Town to challenge FAA overflight decision
A ruling regarding the Record of Approval from the Federal Aviation Administration involving the Southwest Florida International Airport Federal Aviation Regulations Part 150 Noise Compatibility Study is being challenged.
Concerned members of the Estero Island community convinced the Fort Myers Beach Town Council to look into the range of work needed for such a challenge. The Airline Intrusion Relief group presented their case at a recent Council workshop by providing relative data, history of their plight and recommendations for the municipality government to act on.
Town Attorney Derek Rooney has been tasked to gather information and seek references to hire a consultant to do the legwork. Town lobbyists may be able to help through state and national presence and influences.
“The key is to having the right information,” said Rooney. “I know you want to narrow that down through some form of scoping so that we are spending our money effectively.”
Town Manager Don Stilwell called the overall undertaking “a huge hurdle” and County officials will be needed to agree and be on the Town’s side.
“The Board of County Commissioners need to be on board,” he said. “I think that is very important to have success.”
Beach Mayor Anita Cereceda agreed with Stilwell. Those two Town officials held a meeting with Lee County Port Authority officials and an appeal of some sorts didn’t seem likely.
“However, I don’t think that’s insurmountable,” Cereceda said.
A.I.R. Member Tom Babcock acknowledged the effort to be put forth by Town officials and the long road ahead.
“Port Authority said they have done all they can,” he said. “If you were to start over and say we won’t do any noise litigation, then the only thing we are going to be concerned about is bringing in as many aircraft as we can, as quickly as we can, as safely as we can and efficiently as we can. That would be the best thing that could happen to Fort Myers Beach because we want to get them on the ground.”
Babcock read from a basis of a legal challenge that has been previously used.
“The port authority with the oversight of the FAA is not allowed to implement noise mitigation procedures that are not reasonable, not arbitrary and not discriminatory,” he read.
Lee County Port Authority is governed by the Lee County Board of County Commissioners, who sit as the Board of Port Authorities. Commission Chairman Larry Kiker realizes the frustration by those who have put in the time and effort, but hopes Town officials remain level-headed.
“The Port Authority has spent countless hours and resources understanding what their concerns are and representing their concerns to the FAA,” he said. “There has been a continuous dialogue between A.I.R. and Port Authority and FAA for years. Until people understand their has been significant progress and there are still actions that have been agreed to that haven’t taken place yet, I question spending extra money on yet another consultant that is going to produce anything that is effective on the subject.
“To me, part of the art of negotiating is giving people credit for having listened to you and having made changes on your behalf. Recognizing that is a healthy step in continued relationships. Right now, we have a good relationship with the FAA through the Port Authority on behalf of the Town of Fort Myers Beach. I would hope the Town would choose to nurture that relationship.”
In April, the FAA declined 11 of the 16 program measures proposed in the noise study. The synopsis of the ruling stated, “federal agencies do not consider the aircraft noise levels for surrounding communities associated with RSW operations as ‘significant’ according to noise standards.” The analysis in the noise compatibility program center on the Day-Night Sound Level 65 contour (the required standardized measurement of airport noise).
Basically, from a federal perspective, RSW or FMB does not have a noise problem.
“In order for the FAA to approve those measures you have to demonstrate that nine compatible land uses are removed from Level 65 contour,” said LCPA consultant Mike Arnold earlier. “It was impossible to demonstrate they were removed. So, basically we used the Part 150 process to identify measures that can provide improvement for the community.”
A.I.R. members have been pleading their case to have aircraft fly over bay waters -like in the past- and not over Estero Island. Noise impact is from low-flying aircraft, which have been reported to directly pass over the island as low as 1,500 feet, half of the recommended 3,000 feet.
During the study, Beach officials and residents have worked with the FAA Air Traffic Organization to implement voluntary flight procedures and operational measures to reduce aircraft overflights to areas of concern, whenever inclement weather or wind is not a deterrent. Those voluntary measures are expected to continue, says Arnold.
“The air traffic control tower has continued to move toward implementing all of those measures,” he said. “We are using the process to open up the lines of communication between the FAA and the community. The fact that the airport and tower have been moving forward with these measures for the past two years, I look at it as a big success.”
During the study, public input was taken and many complaints recorded. Apparently, the complaints feel on deaf ears.
“Nothing will be done by the FAA because Part 150 doesn’t address our noise complaints,” said A.I.R. Member John Pohland. “They will allow ‘US’ to work at voluntary improvements.”
RSW has two approaches via one runway. The lack of proper equipment on one approach causes more aircraft to create “a railroad track in the sky” over the Beach.
“RSW doesn’t have I.L.S. (instrument landing system) on Runway 24. This means commercial flights cannot use this runway “heading 240 degrees” during poor weather conditions,” Pohland said. “This is why so many planes fly their final flight over Fort Myers Beach and land on Runway 6. Our airport is the only major airport that does not have I.L.S. from both directions.”
Cost for such precision equipment is roughly $1 million.
Webtrak performance data from March 2013 to March 2014 states 80 percent of aircraft landing on Runway 6 fly over Fort Myers Beach, 90 percent during peak travel times such as March 2014, and 60 percent of aircraft flying over the Beach are concentrated in a one-half mile section.
Annie Babcock stated the Beach is 10.8 miles away from Southwest Florida International Airport. She played a recording of an aircraft over-flight while trying to speak over it.
“This impacts the quality of life. It is noise,” she said. “However, it is not just noise. It is safety over the populated area that we live on. (There are) more major incidents, more pollution, breathing pollution. Quality of life has been sacrificed.”
The change in aircraft pathway began in 1998, when complaints from nearby Fiddlesticks County Club resulted in moving the turn marker to seven miles from RSW. In October 2008, FAA implemented an airspace redesign for the entire eastern seaboard. After that, more Beach over-flights were witnessed.
A.I.R. member Tom Merrill has been following the plight for 16 years. He has stated his case -without luck- in front of almost every Council since Town incorporation.
“Bottom line, we have got to defend ourselves,” he said. “Even at this late hour, we can do something about it.”