[Federal Register Volume 69, Number 185 (Friday, September 24, 2004)]
[Rules and Regulations]
[Pages 57622-57626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21298]



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Part VI





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 150



Airport Noise Compatibility Planning; Final Rule

  Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / 
Rules and Regulations  

[[Page 57622]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 150

[Docket No. FAA-2004-19158; Amendment No. 150-4]
RIN 2120-AI37


Airport Noise Compatibility Planning

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The Federal Aviation Administration (FAA) is issuing this 
final rule, with request for comments, to amend the regulations 
implementing airport noise compatibility planning to include amendments 
made to the authorizing legislation, which is formerly known as the 
Aviation Safety and Noise Abatement Act of 1979 (ASNA). This final rule 
incorporates new requirements imposed by laws that amended ASNA. These 
technical changes are necessary to conform the regulations to 
amendments set forth in the Vision 100--Century of Aviation 
Reauthorization Act of 2003 (Vision 100). This final rule also updates 
the statutory citations in the regulations to reflect the repeal and 
replacement of ASNA as part of a broad recodification of federal 
transportation laws in July 1994, and revises the regulations to 
include the 1987 amendment to ASNA that requires airport sponsors to 
provide notice and an opportunity for a public hearing before 
submitting a noise compatibility program to the FAA. To facilitate the 
availability of documents for inspection by the public, this final rule 
also updates the addresses of FAA regional offices that have moved 
since 1989. The final rule also enlarges the minimum scale for noise 
exposure maps to facilitate FAA's ability to make noise and land use 
information from noise exposure maps available on the Internet via its 
Website, pursuant to Vision 100.

DATES: This final rule is effective October 25, 2004. Comments must be 
submitted on or before November 23, 2004.

ADDRESSES: You may send comments, identified by Docket Number FAA-2004-
19158, using any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For more information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
http://dms.dot.gov, including any personal information you provide. For 
more information, see the Privacy Act discussion in the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: To read background documents or comments received, go to 
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Victoria L. Catlett, APP-600, Office 
of Airport Planning and Programming, Federal Aviation Administration, 
800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 
267-3263; facsimile (202) 267-8821; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA is adopting this final rule to conform 14 CFR part 150 to 
49 U.S.C. 47501 et seq., without prior notice and opportunity for 
public comment. The Regulatory Policies and Procedures of the 
Department of Transportation (DOT) (44 FR 1134; February 26, 1979) 
provide that, to the maximum extent possible, operating administrations 
for the DOT should provide an opportunity for public comment on 
regulations issued without prior notice. Therefore, we invite 
interested persons to participate in this rulemaking by sending written 
data, views, or arguments directly related to these amendments. We also 
invite comments about environmental, energy, federalism, or 
international trade impacts that might result from this amendment. 
Please include the regulatory docket or amendment number and send two 
copies to the address above. We will file all comments received, as 
well as a report summarizing each substantive public contact with FAA 
personnel on this rulemaking, in the public docket. The docket is 
available for public inspection before and after the comment closing 
date.
    Privacy Act: Using the search function of our docket Web site, 
anyone can find and read the comments received into any of our dockets, 
including the name of the individual sending the comment (or signing 
the comment on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.
    The FAA will consider all comments received on or before the 
closing date for comments. We will also consider late-filed comments to 
the extent practicable. We may amend this final rule in light of the 
comments received.
    Commenters who want the FAA to acknowledge receipt of their 
comments submitted in response to this final rule must include a 
preaddressed, stamped postcard with those comments and the following 
statement: ``Comments to Docket No. FAA-2004-19158.'' We will date-
stamp the postcard and mail it to the commenter.

Availability of Final Rule

    You can get an electronic copy of the final rule using the Internet 
by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. To 
facilitate a prompt response, please make sure that the request 
identifies the docket number, notice number, or amendment number of 
this rulemaking.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. Therefore, any small entity that has a question regarding 
this document may contact their local FAA official, or the person 
listed under FOR FURTHER

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INFORMATION CONTACT. You can find out more about SBRFA on the Internet 
at our site, http://www.gov/avr/arm/sbrefa.htm. For more information on 
SBREFA, e-mail us at [email protected].

Background

    On December 30, 1987, the Airport and Airway Safety and Capacity 
Expansion Act of 1987, Public Law 100-223 (AASCE) was enacted. Section 
301 of AASCE amended section 104(a) of the Aviation Safety and Noise 
Abatement Act of 1979 (ASNA) to require airport sponsors to provide 
notice and an opportunity for a public hearing before submitting noise 
compatibility programs to the FAA. Section 104 of ASNA is now 
recodified at 49 U.S.C. 47504(a)(1)(B). Part 150 has not been updated 
to incorporate this requirement, although we have prepared 
recommendations to expedite and streamline part 150 as part of a study 
and Report to Congress pursuant to section 301(d) of AASCE. Of the nine 
recommendations in that Report to Congress, Vision 100--Century of 
Aviation Reauthorization Act, Public Law 108-176 (Vision 100) addressed 
the recommendation to allow sponsors to select a flexible forecast year 
timeframe. We have administratively implemented in full or in part all 
but two of the remaining recommendations.
    On December 12, 2003, the President signed Vision 100. Section 324 
of Vision 100 amended 49 U.S.C. 47503 to clarify the forecast time 
period for noise exposure maps (NEMs) and to require revised NEMs in 
certain new circumstances, as follows:

    ``Section 47503 is amended--(1) in subsection (a) by striking 
`1985,' and inserting `a forecast period that is at least 5 years in 
the future'; and (2) by striking subsection (b) and inserting the 
following: `(b) REVISED MAPS.--If, in an area surrounding an 
airport, a change in the operation of the airport would establish a 
substantial new noncompatible use, or would significantly reduce 
noise over existing noncompatible uses, that is not reflected in 
either the existing conditions map or forecast map currently on file 
with the Federal Aviation Administration, the airport operator shall 
submit a revised noise exposure map to the Secretary showing the new 
noncompatible use or noise reduction.'.''

    The FAA is issuing these amendments to part 150 as a final rule 
because they incorporate changes to the underlying enabling 
legislation, 49 U.S.C. 47501 et seq. This final rule also includes 
several minor, technical revisions. First, it changes the minimum scale 
of NEMs to facilitate our implementation of section 322 of Vision 100. 
Section 322 of Vision 100 requires us to make noise exposure and land 
use information from NEMs available to the public on the Internet via 
our Web site. Specifically, it states:

    ``(b) PUBLIC AVAILABILITY OF NOISE EXPOSURE MAPS.--The 
Administrator shall make noise exposure and land use information 
from noise exposure maps available to the public via the Internet on 
its website in an appropriate format. (c) NOISE EXPOSURE MAP.--In 
this section, the term `noise exposure map' means a noise exposure 
map prepared under section 47503 of title 49, United States Code.''

    The FAA has determined that, given the amount of information 
contained in NEMs, it is necessary to enlarge the minimum scale to 
allow us to provide useful information on the Internet.
    Second, this final rule updates the statutory citations in part 150 
to reflect the repeal and replacement of ASNA as part of a broad 
recodification of Federal transportation laws in title 49 U.S.C. 
(``Revision of Title 49, United States Code Annotated, 
`Transportation,' '' Public Law 103-272, July 25, 1994). Finally, the 
locations where documents are available for inspection have been 
revised because several FAA regional offices have moved since 1989.

Section-by-Section Analysis

Part 150--Airport Noise Compatibility Planning

    On December 30, 1987, the Airport and Airway Safety and Capacity 
Expansion Act of 1987, Public Law 100-223 (AASCE) was enacted to, among 
other things, amend section 104 of the Aviation Safety and Noise 
Abatement Act of 1979 (ASNA) to include a requirement for airport 
sponsors to provide notice and an opportunity for a public hearing 
before submitting noise compatibility programs to the FAA for action. 
This rule amends Sec.  150.23 to include this requirement.
    In 1994, the major Federal transportation laws enacted before July 
1, 1993, were repealed, restated without substantive changes, and 
recodified in title 49 of the United States Code (Pub. L. 103-272). As 
a result of the recodification, the statutory citations in part 150 are 
obsolete. This rule updates Sec. Sec.  150.3, 150.5, 150.7, and 150.21 
to reflect ASNA recodification.
    On December 12, 2003, the President signed Public Law 108-176, 
Vision 100--Century of Aviation Reauthorization Act (Vision 100), 
including certain amendments to 49 U.S.C. 47501 et seq. This final rule 
amends part 150 to mirror new requirements for airport noise 
compatibility planning found in Vision 100 as follows:

Section 150.7 Definitions

    This section clarifies the definition for ``Noise Exposure Map'' 
(NEM) in accordance with 49 U.S.C. 47503, as amended by section 324 of 
Vision 100. Vision 100 clarifies that airport sponsors may select a 
forecast period longer than five years. Previously, ASNA literally 
mandated a 1985 forecast NEM by requiring ``a description of estimated 
aircraft operations during 1985.'' Since ASNA's enactment in 1980, the 
FAA has interpreted ``1985'' to refer to a five year forecast period 
(see, for example, former 14 CFR 150.7, ``Noise Exposure Maps''). 
Airport sponsors were permitted to prepare additional maps for forecast 
periods greater than five years.

Section 150.13 Incorporations by Reference

    Since 1989, some FAA regional offices have moved. The FAA makes 
part 150 documents available for inspection at regional offices. This 
rule revises Sec.  150.13 to update the office addresses.

Section 150.21 Noise Exposure Maps and Related Descriptions

    This section incorporates the new requirement to revise NEMs under 
49 U.S.C. 47503, as amended by section 324 of Vision 100. Under section 
324, if there is a change in the operation of the airport which causes 
a significant reduction in noise over existing noncompatible uses that 
is not reflected in either the existing conditions map or forecast map 
currently on file with the FAA, an airport sponsor is required to 
update its NEM.
Appendix A, Noise Exposure Maps
    The minimum map scale in Appendix A is enlarged to 1 = 
2,000[min] to facilitate the FAA's ability to implement section 322(b) 
of Vision 100. Section 322(b) requires us to post noise exposure and 
land use information from NEMs on our Web site via the Internet. The 
NEMs submitted to us include such a large amount of information that it 
would be difficult for us to make information available from those maps 
using the current minimum map scale in Appendix A (1 = 
8,000[min]).
    The FAA makes part 150 documents, including NEMs available for 
inspection at regional offices. As discussed above, since some FAA 
regional offices have moved since 1989, this rule revises Sec.  150.13 
to update the office addresses.

Waiver Under the Administrative Procedure Act

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)), an 
agency

[[Page 57624]]

may waive the normal notice and comment requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. This final rule incorporates changes to address 
(1) the 1987 amendments to ASNA under section 301 of AASCE requiring 
notice and an opportunity for a public hearing in preparing noise 
compatibility programs, (2) the 1994 Congressional repeal and 
recodification of ASNA, and (3) the 2003 amendments to 49 U.S.C. 47503 
and 47504 pursuant to section 324 of Vision 100 and the Internet 
posting requirements for the FAA under section 322 of Vision 100. 
Because the amendments essentially address legislative changes, we have 
determined that good cause exists to waive prior notice and comment.

Paperwork Reduction Act

    Information collection requirements currently contained in part 150 
have been approved by the Office of Management and Budget (OMB) under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) and have been 
assigned OMB Control Number 2120-0517. This final rule codifies the 
requirement under section 324 of Vision 100 for airport sponsors to 
revise their NEMs if a change in the operations at the airport would 
significantly reduce noise over existing noncompatible land uses and 
certain other circumstances exist. Section 322 of Vision 100 requires 
the FAA to make noise exposure and land use information from NEMs 
available to the public via our Web site on the Internet. This final 
rule imposes no paperwork burden on any individual or entity and, 
therefore, no evaluation of paperwork burden is required.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. We have 
determined there are no ICAO Standards and Recommended Practices that 
correspond to these regulations.

Economic Evaluation, Regulatory Flexibility Determination, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 requires agencies to analyze the 
economic impact of regulatory changes on small entities. Third, the 
Trade Agreements Act (19 U.S.C. 2531-2533) prohibits agencies from 
setting standards that create unnecessary obstacles to the foreign 
commerce of the United States. In developing the U.S. standards, this 
Trade Act requires agencies to consider international standards and, 
where appropriate, that they be the basis of U.S. standards. And 
fourth, the Unfunded Mandates Reform Act of 1995 requires agencies to 
prepare a written assessment of the costs, benefits and other effects 
of proposed or final rules that include a Federal mandate likely to 
result in the expenditure by State, local or tribal governments, in the 
aggregate, or by the private sector, of $100 million or more, in any 
one year (adjusted for inflation). The value equivalent of $100 million 
in calendar year (CY) 1995, adjusted for inflation to the CY2003 level 
by the Consumer Price Index for all Urban Consumers (CPI-U), and 
published by the Bureau of Labor Statistics is $120.7 million.
    However, for proposed or final rules with an expected minimal 
impact the above-specified benefit/cost evaluation is not required. The 
Department of Transportation Order DOT 2100.5 prescribes policies and 
procedures for simplification, analysis, and review of proposed or 
final rules. If it is determined that the expected economic impact is 
so minimal that a proposed or final rule does not warrant a full 
Evaluation, a statement to that effect and the basis for it is included 
in the proposed or final rule.
    This final rule imposes minor additional costs on airports that 
submit airport noise compatibility plans due to the new requirement for 
enlarged minimal map scales on submitted noise expose maps. Otherwise, 
this final rule updates 14 CFR part 150 to incorporate new requirements 
imposed over the past years by laws that amended ASNA. Part 150 
implements, and should therefore conform to, 49 U.S.C. 47501 et seq. 
This final rule eliminates the potential for discrepancies between 49 
U.S.C. 47501 et seq., and part 150 that could confuse airport sponsors, 
consultants, and the public about airport noise compatibility planning 
requirements.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides that the 
head of the agency may so certify and a regulatory flexibility analysis 
is not required. The certification must include a statement providing 
the factual basis for this determination, and the reasoning should be 
clear.
    This final rule imposes minor additional costs on airports that 
submit airport noise compatibility plans due to the new requirement for 
enlarged minimal map scales on submitted noise expose maps. Otherwise, 
this final rule merely incorporates new requirements imposed by laws 
that amended ASNA. Consequently, the FAA certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities.

International Trade Impact Analysis

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards. In addition, consistent with the Administration's belief in 
the general superiority and desirability of free trade, it is the 
policy of the Administration to remove or diminish, to the extent 
feasible, barriers to international trade, including both barriers 
affecting the export of American goods and services to foreign 
countries and barriers affecting the import of foreign goods and 
services into the United States.

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    In accordance with the above statute and policy, the FAA has 
assessed the potential effect of this final rule to be minimal and 
therefore has determined that this rule will not result in an impact on 
international trade by companies doing business in or with the United 
States.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as 
Public Law 104-4 on March 22, 1995, is intended, among other things, to 
curb the practice of imposing unfunded Federal mandates on State, 
local, and tribal governments. Title II of the Act requires each 
Federal agency to prepare a written statement assessing the effects of 
any Federal mandate in a proposed or final agency rule that may result 
in a $100 million or more expenditure (adjusted annually for inflation) 
in any one year by State, local, and tribal governments, in the 
aggregate, or by the private sector; such a mandate is deemed to be a 
``significant regulatory action.'' The value equivalent of $100 million 
in calendar year (CY) 1995, adjusted for inflation to the CY2003 level 
by the Consumer Price Index for all Urban Consumers (CPI-U), and 
published by the Bureau of Labor Statistics is $120.7 million.
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we determined that this final rule does not have 
federalism implications.

Environmental Analysis

    In accordance with Paragraph 312, Categorical Exclusions for 
Regulatory Actions, subparagraph d of FAA Order 1050.1E, the FAA has 
determined that this action is categorically excluded from 
environmental review under section 102(2)(C) of the National 
Environmental Policy Act (NEPA). Subparagraph d categorically excludes 
``Issuance of regulatory documents (e.g., Notices of Proposed 
Rulemaking, and issuance of Final Rules) covering administrative or 
procedural requirements.'' This final rule amends part 150 to 
incorporate new requirements imposed by laws that amended 49 U.S.C. 
47501 et seq. This final rule also updates the statutory citations in 
the regulation to reflect the repeal and replacement of ASNA as part of 
a broad recodification of Federal transportation laws in title 49 of 
the United States Code in July 1994, and also updates the addresses of 
FAA regional offices that have moved since 1989. In addition, we have 
determined that there are no ``extraordinary circumstances'' associated 
with the proposed action that would otherwise require the preparation 
of an environmental assessment or an environmental impact statement.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 18, 2001). We have determined 
that it is not a ``significant energy action'' under the executive 
order because it is not a ``significant regulatory action'' under 
Executive Order 12866, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

List of Subjects in 14 CFR Part 150

    Airports, Noise control.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends Chapter I of Title 14 Code of Federal Regulations 
as follows:

PART 150--AIRPORT NOISE COMPATIBILITY PLANNING

    1. The authority citation for part 150 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44715, 47101, 47501-47504.


    2. Revise Sec.  150.3 to read as follows:


Sec.  150.3  Applicability.

    This part applies to the airport noise compatibility planning 
activities of the operators of ``public use airports,'' including 
heliports, as that term is used in section 47501(2) as amended (49 
U.S.C. 47501 et seq.) and as defined in section 47102(17) of 49 U.S.C.

    3. Revise paragraphs (a) and (c) of Sec.  150.5 to read as follows:


Sec.  150.5  Limitations of this part.

    (a) Pursuant to 49 U.S.C. 47501 et seq., this part provides for 
airport noise compatibility planning and land use programs necessary to 
the purposes of those provisions. No submittal of a map, or approval or 
disapproval, in whole or part, of any map or program submitted under 
this part is a determination concerning the acceptability or 
unacceptability of that land use under Federal, State, or local law.
    (b) * * *
    (c) Approval of a noise compatibility program under this part 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, pursuant to 
the National Environmental Policy Act (42 U.S.C. 4332 et seq.) and 
guidelines.
* * * * *

    4. Amend Sec.  150.7 by revising definitions for ``ASNA Act,'' and 
``Noise exposure map,'' to read as follows:


Sec.  150.7  Definitions.

* * * * *
    ASNA Act means 49 U.S.C. 47501 et seq.
* * * * *
    Noise exposure map means a scaled, geographic depiction of an 
airport, its noise contours, and surrounding area developed in 
accordance with section A150.1 of Appendix A of this part, including 
the accompanying documentation setting forth the required descriptions 
of forecast aircraft operations at that airport during the fifth 
calendar year (or later) beginning after submission of the map, 
together with the ways, if any, those operations will affect the map 
(including noise contours and the forecast land uses).
* * * * *

    5. Amend Sec.  150.13 by revising paragraphs (e)(1), (e)(3), 
(e)(3)(ii), (e)(3)(iii), (e)(3)(v), (e)(3)(vi), (e)(3)(vii), and 
(e)(3)(ix), and by deleting paragraph (e)(3)(xi), to read as follows:


Sec.  150.13  Incorporations by reference.

* * * * *
    (e) * * *
    (1) FAA Office of the Chief Counsel, Rules Docket, AGC-200, Federal 
Aviation Administration Headquarters Building, 800 Independence Avenue, 
SW., Washington, DC 20591.
    (2) * * *
    (3) The respective Regional Offices of the Federal Aviation 
Administration as follows. The most current mailing address, phone 
numbers, and States covered by each region are available on the FAA's 
Web site at http://www.faa.gov/arp/index.cfm?nav=hq.
    (i) * * *
    (ii) Eastern Regional Office, Airports Division, 1 Aviation Plaza, 
Jamaica, NY 11434-4809.

[[Page 57626]]

    (iii) Southern Regional Office, Federal Aviation Administration, 
ATTN: ASO-600, P.O. Box 20636, Atlanta, GA 30320-0631.
    (iv) * * *
    (v) Central Regional Office, Federal Aviation Administration, ACE-
600, 901 Locust, Kansas City, MO 64106-2325.
    (vi) Southwest Regional Office, Federal Aviation Administration, 
2601 Meacham Blvd., Fort Worth, TX 76137-4298.
    (vii) Northwest Mountain Regional Office, Federal Aviation 
Administration, Airports Division, 1601 Lind Avenue SW., Suite 315, 
Renton, WA 98055-4056.
    (viii) * * *
    (ix) Alaskan Regional Office, 222 W. 7th Avenue 14, 
Anchorage, AK 9951.
* * * * *

    6. Revise paragraphs (a)(1), (d), (f)(1) introductory text and 
(f)(2) introductory text of Sec.  150.21 to read as follows:


Sec.  150.21  Noise exposure maps and related descriptions.

    (a) * * *
    (1) The noise exposure based on forecast aircraft operations at the 
airport for a forecast period that is at least 5 years in the future, 
beginning after the date of submission (based on reasonable assumptions 
concerning future type and frequency of aircraft operations, number of 
nighttime operations, flight patterns, airport layout including any 
planned airport development, planned land use changes, and demographic 
changes in the surrounding areas); and
* * * * *
    (d) The airport operator shall, in accordance with this section, 
promptly prepare and submit a revised noise exposure map.
    (1) If, after submission of a noise exposure map under paragraph 
(a) of this section, any change in the operation of the airport would 
create any ``substantial, new noncompatible use'' in any area depicted 
on the map beyond that which is forecast for a period of at least five 
years after the date of submission, the airport operator shall, in 
accordance with this section, promptly prepare and submit a revised 
noise exposure map. A change in the operation of an airport creates a 
substantial new noncompatible use if that change results in an increase 
in the yearly day-night average sound level of 1.5 dB or greater in 
either a land area which was formerly compatible but is thereby made 
noncompatible under Appendix A (Table 1), or in a land area which was 
previously determined to be noncompatible under that Table and whose 
noncompatibility is now significantly increased.
    (2) If, after submission of a noise exposure map under paragraph 
(a) of this section, any change in the operation of the airport would 
significantly reduce noise over existing noncompatible uses that is not 
reflected in either the existing conditions or forecast noise exposure 
map on file with the FAA, the airport operator shall, in accordance 
with this section, promptly prepare and submit a revised noise exposure 
map. A change in the operation of the airport creates a significant 
reduction in noise over existing noncompatible uses if that change 
results in a decrease in the yearly day-night average sound level of 
1.5 dB or greater in a land area which was formerly noncompatible but 
is thereby made compatible under Appendix A (Table 1).
    (3) Such updating of the map shall include a reassessment of those 
areas excluded under section A150.101(e)(5) of Appendix A because of 
high ambient noise levels.
    (4) If the forecast map is based on assumptions involving 
recommendations in a noise compatibility program which are subsequently 
disapproved by the FAA, a revised map must be submitted if revised 
assumptions would create a substantial, new noncompatible use not 
indicated on the forecast map. Revised noise exposure maps are subject 
to the same requirements and procedures as initial submissions of noise 
exposure maps under this part.
    (e) * * *
    (f)(1) Title 49, section 47506 provides that no person who acquires 
property or an interest therein after the date of enactment of the Act 
in an area surrounding an airport with respect to which a noise 
exposure map has been submitted under section 47503 of the Act shall be 
entitled to recover damages with respect to the noise attributable to 
such airport if such person had actual or constructive knowledge of the 
existence of such noise exposure map unless, in addition to any other 
elements for recovery of damages, such person can show that--
* * * * *
    (f)(2) Title 49 section 47506(b) further provides:
* * * * *

    7. Revise paragraph (d) of Sec.  150.23 to read as follows:


Sec.  150.23  Noise compatibility programs.

* * * * *
    (d) Prior to and during the development of a program, and prior to 
submission of the resulting draft program to the FAA, the airport 
operator shall afford adequate opportunity for the active and direct 
participation of the States, public agencies and planning agencies in 
the areas surrounding the airport, aeronautical users of the airport, 
the airport operator, and the general public to submit their views, 
data, and comments on the formulation and adequacy of that program. 
Prior to submitting the program to the FAA, the airport operator shall 
also provide notice and the opportunity for a public hearing.
* * * * *

    8. Revise paragraph (f) of Sec.  150.35 to read as follows:


Sec.  150.35  Determinations; publications; effectivity.

* * * * *
    (f) Noise exposure maps for current and forecast year map 
conditions that are submitted and approved with noise compatibility 
programs are considered to be the new FAA accepted noise exposure maps 
for purposes of part 150.
* * * * *

    9. Amend Appendix A to part 150 by revising paragraph (b)(1) of 
section A150.103 to read as follows:

Appendix A to Part 150--Noise Exposure Maps

* * * * *

PART B--NOISE EXPOSURE MAY DEVELOPMENT

* * * * *


Sec. A150.103   Use of computer prediction model.

    (a) * * *
    (b) * * *
    (1) A map of the airport and its environs at an adequately detailed 
scale (not less than 1 inch to 2,000 feet) indicating runway length, 
alignments, landing thresholds, takeoff start-of-roll points, airport 
boundary, and flight tracks out to at least 30,000 feet from the end of 
each runway.
* * * * *

    Issued in Washington, DC, on September 17, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-21298 Filed 9-23-04; 8:45 am]
BILLING CODE 4910-13-P