# Approval of Noise Compatibility Program, Central Florida Regional Airport, Sanford, FL > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-28920 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** November 23, 1994 ## Text DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Approval of Noise Compatibility Program, Central Florida Regional Airport, Sanford, 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 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: ---------------------------------------------------------------------------------------------------------------- Measure and description NCP pages ---------------------------------------------------------------------------------------------------------------- Operational Controls ---------------------------------------------------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- Land Use Controls ---------------------------------------------------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-28920. Public record. Not legal advice.