[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
