[Federal Register Volume 68, Number 19 (Wednesday, January 29, 2003)]
[Notices]
[Pages 4533-4534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2058]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program 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 
findings on the noise compatibility program submitted by city of 
Brownsville for Brownsville/South Padre Island International Airport 
under the provisions of Title 49, USC, Chapter 475 and CFR part 150. 
These findings are made in recognition of the description of Federal 
and non-Federal responsibilities in Senate Report No. 96-52 (1980). On 
June 25, 2002, the FAA determined that the noise exposure maps 
submitted by the city of Brownsville for Brownsville/South Padre Island 
International Airport under Part 150 were in compliance with applicable 
requirements. On December 22, 2002, the Administrator approved the 
noise compatibility program. Most of the recommendations of the program 
were approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the noise 
compatibility program for Brownsville/South Padre Island International 
Airport is December 22, 2002.

FOR FURTHER INFORMATION CONTACT: Ms. 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 
Brownsville/South Padre Island International Airport, effective 
December 22, 2002.
    Under Title 49 USC, 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 non-compatible 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

[[Page 4534]]

agencies, airport users, and FAA personnel.
    Each airport noise compatibility program developed in accordance 
with Federal Aviation Regulations (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 provisions and procedures of FAR Part 150,
    b. Program measures are reasonably consistent with achieving the 
goals of reducing existing non-compatible land uses around the airport 
and preventing the introduction of additional non-compatible 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 the FAA's approval of an 
airport noise compatibility program are delineated in FAR part 150, 
Sec.  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 a 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, requests for project grants must 
be submitted to the FAA Airports Division Office in Forth Worth, Texas.
    The city of Brownsville submitted to the FAA the noise exposure 
maps, descriptions, and other documentation produced during the noise 
compatibility planning study. The Brownsville/South Padre Island 
International Airport noise exposure maps were determined by the FAA to 
be in compliance with applicable requirements on June 25, 2002. Notice 
of this determination was published in the Federal Register on June 25, 
2002.
    The Brownsville/South Padre Island 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 to the year 2005. It 
was requested that the FAA re-evaluate and approve this material as a 
noise compatibility program as described in Title 49. The FAA began its 
review of the program 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.
    The submitted program contained thirteen proposed actions for noise 
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 overall program, therefore, 
was approved by the Administrator effective December 22, 2002.
    Approval in part was granted for 12 of the 13 proposed action 
elements in the noise compatibility program proposed action elements in 
the noise compatibility program. The specific FAA action for each noise 
compatibility program element is set forth in the enclosed Record of 
Approval. The Administrator disapproved one of the thirteen proposed 
action elements in the noise compatibility program, pending submission 
of additional analysis. All of the approval and disapproval actions are 
more fully explained in the enclosed Record of Approval.
    These determinations are set forth-in detail in a Record of 
Approval endorsed by the Administrator on December 22, 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 Department of Aviation, City 
of Brownsville, 700 S. Minnesota Avenue, Brownsville/South Padre Island 
International Airport, Brownsville, Texas 78521.

    Issued in Forth Worth, Texas, January 22, 2003.
Naomi L. Saunders,
Manager, Airports Division.
[FR Doc. 03-2058 Filed 1-28-03; 8:45 am]
BILLING CODE 4910-13-M