[Federal Register: March 10, 2005 (Volume 70, Number 46)]
[Notices]
[Page 12033-12034]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr05-135]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Noise Exposure Map Notice: Receipt of Noise Compatibility Program
and Request for Review
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
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SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the noise exposure maps submitted by Montgomery
Airport Authority for Montgomery Regional Airport under the provisions
of 49 U.S.C. 47501 et seq. (Aviation Safety and Noise Abatement Act)
and 14 CFR part 150 are in compliance with applicable requirements. The
FAA also announces that it is reviewing a proposed noise compatibility
program update that was submitted for Montgomery Regional Airport under
part 150 in conjunction with the noise exposure map, and that this
program will be approved or disapproved on or before August 27, 2005.
EFFECTIVE DATE: The effective date of the FAA's determination on the
noise exposure maps and of the start of its review of the associated
noise compatibility program is March 1, 2005. The public comment period
ends April 29, 2005.
FOR FURTHER INFORMATION CONTACT: Kristi Ashley, 100 West Cross Street,
Suite B, Jackson, MS 39208, (601) 664-9891. Comments on the proposed
noise compatibility program update should also be submitted to the
above office.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds
that the noise exposure maps submitted for Montgomery Regional Airport
are in compliance with applicable
[[Page 12034]]
requirements of part 150, effective March 1, 2005. Further, FAA is
reviewing a proposed noise compatibility program update for that
airport which will be approved or disapproved on or before August 27,
2005. This notice also announces the availability of this program for
public review and comment.
Under 49 U.S.C. 47503 (the Aviation Safety and Noise Abatement Act,
hereinafter referred to as ``the Act''), an airport operator may submit
to the FAA noise exposure maps which meet applicable regulations and
which depict non-compatible land uses as of the date of submission of
such maps, a description of projected aircraft operations, and the ways
in which such operations will affect such maps. The Act requires such
maps to be developed in consultation with interested and affected
parties in the local community, government agencies, and persons using
the airport.
An airport who has submitted noise exposure maps that are found by
FAA to be in compliance with the requirements of Federal Aviation
Regulations (FAR) Part 150, promulgated pursuant to the Act, may submit
a noise compatibility program for FAA approval which sets forth the
measures the operator has taken or proposes to take to reduce existing
non-compatible uses and prevent the introduction of additional non-
compatible uses.
Montgomery Airport Authority submitted to the FAA on August 19,
2004, noise exposure maps, descriptions and other documentation that
were produced during the Montgomery Regional Airport Noise
Compatibility Study Update. It was requested that the FAA review the
material as the noise exposure maps, as described in section 47503 of
the Act, and that the noise mitigation measures, to be implemented
jointly by the airport and surrounding communities, be approved as a
noise compatibility program under section 47504 of the Act.
The FAA has completed its review of the noise exposure maps and
related descriptions submitted by Montgomery Airport Authority. The
specific documentation determined to constitute the noise exposure maps
includes current and forecast NEM graphics, plus all other narrative,
graphic, or tabular representations of the data required by section
A150.101 of part 150, and sections 47503 and 47506 of the Act, more
specifically considered by FAA to be Chapter 3 of the Airport Noise
Compatibility Study Update submitted to FAA on August 19, 2004. The FAA
has determined that these maps for Montgomery Regional Airport are in
compliance with applicable requirements. This determination is
effective on March 1, 2005. FAA's determination on an airport
operator's noise exposure maps is limited to a finding that the maps
were developed in accordance with the procedures contained in appendix
A of FAR part 150. Such determination does not constitute approval of
the applicant's data, information or plans, or constitute a commitment
to approve a noise compatibility program or to fund the implementation
of that program.
If questions arise concerning the precise relationship of specific
properties to noise exposure contours depicted on a noise exposure map
submitted under section 47503 of the Act, it should be noted that the
FAA is not involved in any way in determining the relative locations of
specific properties with regard to the depicted noise contours, or in
interpreting the noise exposure maps to resolve questions concerning,
for example, which properties should be covered by the provisions of
section 47506 of the Act. These functions are inseparable from the
ultimate land use control and planning responsibilities of local
government. These local responsibilities are not changed in any way
under part 150 or through FAA's review of noise exposure maps.
Therefore, the responsibility for the detailed overlaying of noise
exposure contours onto the map depicting properties on the surface
rests exclusively with the airport operator that submitted those maps,
or with those public agencies and planning agencies with which
consultation is required under section 47503 of the Act. The FAA has
relied on the certification by the airport operator, under section
150.21 of FAR part 150, that the statutorily required consultation has
been accomplished.
The FAA has formally received the noise compatibility program for
Montgomery Regional Airport, also effective on March 1, 2005.
Preliminary review of the submitted material indicates that it conforms
to the requirements for the submittal of noise compatibility programs,
but that further review will be necessary prior to approval or
disapproval of the program. The formal review period, limited by law to
a maximum of 180 days, will be completed on or before August 27, 2005.
The FAA's detailed evaluation will be conducted under the
provisions of 14 CFR part 150, section 150.33. The primary
considerations in the evaluation process are whether the proposed
measures may reduce the level of aviation safety, create an undue
burden on interstate or foreign commerce, or be reasonably consistent
with obtaining the goal of reducing existing non-compatible land uses
and preventing the introduction of additional non-compatible land uses.
Interested persons are invited to comment on the proposed program
with specific reference to these factors. All comments, other than
those properly addressed to local land use authorities, will be
considered by the FAA to the extent practicable. Copies of the noise
exposure maps, the FAA's evaluation of the maps, and the proposed noise
compatibility program are available for examination at the following
locations:
Federal Aviation Administration, Jackson Airports District Office,
100 West Cross Street, Suite B, Jackson, MS 39208; Montgomery Regional
Airport, Montgomery Airport Authority, 4445 Selma Highway Montgomery,
AL 36108.
Questions may be directed to the individual named above under the
heading, FOR FURTHER INFORMATION CONTACT.
Issued in Jackson, MS, March 1, 2005.
Rans Black,
Manager, Jackson Airports District Office.
[FR Doc. 05-4653 Filed 3-9-05; 8:45 am]
BILLING CODE 4910-13-M