Federal Aviation Administration, DOT.
The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by the City of San Antonio, Texas, under the provisions of Title 49, U.S.C., Chapter 475 and 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 January 16, 2002, the FAA determined that the noise exposure maps submitted by the—City of San Antonio, Texas, under part 150 were in compliance with applicable requirements. On September 30, 3003, the Administrator approved the noise compatibility program. Some of the recommendations of the program were approved.
The effective date of the FAA's approval of the San Antonio International Airport, San Antonio, Texas, noise compatibility program is September 30, 2002.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Nan L. Terry, Department of Transportation, Federal Aviation Administration, 2601 Meacham Boulevard, Fort Worth, Texas, 76137, (817) 222-5607. Documents reflecting this FAA action may be reviewed at this same location.End Further Info End Preamble Start Supplemental Information
This notice announces that the FAA has given its overall approval to the noise compatibility program for the San Antonio International Airport, San Antonio, Texas, effective September 30, 2002.
Under Title 49 U.S.C. Section 47504 (hereinafter referred to as “Title 49”), 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 within the area covered by the noise exposure maps. Title 49 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 Regulation (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 Title 49 and is limited to the following determinations:
a. The noise compatibility program was developed in accordance with the provision and procedures of FAR Part 150;
b. 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;
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 FAR 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 a 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, request for project grants must be submitted to the FAA Airports Division Office in Fort Worth, Texas.
The City of San Antonio submitted to the FAA on January 16, 2002, the noise exposure maps, descriptions, and other documentation produced during the noise compatibility planning study conducted from 1998 to 2002. The San Antonio International Airport's noise exposure maps were determined by FAA to be in compliance with applicable requirements on January 16, 2002. Notice of this determination was published in the Federal Register on January 25, 2002.
The San Antonio International 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 beyond the year 2005. It was requested that the FAA evaluate and approve this material as a noise compatibility program as described in Title 49. The FAA began its review of the program on April 3, 2002, and was required by a provision of the Act to 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.Start Printed Page 70106
The submitted program contained 13 proposed actions for noise abatement and mitigation on and off the airport. The FAA completed its review and determined that the procedural and substantive requirements of Title 49 and FAR Part 150 have been satisfied. The Administrator effective, therefore, approved the overall program, September 30, 2002.
Outright approval was granted for 7 of 13 the specific program elements. Many of the air traffic and airport development measures are recommended for disapproval due to their potential impact on capacity or efficiency, potential increase in noise over noncompatible land uses, airspace conflicts or inconsistency with FAA policy regarding the application of Advisory Circular 91-53A. The land use measures include remedial sound attenuation for some noncompatible structures within the DNL 65 dB noise contour, with priority given to those located within the 70 dB. This Part 150 includes a measure to study mechanisms to maintain compatible land use and prevent new incompatible land use.
These determinations are set forth-in detail in a Record of Approval endorsed by the Administrator on September 30, 2002. The Record of Approval, as well as other evaluation materials and the documents comprising the submittal, are available at the FAA office listed above and at the administrative offices of the San Antonio International Airport, at 9800 Airport Road, San Antonio, Texas 78216.Start Signature
Issued in Fort Worth, Texas, November 5, 2002.
Naomi L. Saunders,
Manager, Airports Division.
[FR Doc. 02-29454 Filed 11-19-02; 8:45 am]
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