City of Naples Airport Authority

Resolution #2000-8

“ADOPTING A RESTRICTION ON STAGE 2 JET OPERATIONS AT THE NAPLES MUNICIPAL AIRPORT”


WHEREAS, City of Naples Airport Authority (“NAA”) is a body politic and corporate created by The City of Naples Airport Authority Act, as amended (“Act”); and

WHEREAS, NAA was created for the purpose of operating and maintaining the facilities of the Naples Municipal Airport (“APF”); and

WHEREAS, Section 4 of the Act authorizes and empowers NAA to operate the Airport and do all acts necessary to carry out such power; and

WHEREAS, NAA is concerned about the impact of airport and aircraft noise on the surrounding community; and

WHEREAS, NAA has engaged in a program to promote land use compatibility in the vicinity of APF in accordance with Federal Aviation Regulations Part 150 (“FAR Part 150”) and consistent with policies and standards set forth in local laws; and

WHEREAS, NAA has undertaken numerous measures to reduce noise exposure within the surrounding community and to promote land use compatibility, including the imposition of a 24-hour ban on all aircraft certificated as Stage 1; and

WHEREAS, NAA has determined that it has implemented all reasonable noise abatement and mitigation measures to achieve land use compatibility; and

WHEREAS, NAA has determined that it must consider and pursue the imposition of a noise or access restriction at APF pursuant to the Airport Noise and Capacity Act of 1990 and its implementing regulations (“FAR Part 161”); and

WHEREAS, by Resolution No. 2000-7, adopted on June 22, 2000, NAA invited public comment on and provided notice of a proposed restriction on operations by Stage 2 aircraft at APF; and

WHEREAS, Resolution No. 2000-7 set forth the text of the proposed restriction on operations by Stage 2 aircraft at APF; and

WHEREAS, NAA finds that the parties listed in Attachment #1 to this Resolution have been provided notice of the proposed restriction; and

WHEREAS, NAA finds that public notice or advertisement of the proposed restriction was provided as described in Attachment #2 to this Resolution; and

WHEREAS, NAA sought public comments on the proposed restriction beginning on or before June 30, 2000 and ending on August 21, 2000, a period in excess of 45 days; and

WHEREAS, NAA maintained a public docket of all comments submitted, reviewed carefully each comment submitted and, while not required by FAR Part 161, prepared a comprehensive response to all comments submitted; and

WHEREAS, NAA instructed its staff to accept comments after August 21, 2000 and review and respond to such comments to the extent practical; and

WHEREAS, NAA finds that notice and comment procedures with regard to the proposed restriction have complied fully with the provisions of Resolution No. 2000-7 and with both the letter and the spirit of FAR Part 161; and

WHEREAS, NAA has reviewed fully the FAR Part 161 Study and concurs in its findings and recommendations and adopts the FAR Part 161 Study as part of the basis for this Resolution; and

WHEREAS, the effective date of the restriction adopted in this Resolution is at least 180 days after notice was provided as required by FAR Part 161 and set forth in Attachment #1 and Attachment #2 to this Resolution; and

WHEREAS, the FAR Part 161 Study includes separate analysis on the costs and benefits of the proposed restriction with respect to the operations of Stage 2 aircraft weighing less than 75,000 pounds as required by FAR Part 161; and

WHEREAS, based upon review of the entire record in this matter, including the FAR Part 161 Study, all public comments and all other materials in the record, NAA finds that the proposed restriction is reasonable, non-arbitrary and nondiscriminatory; and

WHEREAS, based upon review of the entire record in this matter, including the FAR Part 161 Study, all public comments and all other materials in the record, NAA finds that the proposed restriction would not place an undue burden on interstate or foreign commerce; and

WHEREAS, based upon review of the entire record in this matter, including the FAR Part 161 Study, all public comments and all other materials in the record, NAA finds that the proposed restriction would maintain safe and efficient use of navigable airspace; and

WHEREAS, based upon review of the entire record in this matter, including the FAR Part 161 Study, all public comments and all other materials in the record, NAA finds, upon advice of counsel, that the proposed restriction does not conflict with any existing federal statute or regulation; and

WHEREAS, based upon review of the entire record in this matter, including all public comments and all other materials in the record, NAA finds that no substantial change in the restriction or analysis is warranted from the proposal set forth in the notices already provided; and

WHEREAS, the comprehensive response to comments does not constitute a substantial change in the analysis of the proposed restriction; and

WHEREAS, NAA is not required by FAR Part 161 to provide any additional notice or public comment period; and

WHEREAS, NAA finds that it has provided adequate opportunity for public comment on the proposed restriction; and

WHEREAS, based upon review of the entire record in this matter, including the FAR Part 161 Study, all public comments and all other materials in the record, the NAA finds that the proposed restriction does not create an undue burden on the national aviation system; and

WHEREAS, NAA finds that it is reasonable to differentiate between Stage 2 and Stage 3 aircraft by imposing a restriction only on Stage 2 aircraft because of the federally-recognized differences in noise emitted by Stage 2 and 3 aircraft, the large contribution made by Stage 2 aircraft operations to cumulative noise in areas surrounding APF, and the corresponding, large number of complaints concerning Stage 2 aircraft operations in relation to the low number of Stage 2 aircraft operations at APF; and

WHEREAS, NAA finds that the proposed restriction would significantly reduce incompatible land use, promote local land use compatibility goals as established by the applicable local governments, and alleviate the impacts to the surrounding community resulting from airport and aircraft operations; and

WHEREAS, NAA finds that the costs of the proposed restriction would not be excessive because of the availability of technology to achieve compliance with the proposed restriction, the proximity of airports within a short distance that could accommodate any and all diverted aircraft, and the provision of the proposed restriction allowing a temporary waiver from compliance with the restriction; and

WHEREAS, NAA finds that the benefits to the surrounding community of the proposed restriction are greater than the costs to airport users; and

WHEREAS, the proposed restriction would continue to exempt emergency and air ambulance operations consistent with existing NAA practice,

NOW, THEREFORE, be it RESOLVED by City of Naples Airport Authority:

1. That the Airport Rules and Regulations hereby are amended as provided in Attachment #3 and Attachment #4 to this Resolution for the purpose of imposing a 24-hour ban on operations by all Stage 2 aircraft.

2. That the effective date of the ban on Stage 2 aircraft shall be January 1, 2001.

3. That it is declared to be the intent of NAA that if any provision of this Resolution is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining provisions.

4. That this Resolution shall take effect at 12:01 a.m. on November 17, 2000.

PASSED AND DULY ADOPTED this 16th day of November 2000.

ATTEST:                                                        

 

CITY OF NAPLES

AIRPORT AUTHORITY

 

 

______________________________                        ______________________________

Theodore D. Soliday                                                 Ronald M. Pennington

Executive Director                                                            Chairman

 

 

Approved as to Form and
Legal Sufficiency

 

______________________________

NAA Legal Counsel




Attachment #3

AMENDMENT to Airport Rules and Regulations

Naples Municipal Airport

EFFECTIVE DATE: 1 January 2001


Section 5. Aeronautical Activities

5.01 General Rules

h.    Pursuant to Federal guidelines established in FAA Order 5190.6A Paragraph 4-6 (c.) (2) Page 15, that states an airport sponsor must limit aircraft operations to preclude overstressing the pavement in order not to jeopardize future FAA funding, and in accordance with Authority guidelines and State law, aircraft exceeding 75,000 pounds maximum gross weight dual gear as indicated on the aircraft operating certificate issued by the aircraft manufacturer are prohibited from operating at the Naples Municipal Airport (Airport Regulation enacted 4-18-97)


5.06 Noise Abatement Limitations

A.    Preface

1.    Pursuant to the Aircraft Noise Abatement Act of 1968, Congress gave the Federal Aviation Administration (FAA) responsibility to promulgate such regulations as the FAA may find necessary to provide for the control and abatement of aircraft noise. In 1969, the FAA promulgated Federal Aviation Regulation Part 36, Noise Standards for Aircraft Type and Airworthiness Certification, Title 14, Part 36, Code of Federal Regulations (“Part 36”).

2.    Part 36 prescribes noise measurement, noise evaluation, and noise level requirements (1) for the issuance of type certificates, and changes to those certificates, for subsonic transport category aircraft and for subsonic jet-powered aircraft regardless of category; (2) denotes three stages of aircraft noise levels (FAR Part 36.1), to wit:  Stage 1, Stage 2 and Stage 3 effective noise levels for takeoff, sideline and approach; (3) prescribes definitions for classifying all fixed-wing aircraft under a certain stage; and (4) relates to all applicants for new type certificates. applied for on or after November 5, 1975, to comply with Stage 3 noise limits.  (Proposed to clean up inaccurate reference effective 01-01-01)

3.    Pursuant to such legislation and subsequent federal legislation of 1990, airport proprietors have retained the power to promulgate reasonable, non-arbitrary, and non-discriminatory regulations to establish acceptable noise levels at the airport and its immediate environs, provided that such restrictions on airport use are reasonable and non-arbitrary and do not constitute an undue burden on interstate commerce.

B.    The City of Naples Airport Authority being aware of, and having considered the above information directs all aircraft owners, operators and lessees to comply with the following regulations unless subject to the exceptions set forth in Section 10.4.

1.    Stage 1 aircraft prohibited. (Airport Regulation enacted March 3, 1999)

2.    Maintenance run-ups are prohibited between the hours of 10:00 PM and 7:00 AM (Airport Regulation 5.03 h. enacted 7-1-76 and amended 5-15-96)

3.    All aircraft certificated as meeting Stage 2 noise limits identified in 14 C.F.R. Part 36, App. C Subsection 36.5, as the same may be amended in the future, are prohibited. (Proposed regulation effective 01-01-01)

C. The Authority has adopted the following voluntary measures in accordance with the FAR Part 150 Study:

1.     All persons operating turbo-jet aircraft within the Naples Airport Traffic Area shall familiarize themselves with the National Business Aircraft Association (NBAA) noise abatement operating procedures available at the General Aviation Terminal or from NBAA. The Authority requests that these procedures or similar noise abatement procedures be utilized to the maximum extent practicable when operating to or from the Naples Municipal Airport.

2.    Voluntary cessation of flight operations by Stage II and III Class Stage 3 Jet Aircraft from 10:00 PM to 7:00 AM (Revised from Airport Regulation enacted 5-15-96 and proposed amendment 01-01-01).

3.    Helicopter Operators are requested voluntarily to use preferred helicopter arrival and departure routes. (Revised from Airport Regulation enacted 5-15-96).




Attachment #4

AMENDMENT to Airport Rules and Regulations

Naples Municipal Airport

EFFECTIVE DATE: 1 January 2001


Section 10. Penalties

10.1     All penalties prescribed for the penal offenses and miscellaneous provisions as contained in the City of Naples Code of Ordinances, and as the same, may be amended, deleted, or added to, shall be in full force and effect at the Airport with respect to the violation of the said penal offenses and miscellaneous provision and in violation to these Rules and Regulations.  (Airport Rule and Regulation Adopted 7-1-76)

10.2 In addition to the penalties otherwise provided by municipal, state and federal law, any person operating or handling any aircraft or vehicle in violation of these Rules and Regulations, may be deprived of further use of the Airport and its facilities for such length of time as the Executive Director or his designee may determine, except that a violation of Section 5.01 (h) or Section 5.06 B, will be enforced in accordance with Section 10.3, 10.6 C and 10.6D. (Airport Rule and Regulation Adopted 7-1-76 and amended)

10.3 Violations of Section 5.01(h) and Section 5.06B of the Airport Rules and Regulations shall be punishable by a fine not to exceed $500 for each offense.

10.4 Exemptions

The following categories of aircraft shall be exempt from the provisions of Sections 5.01 (h), 5.06 B and 5.06 C of the Airport Rules and Regulations.

A.    Aircraft operated by the United States of American or the State of Florida

B.    Law enforcement, emergency, fire or rescue aircraft operated by any county, city or state or other governmental agency.

C.    Any aircraft operated for bona fide emergency purposes, such as Lifeguard Flights as defined in the Federal Aviation Regulations. Such operator shall notify the Director of Operations of the emergency before conducting the operation, if at all possible, and shall in all cases complete and submit a form furnished by the Airport Authority stating the details of such emergency, not later than 48 hours after the operation is conducted. All persons conducting any operation under this exception shall operate under the guidelines of Federal Aviation Regulations and shall make available to the Executive Director, upon reasonable request all records and documentation relating thereto.


10.5 Enforcement Officials

A.    The City of Naples Airport Authority, as operator of the City of Naples Municipal Airport, through Section 15 of Chapter 69-1326, Laws of Florida (the Naples Airport Authority Act), provides that the rules and regulations of the airport will be enforced as City Ordinances.

B.    The City of Naples Airport Authority, as operator of the Naples Municipal Airport, through the City of Naples Police and Emergency Services Department, will enforce the provisions of this section for penalties and fines pursuant to Florida Statute 775.082 or 775.083. Violations shall be prosecuted in County Court.

C.    Additionally, the Executive Director or designee, is hereby authorized to oversee any and all notices of violation proceedings pursuant to Sections 10.06 of the Airport Rules and Regulations.


10.6 Enforcement Proceedings

A.    Administrative

The Executive Director is hereby authorized to issue a notice of violation to any aircraft owner, operator, or lessee, if known, or any other appropriate person for any violation of the Rules and Regulations.

B.    Notice of Violation

1.    A notice of violation shall include a citation of the rule or regulation violated, the time and date of the violation, the type and registration number of the aircraft, the name of the aircraft owner, the pilot, if known, and any other pertinent information.

2.    A notice of violation shall be either hand-delivered or sent by certified mail to the aircraft owner and/or the aircraft operator, if known, within 30 days of the date of violation.

C.    Denial of Use

In the event that any aircraft owner or operator has two or more violations of Section 5.01(h) or 5.06 B within any three-year period, then for a period of one year after the date of the second violation, the aircraft owner or operator may be denied the right to land or take off from the Naples Municipal Airport, except in a bona fide emergency situation.

In the alternative, and at the option of the Airport Authority, any tenant whose violation, of the mandatory provisions of these rules and regulations constitutes a default under any applicable lease, shall be subject to the landlord’s remedies as set forth in the applicable lease and in Chapter 83 of the Florida Statutes.

D.    Revocation of Permits, Leases, and Licenses

Any person or entity having a permit, lease, license, or franchise with the Naples Airport Authority, who violates any provision of Section 5.01 (h) or 5.06 B shall to the extent permitted by law, have the permit, lease, license or franchise, subject to revocation.

E.    Appeals

Any person or entity who has been denied use of the Naples Municipal Airport pursuant to Section 10.6 C, or whose permit, lease, or license has been revoked pursuant to Section 10.6D, shall be entitled to appeal to the Executive Director by delivering written notice of appeal to the office of the Executive Director within 10 days of notification that use has been denied or the permit, lease, or license revoked, and may appeal an adverse decision by the Executive Director to the City of Naples Airport Authority by delivery of written notice to the Executive Director within 10 days of the decision by the Executive Director.

1.    The Airport Authority shall conduct a hearing within 30 days of the Notice of Appeal and shall announce its decision promptly at the conclusion of the hearing.

2.    All parties shall have an opportunity to respond, to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, and to submit proposed findings of facts and conclusions of law.

3.    Hearsay evidence may be used for the purpose for supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

4.    The Chairman shall complete and submit to the Authority and all parties, an order consisting of findings of fact and conclusion of law, and the written order shall be consistent with the findings announced by the Authority at the conclusion of the hearing. The decision of the Authority shall be final, and subject to appellate review by the Circuit Court.


10.7 Waivers from Stage 2 Restriction

An aircraft operator may apply to the City of Naples Airport Authority for a temporary waiver from the paragraph 5.06 B.3 prohibition on Stage 2 aircraft operations, subject to the following provisions:

A.    No waiver for Stage 2 operations shall apply for a period exceeding six months.

B.    No waiver for Stage 2 operations shall extend beyond December 31, 2001.

C.    An operator must file an application for a temporary waiver and receive the NAA’s approval in advance of the operation of a Stage 2 aircraft at the airport. D.    An application for a temporary waiver must provide documentation demonstrating that the operator has committed to either:

1.    retrofitting the aircraft to be recertificated as FAR Part 36 Stage 3 within the waiver period; or

2.    replacing the aircraft with a Stage 3 aircraft within the waiver period.

E.    Potentially acceptable documentation includes, but is not limited to, materials such as executed contracts, letters of intent, evidence of deposits, or other similar items or combinations of items demonstrating commitments to obtain FAA-certified aircraft modifications or purchase of replacement aircraft or otherwise showing the applicant’s good faith attempt to comply with section 5.06B and inability to comply in a timely manner with such paragraph because of circumstances over which the applicant does not exercise control.

F.    The Board will act on the recommendations from the Executive Director and approve a temporary waiver upon finding that (1) the applicant has in good faith attempted to comply with section 5.06 B 3, or (2) that enforcement of section 5.06 B 3 as to the applicant and the applicable aircraft would be an undue hardship on the applicant or (3) enforcement of section 5.06B 3 as to the applicant and the applicable aircraft would unduly burden interstate commerce. The Board’s findings shall be final and binding. The Executive Director or the Board may request such additional documentation as the Executive Director or Board deems necessary to review an application fully. The Executive Director shall provide the applicant with the Board’s written approval or disapproval of the waiver application.