Approval of Noise Compatibility Program, Central Florida Regional Airport, Sanford, FL

Federal RegisterNov 23, 1994

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Approval of Noise Compatibility Program, Central Florida Regional

Airport, Sanford, 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 Sanford

Airport Authority 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 September 16, 1993, the FAA determined that the noise

exposure maps submitted by the Sanford Airport Authority under Part 150

were in compliance with applicable requirements. On April 19, 1994, the

FAA determined that the revised future noise exposure map was in

compliance with applicable requirements. On October 14, 1994, the

Administrator approved the Central Florida Regional Airport noise

compatibility program. Twelve (12) recommendations of the program were

approved and one (1) recommendation was partially approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the Central

Florida Regional Airport noise compatibility program is October 14,

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 the Central

Florida Regional Airport, effective October 14, 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 compatability program developed in accordance

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

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

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

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

150 program recommendations is measured according to the standards

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

determinations:

a. The noise compatibility program was developed in accordance with

the provisions and procedures of FAR Part 150;

b. Program measures are reasonably consistent with achieving the

goals of reducing existing noncompatible land uses around the airport

and preventing the introduction of additional noncompatible land uses;

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

or foreign commerce, unjustly discriminate against types or classes of

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

intrude into areas preempted by the Federal Government; and

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

implemented within the period covered by the program without derogating

safety, adversely affecting the efficient use and management of the

navigable airspace and air traffic control systems, or adversely

affecting other powers and responsibilities of the Administrator

prescribed by law.

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

noise compatibility program are delineated in FAR Part 150, Section

150.5. Approval is not a determination concerning the acceptability of

land uses under Federal, state, or local law. Approval does not by

itself constitute an FAA implementing action. A request for Federal

action or approval to implement specific noise compatibility measures

may be required, and an FAA decision on the request may require an

environmental assessment of the proposed action. Approval does not

constitute a commitment by the FAA to financially assist in the

implementation of the program nor a determination that all measures

covered by the program are eligible for grant-in-aid funding from the

FAA. Where Federal funding is sought, requests for project grants must

be submitted to the FAA Airports District Office in Orlando, Florida.

The Sanford Airport Authority submitted to the FAA on September 13,

1993, the noise exposure maps, descriptions, and other documentation

produced during the noise compatibility planning study conducted from

September 4, 1992, through April 11, 1994. The Central Florida Regional

Airport noise exposure maps were determined by FAA to be in compliance

with applicable requirements on September 16, 1993. A revised future

noise exposure map was submitted to the FAA on March 8, 1994. The

revised future noise exposure map was determined by FAA to be in

compliance with applicable requirements on April 19, 1994. Notice of

these determinations was published in the Federal Register.

The Central Florida Regional 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 April 19, 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 thirteen (13) 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 October 14,

1994.

Outright approval was granted for twelve (12) of the specific

program elements. One (1) program element for property acquisition was

partially approved. Property acquisition associated with incompatible

land uses was approved and property acquisition associated with

compatible uses was disapproved. The approval action was for the

following program elements:

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Measure and description NCP pages

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Operational Controls

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1. Backcourse Non-Precision Approach on Runway 27R. It is recommended Pgs. VI-7 to VI-10 and Table 8.

that a backcourse non-precision approach procedure be established on

Runway 27R and that a voluntary flight procedure be established to

maximize the use of an approach from the east by high performance

aircraft when weather conditions permit during nightime hours (10

p.m.--7 am). Property east of the airport is mostly undeveloped

whereas property west of the airport is mostly developed and this

measure can be accomplished without new equipment being installed.

FAA Action: Approved. Use of this voluntary flight procedure is

subject to the authority of the pilot-in-command

2. GPS Approach on Runway 27R. It is recommended that when GPS Pgs. VI-7 to VI-11 and Table 8.

equipment is available, a GPS non-precision approach procedure be

established on Runway 27R. Once criteria for precision approaches is

developed, it is recommended that a GPS precision approach procedure

be established to Runway 27R. This will allow maximum use of an

approach from the east over mostly undeveloped property. FAA Action:

Approved. Use of these voluntary procedures is subject to the

authority of the pilot-in-command

3. Modification of Touch-and-Go Training Routes. It is recommended Pgs. VI-11 and VI-12, Exhibit 14A and

that the touch-and-go training routes be modified to minimize Table 8.

flyovers of existing elementary schools and residential areas. This

would be implemented through letters to flight schools operating at

the airport. FAA Action: Approved as a voluntary measure. The draft

letter to flight schools shown as Appendix XI in the NCP should be

modified to reflect the voluntary nature of the proposed changes in

the traffic pattern

4. Preferential Runway System. When the backcourse and GPS approach Pgs. VI-12, VI-13 and Table 8.

procedures on Runway 27R are operable, it is recommended that during

nighttime hours (10 p.m.--7 am), operations east of the airport be

maximized when weather and traffic conditions permit. This will

reduce the number of nighttime flyovers for communities located west

of the airport. Property east of the airport is mostly undeveloped.

FAA Action: Approved as a voluntary measure

5. Federal Noise Controls on High Performance Aircraft Engines. It is Pgs. VI-13 and Table 8.

recommended that the phase out schedule for Stage 2 aircraft above

75,000 pounds through December 31, 1999, required by FAR Part 91 be

supported. No further controls on aircraft specifically related to

Central Florida Regional Airport are recommended. FAA Action:

Approved as an expression of airport operator support for the

Federal transition schedule

6. Community Coordination Forum. The Airport Authority will establish Pgs. VI-14 and Table 8.

a plan for information exchange between the Airport Authority, the

City of Sanford and Seminole County to give the Airport the

opportunity to review potential land use decisions and to express

its views over potential incompatible development in the vicinity of

the airport. FAA Action: Approved

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Land Use Controls

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1. Comprehensive Plan Modifications. It is recommended that the next Pg. VII-11 and Table 9.

updates of the Seminole County and City of Sanford Comprehensive

Plans reflect the land use modifications recommended in the Part 150

Noise Compatibility Program. FAA Action: Approved

2. Land Use and Zoning. Within areas east and south of the airport it Pgs. VII-6 and VII-7, Exhibit 16 and

is recommended that proposed land use and zoning be modified to Table 9.

reflect noise compatible land uses and that the area southeast of

the airport be developed with uses compatible with Airport activity.

FAA Action: Approved

3. Avigation Easements. It is recommended that avigation easements Pg. VII-1, VII-7, VIII-5 and 6, Map C,

for the right of flight and noise exposure be required as part of and Table 9.

any new site plan or subdivision approval within the 55 DNL contour.

FAA Action: Approved. Section VIII of the NCP indicates that this no

cost, preventive measure identifies the DNL 55dB contour for

purposes of future land use planning. This is within the authority

of the local land use jurisdictions

4. Airport Notification. It is recommended that the Airport be Pgs. VII-7 and Table 9.

notified by local governments of applications and hearing dates for

changes in land use or zoning within the flight corridor area. This

will allow the Airport to provide input on these requests. FAA

Action: Approved

5. Vegetative Buffers. It is recommended that a vegetative buffer Pgs. VII-7 and VII-8, Exhibit 16A, and

with a minimum depth of 100 feet be planted along the periphery of Table 9.

the airport adjacent to abutting incompatible uses where FAR Part 77

requirements will allow. When the growth is mature, a 3-5 dBA

reduction in peak (Lmax) noise would be anticipated. FAA Action:

Approved

6. Earth Berms. It is recommended that earth berms (15-20 feet high Pg. VII-8, Exhibit 16A, and Table 9.

or more) be constructed along the periphery of the airport adjacent

to abutting incompatible land uses when soil material is available

from other activities at the Airport and FAR Part 77 requirements

will allow. Depending on the availability of fill material, a

combination of berms and vegetative buffers could occur. An

immediate reduction of about 5 dBA in peak noise levels (Lmax) would

be provided. FAA Action: Approved

7. Property Acquisition. It is recommended that the Sanford Airport Pgs. VII-8 to VII-11, Exhibit 15, Map C,

Authority, subject to available funding from either the State of and Table 9.

Florida or the FAA, purchase off-Airport lands within 65 DNL. This

property currently includes both zoning for compatible and non-

compatible development. Property acquisition would be through

negotiation with the property owner, condemnation, or the

development of a purchase assurance program where the Airport would

agree to acquire properties at fair market value from a property

owner who wishes to sell. Any homes that are acquired will be

removed. Land acquisition and relocation of residents by negotiation

or condemnation are governed by regulations issued under the

provisions of the Uniform Relocation Assistance Act (49 CFR Part

24). Properties acquired through the purchase assurance option will

involve acquisition at fair market value only. Acquired noise land

will either be retained for aviation use or resold for a compatible

use. Net proceeds from the resale of noise land acquired with AIP

noise funds will be reimbursed to FAA or applied to other eligible

noise reduction projects. FAA Action: Approved in part. Approval

with respect to the acquisition of property and other measures

associated with incompatible land uses within the 65 DNL noise

contour. Disapproved with respect to the acquisition of other

property and other measures associated with compatible uses (i.e.,

industrial property within the 65 DNL contour). Local governments

retain the right to acquire compatible property outside of the Part

150 program

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These determinations are set forth in detail in a Record of

Approval endorsed by the Administrator on October 14, 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 Sanford Airport

Authority.

Issued in Orlando, Florida on November 9, 1994.

Charles E. Blair,

Manager, Orlando Airports District Office.

[FR Doc. 94-28920 Filed 11-22-94; 8:45 am]

BILLING CODE 4910-13-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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