[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Notices]
[Pages 12033-12034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4653]


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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