Federal Register / Vol. 72, No. 244 / Thursday, December 20, 2007 / Notices 72437 

SUPPLEMENTARY INFORMATION: On April 

5, 2000, new authorizing legislation 

became effective. That bill, the Wendell 

H. Ford Aviation Investment and 

Reform Act for the 21st Century, Public 

Law 10–181 (April 5, 2000; 114 Stat. 61) 

(AIR 21) requires that a 30 day public 

notice must be provided before the 

Secretary may waive any condition 

imposed on an interest in surplus 

property. 

Issued in Beckley, West Virginia on 

December 7, 2007. 

Matthew P. DiGiulian, 

Acting Manager, Beckley Airport District 

Office, Eastern Region. 

[FR Doc. 07–6110 Filed 12–19–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Noise Compatibility Program Notice; 

Austin-Bergstrom International 

Airport; Austin, TX 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

findings on the noise compatibility 

program 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 February 15, 2007, the 

FAA determined that the noise exposure 

maps submitted by the City of Austin 

under Part 150 were in compliance with 

applicable requirements. On December 

7, 2007, the FAA approved the AustinBergstrom International Airport noise 

compatibility program. All of the 

recommendations of the program were 

approved. No program elements relating 

to new or revised flight procedures for 

noise abatement were proposed by the 

airport operator. 

DATES: Effective Date: The effective date 

of the FAA’s approval of the AustinBergstrom International Airport noise 

compatibility program is December 7, 

2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Paul E. Blackford, Department of 

Transportation, Federal Aviation 

Administration, Fort Worth, Texas 

76193–0650, (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 for AustinBergstrom International Airport, 

effective December 7, 2007. Under 

section 47504 of the Act, 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 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 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 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 

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 August 14, 2007, the noise 

exposure maps, descriptions, and other 

documentation produced during the 

noise compatibility planning study 

conducted from December 15, 2005 

through August 14, 2007. The AustinBergstrom International Airport noise 

exposure maps were determined by 

FAA to be in compliance with 

applicable requirements on February 15, 

2007. Notice of this determination was 

published in the Federal Register on 

February 23, 2007. 

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 from 

December 7, 2007 beyond the year 2012. 

It was requested that the FAA evaluate 

and approve this material as a noise 

compatibility program as described in 

section 47504 of the Act. The FAA 

began its review of the program on 

August 14, 2007 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 to be an approval of such 

program. 

The submitted program contained 

three proposed actions for noise 

mitigation off and on the airport. The 

FAA completed its review and 

determined that the procedural and 

substantive requirements of the Act and 

FAR Part 150 have been satisfied. The 

overall program, therefore, was 

approved by the FAA effective 

December 7, 2007. 

Outright approval was granted for all 

of the specific program elements. 

Approved measures consisted of (1) 

acquisition of noise sensitive land uses, 

(2) upgrade of the existing noise 


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72438 Federal Register / Vol. 72, No. 244 / Thursday, December 20, 2007 / Notices 

monitoring system, and (3) the 

recommendation that the operating 

characteristics of the airport be 

monitored to ensure the accuracy of the 

noise exposure maps. 

These determinations are set forth in 

detail in a Record of Approval signed by 

the Southwest Region, Airports Division 

Manager on December 7, 2007. 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/14cfr/150/ 

index14.cfm. 

Issued in Fort Worth, Texas, December 11, 

2007. 

Kelvin L. Solco, 

Manager, Airports Division. 

[FR Doc. 07–6108 Filed 12–19–07; 8:45 am] 

BILLING CODE 4910-13-M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Noise Exposure Map Notice: Receipt of 

Noise Compatibility Program and 

Request For Review 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

determination that the noise exposure 

maps submitted by Columbus Regional 

Airport Authority for Port Columbus 

International Airport under the 

provisions of 49 U.S.C. 47501, et seq. 

(Aviation Safety and Noise Abatement 

Act) 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 Port Columbus 

International Airport under Part 150 in 

conjunction with the noise exposure 

maps, and that this program will be 

approved or disapproved on or before 

June 1, 2008. 

DATES: Effective Date: The effective date 

of the FAA’s determination on the noise 

exposure maps and of the start of its 

review of the associated noise 

compatibility program is December 5, 

2007. The public comment period ends 

February 2, 2008. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Katherine S. Jones, Federal Aviation 

Administration, Detroit Airports District 

Office, 11677 South Wayne Road, Suite 

107, Romulus, Michigan, phone number 

(734) 229–2958. 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 Port Columbus International Airport 

are in compliance with applicable 

requirements of Part 150, effective 

December 5, 2007. Further, FAA is 

reviewing a proposed noise 

compatibility program for that airport 

which will be approved or disapproved 

on or before June 1, 2008. This notice 

also announces the availability of this 

program for public review and 

comment. 

Under 49 U.S.C. 47501, et seq. (the 

Aviation Safety and Noise Abatement 

Act, hereinafter referred to as ‘‘the 

Act’’), an airport operator may submit to 

the FAA noise exposure maps which 

meet applicable regulations and which 

depict non-compatible 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 FAA to be in compliance with 

the requirements of Federal Aviation 

Regulations (FAR) Part 150, 

promulgated pursuant to the Act, may 

submit a noise compatibility program 

for FAA approval which sets forth the 

measures the operator has taken or 

proposes to take to reduce existing noncompatible uses. 

Columbus Regional Airport Authority 

submitted to the FAA on November 27, 

2007 noise exposure maps, descriptions 

and other documentation that were 

produced during the Port Columbus 

International Airport Part 150 Noise 

Compatibility Program Update, 

November 2007. It was requested that 

the FAA review this material as the 

noise exposure maps, as described in 

section 47503 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 47504 of the Act. 

The FAA has completed its review of 

the noise exposure maps and related 

descriptions submitted by Columbus 

Regional Airport Authority. The specific 

documentation determined to constitute 

the noise exposure maps includes: 

Existing (2006) Noise Exposure Map 

(NEM–1) and Future (2012) NEM with 

Noise Compatibility Program (NCP) 

(NEM–2). The Part 150 Noise 

Compatibility Program Update contains 

the required information for section 

47503 of the Act and section A150.101 

including the following specific 

references: current and forecast 

operations in Appendix J, Table 10; fleet 

mix and nighttime operations in 

Appendix C–Table C–1, C–2, C–3, C–4; 

flight patterns in Appendix C—Exhibits 

C–6, C–7, C–8, C–9, C–10, C–11, C–12, 

C–13, C–14, C–15, C–16, C–17, C–18, 

and land use in Exhibit 2–3. The FAA 

has determined that these maps for Port 

Columbus International Airport are in 

compliance with applicable 

requirements. This determination is 

effective on December 5, 2007. 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 constitute 

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 47503 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 47506 of the 

Act. 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 14 

CFR 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 that submitted those 

maps, or with those public agencies and 

planning agencies with which 

consultation is required under section 

47503 of the Act. The FAA has relied on 

the certification by the airport operator, 

under 14 CFR 150.21 of FAR part 150, 

that the statutorily required consultation 

has been accomplished. 

The FAA has formally received the 

noise compatibility program for Port 

Columbus International Airport, also 


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