[Federal Register Volume 72, Number 134 (Friday, July 13, 2007)]
[Notices]
[Pages 38650-38651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3407]


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DEPARTMENT OF TRANSPORTATION


Noise Compatibility Program Notice; Laredo International Airport; 
Laredo, 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 
Laredo under the provisions of 49 U.S.C. (the Aviation Safety and Noise 
Abatement Act, hereinafter referred to as ``the Act'') and 14 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 September 22, 2005, the FAA determined that the noise 
exposure maps submitted by the City of Laredo under Part 150 were in 
compliance with applicable requirements. On June 22, 2007, the FAA 
approved the Laredo International Airport noise compatibility program. 
Most of the recommendations of the program were approved. No program 
elements relating to new or revised flight procedures for noise 
abatement were proposed by the airport operator.

DATES: Effective Date: The effective date of the FAA's approval of the 
Laredo International Airport noise compatibility program is June 22, 
2007.

FOR FURTHER INFORMATION CONTACT: (Mr. Paul E. Blackford, Department of 
Transportation, Federal Aviation Administration, Fort Worth, Texas 
76193-0650, (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 Laredo 
International Airport, effective June 22, 2007.
    Under section 47504 of the Act, 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 and prevention of additional non-compatible

[[Page 38651]]

land uses within the area covered by the noise exposure maps. The Act 
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 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 the act 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 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 an 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 regional office in For Worth, Texas.
    The City of Laredo submitted to the FAA on February 28, 2007, the 
noise exposure maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from October 
27, 2004, through December 18, 2006. The Laredo International Airport 
noise exposure maps were determined by FAA to be in compliance with 
applicable requirements on September 22, 2005. Notice of this 
determination was published in the Federal Register on September 30, 
2005.
    The Laredo International Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
January 4, 2007 beyond the year 2010. It was requested that the FAA 
evaluate and approve this material as a noise compatibility program as 
described in section 47504 of the Act. The FAA began its review of the 
program on February 28, 2007, and was required by a provision of the 
Act to approve or disapprove the program within 180 days (other than 
the use of new or modified 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 seven proposed actions for noise 
mitigation off the airport. The FAA completed its review and determined 
that the procedural and substantive requirements of the Act and FAR 
Part 150 have been satisfied. The overall program, therefore, was 
approved by the FAA effective June 22, 2007.
    Outright approval was granted for five of the specific program 
elements. One element was disapproved and one element was approved in 
part. The disapproved Element proposed to offer fee simple acquisition, 
or the purchase of an avigation easement from owners of vacant land in 
the squared off 65 DNL contour.
    Vacant land is considered a compatible land use and the City of 
Laredo has adequate controls in place to prevent noncompatible land use 
development. The disapprove in part element proposed to replace the 
noise contours in city Ordinance No. 94-0-012 with worst-case scenario 
contours developed by the City. Replacement of the contours included in 
the City Ordinance with the contours shown in the 2010 Future Condition 
Noise Exposure Map With Program Implementation was approved. 
Replacement of Ordinance Contours with the worst-case scenario contours 
was disapproved for purposes of Part 150. Three elements proposed fee 
simple acquisition, sound insulation, or purchase of an avigation 
easement in separate geographical areas around the airport. The three 
measures were approved. One of the remaining two elements proposed 
coordination with the Texas Real Estate Commission to gain approval of 
a modification to the Seller's Disclosure form. The revision would 
require depiction of the property location within the boundaries of the 
Noise Exposure Map. The remaining element proposed an update to the 
Noise Exposure Maps and Noise Compatibility Program should noise levels 
significantly increase or decrease. Both elements were approved.
    These determinations are set forth-in detail in a Record of 
Approval signed by the Southwest Region, Airports Division Manager on 
June 22, 2007. The Record of Approval, as well as other evaluation 
materials and the documents comprising the submittal, are available for 
review at the FAA office listed above and at the administrative offices 
of the Laredo International Airport. The Record of Approval also will 
be available on-line at http://www.faa.gov/arp/environmental/14cfr150/index14.cfm.

    Issued in Fort Worth, Texas, July 3, 2007.
Kelvin L. Solco,
Manager, Airports Division.
[FR Doc. 07-3407 Filed 7-12-07; 8:45 am]
BILLING CODE 4910-13-M