[Federal Register: March 2, 2009 (Volume 74, Number 39)]
[Notices]
[Page 9122-9123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr09-65]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Amendment to Noise Compatibility Program Mobile
Regional Airport, Mobile, AL
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 Mobile
Airport Authority under the provisions of 49 U.S.C. (the Aviation
Safety and Noise Abatement Act, hereinafter referred to as ``the Act'')
and 14 CFR Part 150. These findings are made in recognition of the
description of Federal and non-Federal responsibilities in Senate
Report No. 96-52 (1980). On May 1, 2006, the FAA determined that the
noise exposure maps submitted by the Mobile Airport Authority under
Part 150 were in compliance with applicable requirements. On October
26, 2006, the FAA approved the Mobile Regional Airport noise
compatibility program.
[[Page 9123]]
Most of the recommendations of the program were approved. On August 29,
2008, the Mobile Airport Authority requested approval to revise two of
the ten approved proposed action measures.
Effective Date: The effective date of the FAA's approval of the Mobile
Regional Airport Noise Compatibility Program Update is February 18,
2009.
FOR FURTHER INFORMATION CONTACT: Kevin Morgan, Federal Aviation
Administration, Jackson Airports District Office, 100 West Cross
Street, Suite B, Jackson, Mississippi 39208-2307, phone number: (601)
664-9891. 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 Update for
Mobile Regional Airport, effective February 18, 2009.
Under Section 47504 of 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 non-compatible
land uses and prevention of additional non-compatible 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 compatibility program developed in accordance
with Title 14 Code of Federal Regulations (CFR) Part 150 is a local
program, not a Federal Program. The FAA does not substitute its
judgment for that of the airport operator with respect to which measure
should be recommended for action. The FAA's approval or disapproval of
14 CFR Part 150 program recommendations is measured according to the
standards expressed in 14 CFR 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 14 CFR Part 150;
b. Program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
c. Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, 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 14 CFR 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 Jackson,
Mississippi.
Mobile Airport Authority submitted to the FAA on December 30, 2005,
the Noise Exposure Maps, descriptions, and other documentation produced
during the noise compatibility planning study conducted from 2003,
through December 2005. The Mobile Regional Airport Noise Exposure Maps
were determined by FAA to be in compliance with applicable requirements
on May 1, 2006. Notice of this determination was published in the
Federal Register on May 18, 2006.
The Mobile Regional Airport study contains a proposed Noise
Compatibility Program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions from
the 2006 to 2011 and beyond. It was requested that FAA evaluate and
approve an amendment to this material as a Noise Compatibility Program
as described in Section 47504 of the Act.
The FAA began its review of the updated Program on August 29, 2008,
and was required by a provision of the Act to approve or disapprove the
program within 180-days (other than the use of new or modified 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 amended program contained two (2) revised proposed
actions for noise mitigation off the airport. The FAA completed its
review and determined that the procedural and substantive requirements
of the Act and 14 CFR Part 150 have been satisfied. The updated
program, therefore, was approved by the FAA effective February 18,
2009.
Outright approval was granted for both of the revised specific
program elements.
These determinations are set forth in detail in a Record of
Approval Amendment signed by the FAA on February 18, 2009. The Record
of Approval Amendment, 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 office of the Mobile
Airport Authority. The Record of Approval Amendment also will be
available on-line at: http://www.faa.gov/airports_airtraffic/airports/
environmental/airport_noise/part_150/states/.
Issued in Jackson, Mississippi on February 23, 2009.
Rans Black,
Manager, Jackson Airports District Office, Southern Region.
[FR Doc. E9-4349 Filed 2-27-09; 8:45 am]
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