible land uses around the airport

and preventing the introduction of additional noncompatible land uses;

c. Program measures would not create an undue burden on interstate

or foreign commerce, unjustly discriminate against types or classes of

aeronautical users, violate the terms of airport grant agreements, or

intrude into areas preempted by the Federal Government; and

d. Program measures relating to the use of flight procedures can be

implemented within the period covered by the program without derogating

safety, adversely affecting the efficient use and management of the

navigable airspace and air traffic control systems, or adversely

affecting other powers and responsibilities of the Administrator

prescribed by law.

Specific limitations with respect to FAA's approval of an airport

nose 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 Kissimmee submitted to the FAA on December 2, 1993, the

noise exposure maps, descriptions, and other documentation produced

during the noise compatibility planning study conducted from July 1,

1991, through November 29, 1993. The Kissimmee Municipal Airport noise

exposure maps were determined by FAA to be in compliance with

applicable requirements on January 11, 1994. Notice of this

determination was published in the Federal Register on January 28,

1994.

The Kissimmee Municipal Airport study contains a proposed noise

compatibility program comprised of actions designed for phased

implementation by airport management and adjacent jurisdictions from

the date of study completion to the year 1998. It was requested that

FAA evaluate and approve this material as a noise compatibility program

as described in Section 104(b) of the Act. The FAA began its review of

the program on January 11, 1994, and was required by a provision of the

Act to approve or disapprove the program within 180 days (other than

the use of new flight procedures for noise control). Failure to approve

or disapprove such program within the 180-day period shall be deemed to

be an approval of such program.

The submitted program contained nineteen (19) proposed actions for

noise mitigation on and off the airport. The FAA completed its review

and determined that the procedural and substantive requirements of the

Act and FAR Part 150 have been satisfied. The overall program,

therefore, was approved by the Administrator effective July 8, 1994.

Outright approval was granted for seventeen (17) of the specific

program elements. One (1) proposed action element was approved in part

and one (1) proposed action element was disapproved for purposes of

Part 150 pending submission of sufficient information to make an

informed analysis under Part 150 criteria. The approval action was for

the following program elements:

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Measure Description NCP pages

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Operational Measures

OC1....... The airport director will work Pgs. 5-10 and 6-1, and

with the airship (blimp) Table 6-1.

operators to develop takeoff/

landing flight track procedures

to avoid adjacent noise

sensitive areas during periods

of heavy airship traffic at the

airport. The procedures will

develop flight plans for each

airship operator to use a

takeoff and landing direction

toward the middle of the

airport where Runways 15-33 and

6-24 intersect and will

consider current overall demand

and weather conditions at the

airport. FAA Action:

Disapproved for purposes of

Part 150 pending the submission

of sufficient information to

make an informed analysis under

Part 150 criteria. The NCP

includes no information on the

noise impacts of the blimps or

on noise benefits of the

proposed measure. The airport

may either submit sufficient

information for a Part 150

approval or may implement the

proposed procedures for

operational reasons provided

that the procedures meet

established guidelines under

FAR Part 91.

OC2....... All turbojet and turboprop Pgs. 5-9, 5-10, and 6-2;

aircraft operators will be Table 6-1; and Appendices

requested to use the NBAA G and I.

arrival and close-in departure

procedures. The operators of

turbojet-powered aircraft which

have a maximum certificated

takeoff weight over 75,000

pounds will be requested to use

the FAR Part 91.87 standard

noise abatement departure

profiles. FAA Action: Approved

in part. The use of the NBAA

procedures for turbojet and

turboprop aircraft less than

75,000 pounds Gross Takeoff

Weight is approved as a

voluntary measure. Subsequent

to the preparation of this NCP,

FAR Part 91 was recodified and

Advisory Circular 91-53A

outlining Noise abatement

procedures for large aircraft

was issued. Since there has

been a change in guidance not

contemplated by the NCP, the

measure suggesting use of

specific departure procedures

for large aircraft is

disapproved pending receipt of

additional information

specifying the procedure to be

used and describing its noise

benefits.

OC3....... Voluntary preferential flight Pgs. 5-11, 5-12, 6-2, and

track procedures are proposed 6-3; Exhibit 5-8, and

for implementation at the Table 6-1.

airport as follows: Turbo-jet

and turbo-prop aircraft

departing Runway 15 will be

requested to maintain runway

heading as long as possible

while climbing and to initiate

a turn to any heading only

after reaching an altitude of

1,300 feet MSL or reaching a

point along the extended

centerline past the

intersection of Route 17-92 and

just before the west shoreline

of Lake Tohopekaliga (which is

further defined as the

intersection of the extended

runway centerline and the 175

deg. radial from the Orlando

VOR). VFR traffic remaining in

the airport's standard traffic

patterns should maintain runway

heading upon departure until

reaching an altitude of 700

feet AGL. IFR traffic taking

off from Runway 33 will fly the

extended runway centerline

until reaching an altitude of

500 feet AGL. At that time the

aircraft may be turned to an on-

course or a typical westerly

heading depending upon local

traffic conditions and the

aircraft's destination.

Typically aircraft departing

Runway 33 will not go north or

east because of conflicts with

MCO. These measures will be

subject to traffic at the

airport, local traffic at

Kissimmee, and current weather

conditions. FAA Air Traffic

will approve and control use of

such procedures, and the City

of Kissimmee will publicize the

measures to pilots. FAA Action:

Approved as a voluntary measure.

Land Use Measures

PC1....... The City of Kissimmee and Pgs. 5-33, 5-34, and 6-3;

Osceola County both have and Table 6-2.

Comprehensive Plans that

address land use compatibility

in the vicinity of the airport

to some extent. It is

recommended that the

Comprehensive Plans be revised

to incorporate the Noise

Exposure Maps developed in this

Part 150 Noise Study. This will

be effective in reducing non-

compatible development in

vacant areas impacted by the

future DNL 65 dB noise exposure

contour. FAA Action: Approved.

This measure will be effective

in preventing the introduction

of new non-compatible

development.

PC2....... The City of Kissimmee has an Pgs. 5-34 to 5-36, and 6-

ordinance which establishes 3; Tables 4-4 and 6-2;

noise zones for Runway 15-33 and Appendix C.

based on aircraft noise levels.

This ordinance establishes land

use restrictions and sound

level requirements for

construction which are related

to the noise zones. It is

recommended that the noise zone

descriptions in the ordinance

be changed to conform with the

NEM. This will ensure that the

areas of applicability for

airport related noise control

measures are correctly defined.

FAA Action: Approved.

PC3....... Osceola County does not Pgs. 5-34 to 5-36, and 6-

currently have an airport noise 4; and Tables 4-4 and 6-

zoning ordinance. It is 2.

recommended that Osceola County

develop overlay zoning to

supplement the existing land

zoning. This would prevent non-

compatible development of

vacant areas in Osceola County

within the noise contours. FAA

Action: Approved.

PC4....... The City of Kissimmee Noise Pgs. 5-36, 5-37, and 6-4;

Ordinance has a real estate Table 6-2; and Appendices

sales disclosure provision C and D.

which requires that a

notification of potential noise

impacts be given to prospective

purchasers of residential

property located in noise Zones

B (DNL 70 to 75) and C (DNL 65

to 70). No residential

development is allowed in noise

Zone A (DNL 75 and above). A

listing of property requiring

notification is maintained and

updated yearly. This ordinance

requires that a disclosure

statement be completed for the

sale of all residential

property located in a noise

Zone which is filed with the

property deed. This measure

recommends that the current

noise disclosure statement be

revised to include an

additional clause and that the

disclosure statement be made

available to all title

companies and real estate

agents in the Kissimmee area.

The measure also recommends

that the exact location of

affected properties be

coordinated with the Osceola

County Property Appraiser's

office and that the Osceola

County regulations be modified

to add a real estate sales

disclosure provision to a

County noise ordinance. This

measure will provide

notification of the possibility

of aircraft flyovers and

airport generated noise to

prospective purchasers of

residential property within the

DNL 65 noise contour. FAA

Action: Approved. The FAA

strongly discourages additional

residential development in

areas with noise exposure

levels greater than DNL 65dB.

PC5....... It is recommended that the Noise Pgs. 5-37 and 6-4; Exhibit

Exposure Maps (NEM) and other 4-5; Tables 4-4 and 6-2;

criteria that were developed in and Appendix C.

this Part 150 Noise Study be

adopted into the Kissimmee City

Code. It is also recommended

that Osceola County develop a

County noise ordinance

compatible with the City's

ordinance. This will provide

the City and County with the

latest NEM documentation for

determining compatible land

uses within the noise zones and

criteria for sound level

reduction requirements for

structures. FAA Action:

Approved. The FAA strongly

discourages the development of

additional noise sensitive uses

within the DNL 65dB contour

rather than allowing such uses

if sound attenuated. This is,

however, a matter within the

jurisdiction of the City and

County and if such development

is deemed necessary by those

bodies, the houses should be

sound attenuated during

construction.

PC6....... It is recommended that City and Pgs. 5-37 and 6-4; and

County subdivision regulations Table 10.

be modified to help ensure that

adequate disclosure of airport

generated noise is provided

where needed. FAA Action:

Approved.

PC7....... It is recommended that an Pgs. 5-38 and 6-4; and

interlocal agreement between Table 6-2.

the City of Kissimmee and

Osceola County providing that a

formal site plan review for

development within the DNL 65

noise contour be established.

This will provide the City and

Airport with an opportunity to

review and respond to the

potential compatibility of

proposed development in the

County with the operation and

future plans of the airport.

FAA Action: Approved.

PC8....... It is recommended that the City Pgs. 5-38, 5-39, 6-4, and

of Kissimmee and Osceola County 6-5; Table 6-2; and

adopt acoustical treatment Appendix C.

standards for new structures

within noise Zones of DNL 65

exposure and above, and that

these standards be included in

their local comprehensive

plans, local development codes,

and noise ordinances. This will

be effective in reducing

interior noise levels for all

new construction within the

noise zones where land uses

could not be re-zoned to more

compatible uses. FAA Action:

Approved. The FAA strongly

discourages the development of

additional noise sensitive uses

within the DNL 65dB contour

rather than allowing such uses

if sound attenuated. This is,

however, a matter within the

jurisdiction of the City and

County and if such development

is deemed necessary by those

bodies, the houses should be

sound attenuated during

construction.

PC9....... Subject to available funding, Pgs. 5-38, 5-39, 6-4, and

the City of Kissimmee, with the 6-5; and Table 6-2.

owner's consent, will purchase

vacant property located within

the DNL 65, 70, or 75 noise

contours that is expected to be

developed for non-compatible

use. Purchase will be

considered only if other

measures such as the purchase

of development rights or other

less costly methods will not be

effective in a particular case.

Acquired noise property will

either be retained for aviation

use as needed or resold for a

compatible use. FAA Action:

Approved, subject to an

evaluation at the time of

implementation that the

property is within the DNL 65

contour, and to a determination

that the property either has

been zoned incompatibly or is

in imminent danger of being

developed incompatibly unless

it is acquired by the airport

operator.

PC10...... Subject to available funding, Pgs. 5-37 and 6-9; and

the City of Kissimmee will Table 6-2.

purchase the development rights

of vacant property within the

DNL 65, 70, or 75 noise

contours which cannot be

purchased outright. This will

compensate property owners for

limiting proposed development

to compatible uses. FAA Action:

Approved.

PC11...... The City of Kissimmee will Pgs. 5-39 and 6-5; and

establish a noise committee Table 6-2.

with City and County residents

to monitor noise complaints and

provide a channel of

communication between the

public and the airport. FAA

Action: Approved.

PC12...... It is recommended that the City Pgs. 5-39, 5-40, and 6-5;

of Kissimmee and Osceola County Table 6-2; and Appendix

incorporate or reference R.

Florida Statute 333, Airport

Zoning Law of 1945, in their

respective comprehensive plans

and land development codes. The

power to adopt airport zoning

regulations is included in

section 333.03. FAA Action:

Approved.

RC1....... It is recommended that the City Pgs. 5-40 and 6-6; Exhibit

of Kissimmee, subject to 5-5; and Table 6-3.

available funding and with the

owner's consent, purchase

existing non-compatible

residential property. Acquired

noise property will either be

retained for aviation use as

needed or resold for a

compatible use. Net income from

the resale of property acquired

with AIP noise funds would be

returned to the AIP fund or

used to purchase other eligible

noise impacted lands. FAA

Action: Approved.

RC2....... It is recommended that a Pgs. 5-41 and 6-6; Exhibit

redevelopment program be 5-5; and Table 6-3.

established where the city of

Kissimmee would acquire

existing non-compatible

properties located within the

DNL 65 noise contour.

Structures would be demolished

or remodeled for a compatible

use, and the acquired land

would either remain the

property of the City or be

resold with avigation easements

attached to ensure long-term

compatibility. The cost of

demolition or removal of

structures would be deducted

from the income derived from

resale of the property. Net

income from the resale of

property acquired with AIP

noise funds would be returned

to the AIP fund or used to

purchase other eligible noise

impacted lands. FAA Action:

Approved. This approval does

not constitute any

determination with respect to

AIP eligibility. Parts of this

redevelopment program may be

ineligible for Federal funding,

as the airport operator

recognizes in the NCP.

RC3....... It is recommended that the City Pgs. 5-42 and 6-6; Exhibit

of Kissimmee or Osceola County, 5-5; and Table 6-3.

with consent of the owners,

purchase avigation easements to

be held by the City for

property located within the DNL

65, 70, or 75 noise contours if

the land acquisition and

redevelopment programs are not

possible. The easement may be

acquired in exchange for

acoustical treatment of an

existing structure. FAA Action:

Approved.

RC4....... It is recommended that, subject Pgs. 5-41, 5-42 and 6-6;

to available funding, the City Exhibit 5-5; Table 6-3;

of Kissimmee establish an and Appendix C.

acoustical treatment program to

consider all eligible existing

non-compatible buildings

located within the DNL 65 noise

contour where acquisition and

conversion to compatible use

cannot be accomplished.

Eligibility will be determined

by interior noise monitoring to

determine if the need for

acoustical treatment exists

under the City's Noise

Ordinance. Acoustical treatment

would be performed on a

priority basis with schools

first, single family homes

second, and multi-family homes

and apartment complexes third.

A structure within the DNL 70

noise contour would be treated

before a structure within the

DNL 65 but outside the DNL 70

noise contour. It is

recommended that specific

consideration be given to

Pleasant Hill Elementary School

and Osceola High School. FAA

Action: Approved. Further

specific consideration of

acoustical treatment for

Pleasant Hill Elementary school

and Osceola High School should

include consideration of the

location of the DNL 65 dB

contour and revised noise

zones. AIP funding may not be

available to fund projects

located in areas outside the

DNL 65 dB contour.

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These determinations are set forth in detail in a Record of

Approval endorsed by the Administrator on July 8, 1994. 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 offices of the City of

Kissimmee.

Issued in Orlando, Florida on July 25, 1994.

Charles E. Blair,

Manager, Orlando Airports District Office.

[FR Doc. 94-19789 Filed 8-11-94; 8:45 am]

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