[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6968]


[[Page Unknown]]

[Federal Register: March 24, 1994]


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DEPARTMENT OF TRANSPORTATION
 

Noise Exposure Map Notice; Receipt of Noise Compatibility Program 
and Request for Review; New Austin Airport at Bergstrom Air Force Base 
Austin, 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 
Austin for the New Austin Airport at Bergstrom Air Force Base under the 
provisions of Title I of the Aviation Safety and Noise Abatement Act of 
1979 (Pub. L. 96-193) 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 the New 
Austin Airport at Bergstrom Air Force Base under Part 150 in 
conjunction with the noise exposure maps and that this program will be 
approved or disapproved on or before August 10, 1994.

EFFECTIVE DATE: 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 February 11, 1994. The public comment period 
ends April 12, 1994.

FOR FURTHER INFORMATION CONTACT:
William A. Perkins, Department of Transportation, Federal Aviation 
Administration, 2601 Meacham Boulevard, Fort Worth, Texas 76173-0652, 
(817) 222-5652. 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 the New Austin Airport at 
Bergstrom Air Force Base are in compliance with applicable requirements 
of part 150, effective February 11, 1994. Further, FAA is reviewing a 
proposed noise compatibility program for that airport which will be 
approved or disapproved on or before August 10, 1994. This notice also 
announces the availability of this program for public review and 
comment.

    Under section 103 of Title I of the Aviation Safety and Noise 
Abatement Act of 1979 (hereinafter referred to as ``the Act''), 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. The Act 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 I of 
the Act, 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 Austin submitted to the FAA on February 11, 1994, noise 
exposure maps, descriptions and other documentation which were produced 
during the FAR part 150 Noise Study, February 1994. It was requested 
that the FAA review this material as the noise exposure maps, as 
described in section 103(a)(1) of the Act, and that the noise 
mitigation measures, to be implemented jointly by the airport and 
surrounding communities, be approved as a noise compatibility program 
under section 104(b) of the Act.
    The FAA has completed its review of the noise exposure maps and 
related descriptions submitted by the city of Austin. The specific maps 
under consideration are Figure 10.1--1993 Existing Conditions (NEM) 
following page 10.2 and Figure 10.2--1998 NEM following page 10.3 in 
the submission.
    The FAA has determined that these maps for the New Austin airport 
at Bergstrom Air Force Base are in compliance with applicable 
requirements. This determination is effective on February 11, 1994. 
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 
Section 107 of the Act.These functions are inseparable from the 
ultimate land use control and plannng responsibilities of local 
Government.These local responsibilities are not changed in any way 
under Part 150 or through 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 Section 103 of the Act. The FAA has 
relied on the certification by the airport operator, under Sec. 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 New Austin Airport at Bergstrom Air Force Base also effective on 
February 11, 1994 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 August 10, 1994.
    The FAA's detailed evaluation will be conducted under the 
provisions of 14 CFR part 150, Sec. 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, 800 Independence Avenue, SW., room 
617, Washington, DC 20591.
Federal Aviation Administration, Texas Airport Development Office, 2601 
Meacham Boulevard, Fort Worth, TX 76173-0650,
Mr. Charles Gates, Director of Aviation, division of Aviation, 3600 
Manor Road, Austin, TX 78723.

    Questions may be directed to the individual named above under the 
heading, FOR FURTHER INFORMATION CONTACT.
    Issued in Fort Worth, Texas, February 11, 1994.
John M. Dempsey,
Manager, Airports Division.
[FR Doc. 94-6968 Filed 3-23-94; 8:45 am]
BILLING Code 4910-13-M