[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Notices]
[Pages 10502-10503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5042]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Revised Noise Compatibility Program Notice, Austin-Bergstrom 
International Airport, Texas; Austin, TX

AGENCY: Federal Aviation Administration, DOT.

ACTION:  Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the revision to the Noise Compatibility Program (NCP) 
submitted by the city of Austin, Texas, 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 non-Federal 
responsibilities in Senate Report No. 96-52 (1980). The revised NCP was 
submitted subsequent to a determination by the FAA that associated 
Noise Exposure Maps (NEM) submitted under 14 CFR part 150 for Austin-
Bergstrom International Airport were in compliance with applicable 
requirements effective April 29, 2000. On February 11, 2004, the FAA 
approved the Austin-Bergstrom International Airport revised NCP. All of 
the revised recommendations of the program were approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the Austin-
Bergstrom International Airport revised NCP is February 11, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. Paul E. Blackford, Department of 
Transportation, Federal Aviation Administration, 2601 Meacham Blvd., 
Forth Worth, TX 76137-4298, (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 revised NCP for the city of Austin, Austin-
Bergstrom International Airport effective February 11, 2004.
    Under section 47504 of the Act, an airport operator who has 
previously submitted a NEM may submit to the FAA a NCP 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 land uses within the area covered by the NEM. 
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 NCP 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 NCP 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 NCP 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, 
requests for project grants must be submitted to the FAA regional 
office in Fort Worth, Texas.
    The FAA has determined the NEM, previously submitted for the 
Austin-Bergstrom International Airport, and approved by the FAA on May 
8, 2000, continue to represent the present noise environment and an 
update to the NEM is not required.
    On November 7, 2000, the FAA approved the Austin-Bergstrom 
International Airport NCP. The program was comprised of five measures 
designed for phased implementation by airport management and adjacent 
jurisdictions.
    The city of Austin submitted a revised NCP to the FAA and requested 
the FAA evaluate and approve this material as a revision to the 
existing NCP as described in section 47504 of the Act. The FAA began 
its review of the program on August 15, 2003, and was required by a 
provision of the Act to approve or disapprove the program within 180 
days (other than the use of

[[Page 10503]]

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.
    Outright approval was granted for two proposed action elements in 
the revised NCP where the city of Austin requested Federal approval. 
Approved action items include land mitigation measures consisting of a 
land acquisition program and a sound insulation program.
    These determinations are set forth in a Record of Approval signed 
by the Associate Administrator for Airports on February 11, 2004. 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 
administrative offices of: City of Austin, Department of Aviation, 
Austin-Bergstrom International Airport, 3600 Presidential Boulevard, 
Austin, Texas 78719.

    Issued in Fort Worth, Texas, February 19, 2004.
Joseph G. Washington,
Acting Manager, Airports Division.
[FR Doc. 04-5042 Filed 3-4-04; 8:45 am]
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