
[Federal Register: March 2, 2009 (Volume 74, Number 39)]
[Notices]               
[Page 9122-9123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr09-65]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Approval of Amendment to Noise Compatibility Program Mobile 
Regional Airport, Mobile, AL

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 the Mobile 
Airport Authority under the provisions of 49 U.S.C. (the Aviation 
Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') 
and 14 CFR Part 150. These findings are made in recognition of the 
description of Federal and non-Federal responsibilities in Senate 
Report No. 96-52 (1980). On May 1, 2006, the FAA determined that the 
noise exposure maps submitted by the Mobile Airport Authority under 
Part 150 were in compliance with applicable requirements. On October 
26, 2006, the FAA approved the Mobile Regional Airport noise 
compatibility program.

[[Page 9123]]

Most of the recommendations of the program were approved. On August 29, 
2008, the Mobile Airport Authority requested approval to revise two of 
the ten approved proposed action measures.

Effective Date: The effective date of the FAA's approval of the Mobile 
Regional Airport Noise Compatibility Program Update is February 18, 
2009.

FOR FURTHER INFORMATION CONTACT: Kevin Morgan, Federal Aviation 
Administration, Jackson Airports District Office, 100 West Cross 
Street, Suite B, Jackson, Mississippi 39208-2307, phone number: (601) 
664-9891. 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 Update for 
Mobile Regional Airport, effective February 18, 2009.
    Under Section 47504 of 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 non-compatible 
land uses and prevention of additional non-compatible 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 Title 14 Code of Federal Regulations (CFR) Part 150 is a local 
program, not a Federal Program. The FAA does not substitute its 
judgment for that of the airport operator with respect to which measure 
should be recommended for action. The FAA's approval or disapproval of 
14 CFR Part 150 program recommendations is measured according to the 
standards expressed in 14 CFR Part 150 and the Act, and is limited to 
the following determinations:

    a. The Noise Compatibility Program was developed in accordance with 
the provisions and procedures of 14 CFR Part 150;
    b. Program measures are reasonably consistent with achieving the 
goals of reducing existing non-compatible land uses around the airport 
and preventing the introduction of additional non-compatible land uses;
    c. 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
    d. 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 14 CFR Part 150, Section 
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.
    Mobile Airport Authority submitted to the FAA on December 30, 2005, 
the Noise Exposure Maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from 2003, 
through December 2005. The Mobile Regional Airport Noise Exposure Maps 
were determined by FAA to be in compliance with applicable requirements 
on May 1, 2006. Notice of this determination was published in the 
Federal Register on May 18, 2006.
    The Mobile Regional Airport study contains a proposed Noise 
Compatibility Program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
the 2006 to 2011 and beyond. It was requested that FAA evaluate and 
approve an amendment to this material as a Noise Compatibility Program 
as described in Section 47504 of the Act.
    The FAA began its review of the updated Program on August 29, 2008, 
and was required by a provision of the Act to approve or disapprove the 
program within 180-days (other than the use of new or modified 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 amended program contained two (2) revised proposed 
actions for noise mitigation off the airport. The FAA completed its 
review and determined that the procedural and substantive requirements 
of the Act and 14 CFR Part 150 have been satisfied. The updated 
program, therefore, was approved by the FAA effective February 18, 
2009.
    Outright approval was granted for both of the revised specific 
program elements.
    These determinations are set forth in detail in a Record of 
Approval Amendment signed by the FAA on February 18, 2009. The Record 
of Approval Amendment, as well as other evaluation materials and the 
documents comprising the submittal, are available for review at the FAA 
office listed above and at the administrative office of the Mobile 
Airport Authority. The Record of Approval Amendment also will be 
available on-line at: http://www.faa.gov/airports_airtraffic/airports/
environmental/airport_noise/part_150/states/.

    Issued in Jackson, Mississippi on February 23, 2009.
Rans Black,
Manager, Jackson Airports District Office, Southern Region.
[FR Doc. E9-4349 Filed 2-27-09; 8:45 am]

BILLING CODE 4910-13-P
