[Federal Register: November 20, 2002 (Volume 67, Number 224)]
[Notices]
[Page 70105-70106]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no02-100]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program, San Antonio
International Airport, San Antonio, TX
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 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.
DATES: The effective date of the FAA's approval of the San Antonio
International Airport, San Antonio, Texas, noise compatibility program
is September 30, 2002.
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.
SUPPLEMENTARY 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.
[[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.
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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