[Federal Register Volume 67, Number 129 (Friday, July 5, 2002)]
[Notices]
[Pages 44922-44923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16891]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review, Brownsville/South Padre Island International 
Airport Brownsville, TX

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
determination that the noise exposure maps submitted by the City of 
Brownsville for Brownsville/South Padre Island International Airport 
under the provisions of Title 49 U.S.C., Chapter 475 (hereinafter 
referred to as ``Title 49'' ) and 14 CFR Part 150 are in compliance 
with applicable requirements. The FAA also announces that it is 
reviewing a proposed noise compatibility program that was submitted for 
Brownsville/South Padre Island International Airport under Part 150 in 
conjunction with the noise exposure maps and that this program will be 
approved or disapproved on or before December 22, 2002.

DATES: The effective date of the FAA's determination on the noise 
exposure maps and the start of its review of the associated noise 
compatibility program is June 25, 2002. The public comment period ends 
August 24, 2002.

FOR FURTHER INFORMATION CONTACT: Ms. Nan L. Terry, Department of 
Transportation, Federal Aviation Administration, Fort Worth, Texas 
76193-0650, (817) 222-5607. Comments on the proposed noise 
compatibility program should also be submitted to the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds 
that the noise exposure maps submitted for Brownsville/South Padre 
Island International Airport are in compliance with applicable 
requirements of part 150, effective June 25, 2002. Further, the FAA is 
reviewing a proposed noise compatibility program for that airport

[[Page 44923]]

which will be approved or disapproved on or before December 22, 2002. 
This notice also announces the availability of this program for public 
review and comment.
    Under Title 49, an airport operator may submit to the FAA noise 
exposure maps which meet applicable regulations and which depict 
noncompatible land uses as of the date of submission of such maps, a 
description of projected aircraft operations, and the ways in which 
such operations will affect such maps. Title 49 requires such maps to 
be developed in consultation with interested and affected parties in 
the local community, government agencies, and persons using the 
airport.
    An airport operator who has submitted noise exposure maps that are 
found by the FAA to be in compliance with the requirements of Federal 
Aviation Regulations (FAR) part 150, promulgated pursuant to Title 49, 
may submit a noise compatibility program for FAA approval which sets 
forth the measures the operator has taken or proposes for the reduction 
of existing noncompatible uses and for the prevention of the 
introduction of additional noncompatible uses.
    The City of Brownsville submitted to the FAA on June 17, 2002, 
noise exposure maps, descriptions and other documentation which were 
produced during the Federal Aviation Regulations (FAR) Part 150 Airport 
Noise Compatibility Planning Study for Brownsville/South Padre Island 
International Airport beginning on September 25, 1998. It was requested 
that the FAA review this material as the noise exposure maps, as 
described in Title 49, and that the noise mitigation measures, to be 
implemented jointly by the airport and surrounding communities, be 
approved as a noise compatibility program under Title 49.
    The FAA has completed its review of the noise exposure maps and 
related descriptions submitted by the City of Brownsville. The specific 
maps under consideration are: 1999 Noise Exposure Map Existing 
Condition Noise Exposure Map, Exhibit 4.6 and 2004 Future Condition 
Noise Exposure Map with Existing Runway Configuration, Exhibit 5.2a in 
the submission.
    The FAA has determined that these maps for Brownsville/South Padre 
Island International Airport are in compliance with applicable 
requirements. This determination is effective on June 25, 2002. The 
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, or a commitment to approve a noise compatibility 
program or to fund the implementation of that program.
    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 
Title 49. 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 
the FAA's review of noise exposure maps. Therefore, the responsibility 
for the detailed overlaying of noise exposure contours onto the map 
depicting properties on the surface rests exclusively with the airport 
operator which submitted those maps, or with those public agencies and 
planning agencies with which consultation is required under Title 49. 
The FAA has relied on the certification by the airport operator, under 
section 150.21 of FAR part 150, that the statutorily required 
consultation has been accomplished.
    The FAA has formally received the noise compatibility program for 
the Brownsville/South Padre Island International Airport, also 
effective on June 25, 2002. Preliminary review of the submitted 
material indicates that it conforms to the requirements for the 
submittal of noise compatibility programs, but that further review will 
be necessary prior to approval or disapproval of the program. The 
formal review period, limited by law to a maximum of 180 days, will be 
completed on or before December 22, 2002.
    The FAA's detailed evaluation will be conducted under the 
provisions of 14 CFR part 150, section 150.33. The primary 
considerations in the evaluation process are whether the proposed 
measures may reduce the level of aviation safety, create an undue 
burden on interstate or foreign commerce, or be reasonably consistent 
with obtaining the goal of reducing existing noncompatible land uses 
and preventing the introduction of additional noncompatible land uses.
    Interested persons are invited to comment on the proposed program 
with specific reference to these factors. All comments, other than 
those properly addressed to local land use authorities, will be 
considered by the FAA to the extent practicable. Copies of the noise 
exposure maps, the FAA's evaluation of the maps, and the proposed noise 
compatibility program are available for examination at the following 
locations:

Federal Aviation Administration, Airports Division, 2601 Meacham 
Boulevard, Fort Worth, Texas 76137.

Department of Aviation, City of Brownsville, 700 S. Minnesota Avenue, 
Brownsville, Texas 75821.

    Questions may be directed to the individual named above under the 
heading, for further information contact.

    Issued in Fort Worth, Texas, June 25, 2002.
Naomi L. Saunders,
Manager, Airports Division.
[FR Doc. 02-16891 Filed 7-3-02; 8:45 am]
BILLING CODE 4910-13-M