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###### Department of Transportation

###### Federal Aviation Administration

# AGENCY:

Federal Aviation Administration, DOT.

# ACTION:

Notice.

# SUMMARY:

The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by City of Austin for Austin-Bergstrom International Airport under the provisions of Title 49 USC, Chapter 475 (hereinafter referred to as  “Title 49” 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 Austin-Bergstrom International Airport under Part 150 in conjunction with the noise exposure maps and that this program will be approved or disapproved on or before November 8, 2000.

# 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 are May 9, 2000. The public comment period ends July 8, 2000.

# FOR FURTHER INFORMATION CONTACT:

Nan L. Terry, Department of Transportation, Federal Aviation Administration, Fort Worth, Texas, 76193-0652, (817) 222-5607. 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 map submitted for Austin-Bergstrom International Airport is in compliance with applicable requirements of Part 150, effective May 8, 2000. Further, FAA is reviewing a proposed noise compatibility program for that airport which will be approved or disapproved on or before November 8, 2000. This notice also announces the availability of this program for public review and comment.

Under Title 49, 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. Title 49 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 49, 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.

                    On April 20, 1999, FAA published its approval of noise exposure maps for the Austin-Bergstrom International Airport in the                     **Federal Register.**                     On April 10, 2000, the City of Austin submitted a new 2004 noise exposure map. The FAA has completed its review of the 2004 the noise exposure maps and related descriptions submitted by City of Austin. The specific map under consideration is 2004 Future Condition Noise Exposure Map, Figure 10-1 in the submission.                

In addition to the 2004 future condition noise exposure map, the City of Austin submitted to the FAA on April 10, 2000, descriptions and other documentation which were produced during Austin-Bergstrom International Airport, Austin, Texas, Part 150 Noise Compatibility Study. It was requested that the FAA review this material as the noise exposure map, as described in Title 49, and that the noise mitigation measures, to be implemented jointed by the airport and surrounding communities, be approved as a noise compatibility program under Title 49.

                    The FAA has determined that this map for Austin-Bergstrom International Airport is in compliance with applicable requirements. This determination is effective on May 8, 2000. FAA's determination on an airport operator's noise exposure map(s) is limited to a finding that the map(s) was 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.                          ( print page 33869)    

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 Title 49. These functions are inseparable from the ultimate land use control and planning responsibilities of local government. These local responsibilities are not changed in any way under Part 150 or through FAA's review of 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 Title 49. The FAA has relied on the certification by the airport operator, under § 150.21 of FAR Part 150, that the statutorily required consultation has been accomplished.

The FAA has formally received noise compatibility program for Austin-Bergstrom International Airport, also effective on May 8, 2000. 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 November 8, 2000.

The FAA's detailed evaluation will be conducted under the provisions of 14 CFR Part 150, section 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 map, the FAA's evaluation of the map, and the proposed noise compatibility program are available for examination at the following locations:

Federal Aviation Administration, Airports Division, 2601 Meacham Boulevard, Fort Worth, Texas 76137

Austin-Bergstrom International Airport, City of Austin, Aviation Department, 3600 Presidential Blvd., Austin, Texas 78719 

                    Questions may be directed to the individual named above under the heading,                     **FOR FURTHER INFORMATION CONTACT**                    .                

Issued in Fort Worth, Texas, May 9, 2000.

Joseph G. Washington,

Acting Manager, Airports Division.

[FR Doc. 00-13181  Filed 5-24-00; 8:45 am]

BILLING CODE 4910-13-M