[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Notices]
[Pages 10501-10502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5039]


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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 the Gulfport-
Biloxi Regional Airport Authority for the Gulfport-Biloxi International 
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 that was submitted for 
the Gulfport-Biloxi International Airport under part 150 in conjunction 
with the noise exposure map, and that this program will be approved or 
disapproved on or before August 24, 2004.

DATES: 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 February 26, 2004. The public comment period 
ends April 26, 2004.

FOR FURTHER INFORMATION CONTACT: William Schuller, Jackson Airports 
District Office, 100 West Cross Street, Suite B, Jackson, MS 39208-
2307, telephone (601) 664-9883. Comments on the proposed noise 
compatibility program should also be submitted to the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds 
that the noise exposure maps submitted for the Gulfport-Biloxi 
International Airport are in compliance with applicable requirements of 
part 150, effective February 26, 2004. Further, FAA is reviewing a 
proposed noise compatibility program for that airport which will be 
approved or disapproved on or before August 24, 2004. This notice also 
announces the availability of this program for public review and 
comment.
    Under 49 U.S.C., section 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 operator 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.
    Gulfport-Biloxi Regional Airport Authority submitted to the FAA 
originally on January 24, 2002, and in current form on September 25, 
2003, noise exposure maps, descriptions and other documentation that 
were produced during the Airport Noise Compatibility Study Update of 
2001 through 2003. It was requested that the FAA review this 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 the Gulfport-Biloxi Regional 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 Chapters 1 
through 8 of the Airport Noise Compatibility Study Update submitted to 
FAA on September 25, 2003. The FAA has determined that these maps for 
the Gulfport-Biloxi International Airport are in compliance with 
applicable requirements. This determination is effective on February 
26, 2004. 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 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 
the Gulfport-Biloxi International Airport, also effective on February 
26, 2004. 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

[[Page 10502]]

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 24, 2004.
    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 39208-2307;
    Gulfport-Biloxi International Airport, Gulfport-Biloxi Regional 
Airport Authority Office, 14035-L Airport Road, Gulfport, MS 39503.
    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Jackson, Mississippi, on February 26, 2004.
Rans D. Black,
Manager, Jackson Airports District Office, Southern Region.
[FR Doc. 04-5039 Filed 3-4-04; 8:45 am]
BILLING CODE 4910-13-M