Approval of Noise Compatibility Program; Corpus Christi International Airport, Corpus Christi, TX

AGENCY:

Federal Aviation Administration, DOT.

ACTION:

Notice

SUMMARY:

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by city of Corpus Christi for Corpus Christi International Airport 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 non-federal responsibilities in Senate Report No. 96-52 (1980). On March 1, 2000, the FAA determined that the noise exposure maps submitted by the city of Corpus Christi for Corpus Christi International Airport under part 150 were in compliance with applicable requirements. On August 28, 2000, 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 Corpus Christi International Airport is August 28, 2000.

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 Corpus Christi International Airport, effective August 28, 2000.

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 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 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, § 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 Fort Worth, Texas.

The city of Corpus Christi submitted to the FAA on January 10, 2000, the noise exposure maps, descriptions, and other documentation produced during the noise compatibility planning study conducted from July 1995 through January 2000. The Corpus Christi International Airport noise exposure maps were determined by the FAA to be in compliance with applicable requirements on March 1, 2000. Notice of this determination was published in the Federal Register on March 14, 2000.

The Corpus Christi 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 reevaluate and approve this material as a noise compatibility program as described in Title 49. The FAA began its review of the program on March 1, 2000, 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 nine 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 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 August 28, 2000. 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 Corpus Christi, 1000 International Drive, Corpus Chrisiti, Texas 78406-1801.