

[Federal Register: December 20, 2007 (Volume 72, Number 244)]
[Notices]               
[Page 72437-72438]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de07-117]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

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

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 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 Austin-Bergstrom 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 
Austin-Bergstrom 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 Austin-
Bergstrom 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 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 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 Austin-Bergstrom 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

[[Page 72438]]

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
