[Federal Register Volume 65, Number 235 (Wednesday, December 6, 2000)]
[Notices]
[Pages 76337-76338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31088]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Austin-Bergstrom 
International Airport, Austin, Texas

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by the City of 
Austin for Austin-Bergstrom 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 April 5, 1999, 
the FAA determined that the noise exposure maps submitted by the City 
of Austin for Austin-Bergstrom International Airport under part 150 
were in compliance with applicable requirements. Subsequently, the City 
submitted a revised 2004 noise exposure map, which the FAA approved on 
May 8, 2000. On November 7, 2000, the Administrator approved the noise 
compatibility program. The measures requiring Federal approval of the 
program were approved.

DATES: The effective date of the FAA's approval of the noise 
compatibility program for Austin-Bergstrom International Airport is 
November 7, 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 maybe reviewed at this same location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the noise compatibility program for the City of 
Austin for Austin-Bergstrom International Airport effective November 7, 
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

[[Page 76338]]

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 noncompatible 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, 
Sec. 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 program grants must 
be submitted to the FAA Airports Division Office in Forth Worth, Texas.
    The City of Austin submitted to the FAA on May 25, 2000, the noise 
exposure maps, descriptions, and other documentation produced during 
the noise compatibility planning study conducted from October 1998 
through May 2000. On April 5, 1999, the FAA determined that the noise 
exposure maps submitted by the City of Austin for Austin-Bergstrom 
International Airport under part 150 were in compliance with applicable 
requirements. 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 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 as described in Title 49. The FAA began its 
review of the program on May 8, 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 three proposed actions for noise 
mitigation on and off the airport that requested FAA approval. 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 program, therefore, was approved by the Administrator effective 
November 7, 2000.
    Outright approval was granted for the three proposed action 
elements in the noise compatibility program where the City of Austin 
requested federal approval. Approved action elements included a ``Fly 
Quiet Program'' involving a voluntary preferential runway use policy 
and flight track management procedures, land use mitigation measures 
involving a land acquisition program and a sound insulation program, 
and program management measures involving a flight track and noise 
monitoring system, and provisions for updating the noise exposure map 
and noise compatibility program. These determinations are set forth in 
detail in a Record of Approval endorsed by the Administrator on 
November 7, 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: City 
of Austin, Department of Aviation, Austin-Bergstrom International 
Airport, 3600 Presidential Boulevard, Austin, Texas 78719.

    Issued in Fort Worth, Texas, November 20, 2000.
Naomi L. Saunders,
Manager, Airports Division.
[FR Doc. 00-31088 Filed 12-5-00; 8:45 am]
BILLING CODE 4910-13-M