[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11852]


[[Page Unknown]]

[Federal Register: May 16, 1994]


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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

 

Approval of Noise Compatibility Program Gulfport-Biloxi Regional 
Airport Gulfport, MS

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 Gulfport-
Biloxi Regional Airport Authority under the provisions of Title I of 
the Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 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 May 21, 1993, the FAA determined that the noise 
exposure maps submitted by Gulfport-Biloxi Regional Airport Authority 
under part 150 were in compliance with applicable requirements. On 
April 1, 1994, the Administrator approved the Gulfport-Biloxi Regional 
Airport noise compatibility program. Most of the recommendations of the 
program were approved. No program element relating to new or revised 
flight procedures for noise abatement were proposed by the airport 
operator. The Gulfport-Biloxi Regional Airport Authority has also 
requested under part 150, Sec. 150.35(f), that FAA determine that 
revised noise exposure maps, submitted with the noise compatibility 
program and showing noise contours as a result of the implementation of 
the noise compatibility program, are in compliance with applicable 
requirements of FAR part 150. The FAA announces its determination that 
the revised noise exposure maps for the Gulfport-Biloxi Regional 
Airport for years 1992 and 1997, submitted with the noise compatibility 
program, are in compliance with applicable requirements of FAR Part 150 
effective April 1, 1994.

EFFECTIVE DATE: The effective date of the FAA's approval of the 
Gulfport-Biloxi Regional Airport noise compatibility program is April 
1, 1994.

FOR FURTHER INFORMATION CONTACT:
Elton E. Jay, Principal Engineer, Planning and Safety, Jackson Airports 
District Office, 120 North Hangar Drive, Suite B, Jackson, Mississippi 
39208-2306. 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 Gulfport-
Biloxi Regional Airport, effective April 1, 1994, and that revised 
noise exposure maps for this same airport are determined to be in 
compliance with applicable requirements of FAR Part 150.
    A. Under section 104(a) of the Aviation Safety and Noise Abatement 
Act 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 compatibility 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 measures 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:
    1. The noise compatibility program was developed in accordance with 
the provisions and procedures of FAR Part 150;
    2. 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;
    3. 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
    4. 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, Sec. 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.
    Gulfport-Biloxi Regional Airport Authority submitted to the FAA on 
October 16, 1991, the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from October 16, 1991, through October 5, 1993. The Gulfport-
Biloxi Regional Airport noise exposure maps were determined by FAA to 
be in compliance with applicable requirements on May 21, 1993. Notice 
of this determination was published in the Federal Register on June 7, 
1993.
    The Gulfport-Biloxi 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 1997. It was requested that 
the 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 October 5, 1993, and was required by a 
provision of the Act of 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 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 April 1, 1994.
    Outright approval was granted for 2 noise abatement actions, 3 
remedial land use strategies, 6 preventive land use strategies, and 5 
implementation measures of the specific program elements.

Noise Abatement Actions

    1. Construct 1500' runway extension at the north end of Runway 13/
31 with a displacement of the Runway 13 landing threshold to maintain 
current threshold position.
    2. Establish Preferential North Flow runway use which maximizes 
operations on Runway 31, consistent with wind, weather, traffic and 
other operating conditions as an informal runway use program.

Land Use Strategies

    Remedial. It is recommended that, at the discretion of the Airport 
Authority, the implementation program for alleviating incompatibilities 
within the 70-75 DNL contour be continued by the Airport Authority 
rather than the land owner (as is the case for the 65-70 DNL contour)
    1. Acquisition in Fee Simple. 39 mobile homes in the 65-70 DNL 
contour. In the 70-75 DNL contour, there are 13 mobile homes 
recommended for voluntary acquisition. In the DNL 75+ contour, fee 
simple, voluntary acquisition of two residential structures is 
recommended.
    2. Acquisition of Avigation Easements. In exchange for sound 
attenuation (item 3, below) the conveyance of an avigation easement to 
the airport authority would be required. For those homes now 
participating in the sound attenuation program (and for some mobile 
homes (see item 1, above)), it is recommended that avigation easements 
be acquired. In addition, the Airport Authority should request that an 
avigation easement be provided if any change in zoning or land use is 
proposed (from compatible to noncompatible).
    3. Sound Attenuation. In the 65-70 DNL contour, for three churches 
and one school, for 557 single-family and 93 multi-family homes. In the 
70-75 DNL contour, for 2 churches, 2 schools, 158 single-family homes 
and 276 multi-family homes.
    Preventive. These strategies apply to the DNL 65 and above noise 
contour.
    1. Enactment of new zoning, including the establishment of a joint 
zoning board.
    a. Zoning. The local jurisdictions (City of Gulfport, Harrison 
County, and the Regional Airport Authority) should work together to 
develop a plan for proper airport zoning ordinance to comply with Part 
150 noise land use compatibility criteria.
    b. Establish a Joint Airport Zoning Board. Recommend that Chapters 
of the Mississippi Code be amended to permit the Joint Airport Zoning 
Board to enact airport zoning regulations for areas impacted by airport 
noise. In addition, the GBRAA, County of Harrison, and City of Gulfport 
should establish a Joint Airport Zoning Board which would enact 
appropriate zoning in the areas surrounding the airport.
    2. Easement acquisition of undeveloped land. These easements would 
be structured so that they would prohibit the establishment of any 
incompatible land use within the noise exposure area in the future. 
Because the FAA does not participate in acquisition of undeveloped 
land, in fee or easement, regardless of the noise level affecting the 
area, it is recommended that the land uses be classified in accordance 
with the noise levels.
    3. Real estate disclosure. Enactment of a voluntary real estate 
disclosure policy notifying area residents of the potential for 
aircraft noise impacts within the noise exposure area. It is 
recommended that local developers and lending institutions inform 
potential buyers.
    4. Revised building codes. Each jurisdiction should revise the 
building codes to require noise insulating materials be used in the 
construction of structures within the noise exposure area. These 
standards include new construction and would be imposed on existing 
homes being sound attenuated within the DNL 65 contour and above.
    5. Comprehensive planning. Incorporation of the study findings into 
the local jurisdiction comprehensive plans.
    6. Enactment of an environmental review process. Establish an 
environmental review process to ensure that proposed development within 
the airport noise exposure area is compatible or that appropriate 
measures are undertaken to achieve compatibility.

Implementation Measures

    1. Letter to Airmen. A Letter to Airmen would be an appropriate 
mechanism for the FAA to use in communicating ATC-related noise 
abatement measures to pilots.
    2. Noise Abatement Bulletin. A Noise Abatement Bulletin would be an 
appropriate mechanism to communicate the noise abatement program to 
pilots.
    3. Distribution of Materials. The airport should provide copies of 
the Letter to Airmen and the Noise Abatement Bulletin to the military 
and airlines for distribution to pilots and to FBO's.
    4. Provision for Revision of Noise Exposure Maps and Noise 
Compatibility Program. The NCP calls for revision to the NCP and to the 
NEM's.
    5. Continuation of the NCP Advisory Committee as a Noise Abatement 
Committee. It is recommended that the airport continue the advisory 
committees as a noise abatement committee.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Administrator on April 1, 1994.
    B. The FAA also has completed its review of the revised noise 
exposure maps and related descriptions submitted by Gulfport-Biloxi 
Regional Airport Authority. The specific maps under consideration are 
Figure 5-1, ``Short-Term (1992) Noise Abatement Contours with Existing 
Off-Airport Land Use,'' and Figure 5-2, ``Long-Term, (1997) Noise 
Abatement Contours (1500' Runway Extension and North Flow Preferential 
Runway Use), with Existing Off-Airport Land Use.'' in the submission. 
The FAA has determined that these maps for Gulfport-Biloxi Regional 
Airport are in compliance with applicable requirements. This 
determination was effective on April 1, 1994. 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.
    If questions arise concerning the precise relationship of specific 
properties to noise exposure contours depicted on a noise exposure map 
submitted under section 103 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 107 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 maps 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 103 of the Act. The FAA has 
relied on the certification by the airport operator, under Sec. 150.21 
of FAR part 150, that the statutorily required consultation has been 
accomplished.
    Copies of the noise exposure maps, and of the FAA's evaluation of 
the maps, and copies of the Record of Approval and other evaluation 
materials and documents which comprised the submittal to the FAA are 
available for examination at the following locations:

Federal Aviation Administration, Jackson Airports District Office, 120 
North Hangar Drive, suite B, Jackson, Mississippi 39208-2306
Mr. Bruce Frallic, Executive Director, Gulfport-Biloxi Regional Airport 
Authority, 14035-L Airport Road, Gulfport, Mississippi 39501.

    Questions on either of these FAA determinations may be directed to 
the individual named above under the heading FOR FURTHER INFORMATION 
CONTACT.

    Issued in Southern Region, Atlanta, Georgia, May 4, 1994.
Samuel F. Austin,
Manager, Atlanta Airports District Office.
[FR Doc. 94-11852 Filed 5-13-94; 8:45 am]
BILLING CODE 4910-13-M