[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Notices]
[Pages 52151-52152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17381]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Compatibility Program Revision Notice; Austin, TX

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the Noise Compatibility Program revision submitted by the 
city of Austin 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 April 5 and May 8, 2000, The FAA determined that the noise 
exposure maps submitted by the city of Austin under part 150 complied 
with applicable requirements. On August 5, 2005, the FAA approved a 
revision to the Austin-Bergstrom International Airport Noise 
Compatibility Program. The program measure in this revision was fully 
approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the Austin-
Bergstrom International Airport Noise Compatibility Program revision is 
August 5, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Blackford, Environmental

[[Page 52152]]

Specialist, Federal Aviation Administration, Texas Airports Development 
Office, ASW-650, 2601 Meacham Boulevard, Fort Worth, Texas 76193-0650. 
Telephone (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 revision for 
Austin-Bergstrom International Airport, effective August 5, 2005.
    Under section 47504 of the Act, an airport operator who has 
previously submitted a noise exposure 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 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's 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 Fort Worth, Texas.
    The city of Austin submitted to the FAA on April 5, 1999, the noise 
exposure maps, descriptions, and other documentation produced during 
the noise compatibility planning study conducted from August 1998 
through March 1999. Subsequently, the city submitted a revised 2004 
noise exposure map, which the FAA approved on May 8, 2000. The Austin-
Bergstrom International Airport's noise exposure maps were determined 
by FAA to be in compliance with applicable requirements on April 5, 
1999 and May 8, 2000. Notices of these determinations were published in 
the Federal Register on April 20, 1999 and May 25, 2000, respectively.
    The Austin-Bergstrom International Airport study contains a 
proposed Noise Compatibility Program revision comprised of actions 
designed for phased implementation by airport management and adjacent 
jurisdictions. It was requested that the FAA evaluate and approve this 
material as a Noise Compatibility Program revision as described in 
section 47504 of the Act. The FAA began its review of the program 
revision on February 11, 2005, 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 an approval of such program.
    The submitted program revision contained one (1) proposed action 
for noise mitigation off the airport. The FAA completed its review and 
determined that the procedural land substantive requirements of the Act 
and FAR Part 150 have been satisfied. The overall program revision, 
therefore, was approved by the FAA effective August 5, 2005.
    Outright approval was granted for the one (1) specific program 
measure. Approved action elements included a land use mitigation 
measure involving a land acquisition program and a sound insulation 
program. These determinations are set forth in detail in a Record of 
Approval signed by the Associate Administrator for Airports, ARP-1, on 
August 5, 2005. 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 Austin-Bergstrom 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, August 24, 2005.
Kelvin L. Solco,
Manager, Airports Division.
[FR Doc. 05-17381 Filed 8-31-05; 8:45 am]
BILLING CODE 4910-13-M