11.03.03.04

.04 Duties of an Airport Operator.

A. Authority. Transportation Article, 5-805 and 5-806, Annotated Code of Maryland, mandates the Executive Director to establish procedures which airport operators or the intended operators of new airports shall follow in accomplishing certain required actions which need to be approved by the Executive Director. These actions include:

(1) Assessment of the noise environment created by the operation of their airports, including current conditions and projections of future usage;

(2) Delineation of the noise zone, if any, base year and future year contours of equal noise exposure, and the identification of any impacted land-use areas;

(3) Development of a plan to reduce or eliminate the impacted land-use area.

B. Development of Contours of Equal Noise Exposure.

(1) An airport operator, or the intended operator of a proposed airport, shall prepare the airport data base described by Regulation .02D(2) of this chapter. The data are to be presented as maps and supplemental information in the manner required by the Executive Director, as described in B(2)—(4) of this regulation.

(2) Base Year Noise Contour. Contours of equal noise exposure shall be developed representing cumulative noise levels for a full 12-month period that typifies current airport operations. The base year for a proposed airport is the initial year of operation.

(3) Future Year Noise Contours. Contours of equal noise exposure shall be developed representing projected cumulative noise levels for a full 12-month period expected 5 years beyond the year of certification for all airports, and 10 years beyond the year of certification for air carrier airports.

(4) Airport Noise Zone. When base year or future year contours of equal noise exposure include land uses within which the cumulative noise exposure is equal to or greater than the lowest limit for cumulative noise exposure established in Regulation .03B of this chapter, a composite of the base and future years' noise contours shall be developed as an airport noise zone that provides the greatest protection to public health and welfare.

C. Data supporting the contours of equal noise exposure developed under B of this regulation shall be submitted to the Executive Director according to the following schedule:

(1) Airports shall submit data when required as part of an environmental impact study or by the Administration;

(2) Airports shall submit data by July 1 of each 5th year pursuant to Transportation Article, 5-805(c), Annotated Code of Maryland.

D. The Executive Director may prepare contours of equal noise exposure at the request of the airport operator. The Executive Director shall maintain the aircraft data base described under Regulation .02D(2)(a)—(i) of this chapter.

E. Determination of Impacted Land Use Areas.

(1) An airport operator shall obtain or prepare a map at a scale specified by the Administration showing land use within the noise zone of the airport as described under B(3) of this regulation. All land uses shall be defined in terms consistent with the land use descriptions in Regulation .03 of this chapter and pursuant to Transportation Article, 5-805, Annotated Code of Maryland. For proposed airports, the land uses are those anticipated at the time of initial airport operation.

(2) The operator shall identify impacted land-use areas, if any, and prepare a map clearly indicating the impacted land-use areas for any of the periods investigated in compliance with Transportation Article, 5-805(a)(1), (2), and (3), Annotated Code of Maryland. The Executive Director, at the request of the operator, may assist in the identification of impacted land-use areas.

(3) If no impacted land-use areas exist, or will exist for any of the periods investigated, the operator shall submit a proposal to the Executive Director for certification of a noise zone for the airport. The noise zone shall be the one that provides, by its extent, the greatest protection to the public health and welfare.

(4) If impacted land-use areas exist, or will exist for any of the periods investigated, the operator shall develop and implement a noise abatement plan in accordance with the procedures of F of this regulation.

F. Noise Abatement Plans.

(1) The goal of a noise abatement plan is the reduction or elimination of impacted land-use area.

(2) An airport operator shall develop proposals for noise abatement plans which can meet this goal through the use of available methods in accordance with the Transportation Article, 5-805(a) and (b), Annotated Code of Maryland.

(3) Noise abatement plans shall be submitted to the Executive Director for approval and certification of the noise zone in accordance with Transportation Article, 5-805, Annotated Code of Maryland. The noise zone shall be the one that provides, by its extent, the greatest protection to the public health and welfare in accordance with Transportation Article, 5-804, Annotated Code of Maryland.

(4) Airport operators shall implement approved plans consistent with provisions of Transportation Article, 5-806, Annotated Code of Maryland.

G. Airport operators required to develop noise abatement plans shall periodically submit reports detailing progress in implementation of the approved noise abatement plans as may be deemed necessary by the Administration.