[Federal Register: March 5, 2004 (Volume 69, Number 44)]
[Notices]
[Page 10502-10503]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr04-145]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Revised Noise Compatibility Program Notice, Austin-Bergstrom
International Airport, Texas; Austin, TX
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the revision to the Noise Compatibility Program (NCP)
submitted by the city of Austin, Texas, 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 non-Federal
responsibilities in Senate Report No. 96-52 (1980). The revised NCP was
submitted subsequent to a determination by the FAA that associated
Noise Exposure Maps (NEM) submitted under 14 CFR part 150 for Austin-
Bergstrom International Airport were in compliance with applicable
requirements effective April 29, 2000. On February 11, 2004, the FAA
approved the Austin-Bergstrom International Airport revised NCP. All of
the revised recommendations of the program were approved.
EFFECTIVE DATE: The effective date of the FAA's approval of the Austin-
Bergstrom International Airport revised NCP is February 11, 2004.
FOR FURTHER INFORMATION CONTACT: Mr. Paul E. Blackford, Department of
Transportation, Federal Aviation Administration, 2601 Meacham Blvd.,
Forth Worth, TX 76137-4298, (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 revised NCP for the city of Austin, Austin-
Bergstrom International Airport effective February 11, 2004.
Under section 47504 of the Act, an airport operator who has
previously submitted a NEM may submit to the FAA a NCP 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 NEM.
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 NCP 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 NCP 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 the FAA's approval of an
airport NCP 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 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 project grants must be submitted to the FAA regional
office in Fort Worth, Texas.
The FAA has determined the NEM, previously submitted for the
Austin-Bergstrom International Airport, and approved by the FAA on May
8, 2000, continue to represent the present noise environment and an
update to the NEM is not required.
On November 7, 2000, the FAA approved the Austin-Bergstrom
International Airport NCP. The program was comprised of five measures
designed for phased implementation by airport management and adjacent
jurisdictions.
The city of Austin submitted a revised NCP to the FAA and requested
the FAA evaluate and approve this material as a revision to the
existing NCP as described in section 47504 of the Act. The FAA began
its review of the program on August 15, 2003, and was required by a
provision of the Act to approve or disapprove the program within 180
days (other than the use of
[[Page 10503]]
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.
Outright approval was granted for two proposed action elements in
the revised NCP where the city of Austin requested Federal approval.
Approved action items include land mitigation measures consisting of a
land acquisition program and a sound insulation program.
These determinations are set forth in a Record of Approval signed
by the Associate Administrator for Airports on February 11, 2004. 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
administrative offices of: City of Austin, Department of Aviation,
Austin-Bergstrom International Airport, 3600 Presidential Boulevard,
Austin, Texas 78719.
Issued in Fort Worth, Texas, February 19, 2004.
Joseph G. Washington,
Acting Manager, Airports Division.
[FR Doc. 04-5042 Filed 3-4-04; 8:45 am]
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