[Federal Register Volume 67, Number 224 (Wednesday, November 20, 2002)]
[Notices]
[Pages 70105-70106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29454]


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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]
BILLING CODE 4910-13-M