70 FR 169 pgs. 52151-52152 - Noise Compatibility Program Revision Notice; Austin, TX
Type: NOTICEVolume: 70Number: 169Pages: 52151 - 52152
FR document: [FR Doc. 05-17381 Filed 8-31-05; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Noise Compatibility Program Revision Notice; Austin, TX
AGENCY:
Federal Aviation Administration, DOT.
ACTION:
Notice.
SUMMARY:
The Federal Aviation Administration (FAA) announces its findings on the Noise Compatibility Program revision 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 April 5 and May 8, 2000, The FAA determined that the noise exposure maps submitted by the city of Austin under part 150 complied with applicable requirements. On August 5, 2005, the FAA approved a revision to the Austin-Bergstrom International Airport Noise Compatibility Program. The program measure in this revision was fully approved.
EFFECTIVE DATE:
The effective date of the FAA's approval of the Austin-Bergstrom International Airport Noise Compatibility Program revision is August 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Mr. Paul Blackford, Environmental Specialist, Federal Aviation Administration, Texas Airports Development Office, ASW-650, 2601 Meacham Boulevard, Fort Worth, Texas 76193-0650. Telephone (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 revision for Austin-Bergstrom International Airport, effective August 5, 2005.
Under section 47504 of the Act, an airport operator who has previously submitted a noise exposure 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's 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 orforeign commerce, unjustly discriminate against types or classes ofaeronautical uses, violate the terms of airport grant agreements, orintrude into areas preempted by the Federal Government; and
d. Program measures relating to the use of flight procedures can beimplemented within the period covered by the program without derogatingsafety, adversely affecting the efficient use and management of thenavigable airspace and air traffic control systems, or adverselyaffecting other powers and responsibilities of the Administratorprescribed by law.
Specific limitations with respect to FAA's approval of an Airport NoiseCompatibility Program are delineated in FAR Part 150, section 150.5.Approval is not a determination concerning the acceptability of land usesunder Federal, state, or local law. Approval does not by itselfconstitute an FAA implementing action. A request for Federal action orapproval to implement specific noise compatibility measures may berequired, and an FAA decision on the request may require an environmentalassessment of the proposed action. Approval does not constitute acommitment by the FAA to financially assist in the implementation of theprogram nor a determination that all measures covered by the program areeligible for grant-in-aid funding from the FAA. Where Federal funding issought, requests for project grants must be submitted to the FAA regionaloffice in Fort Worth, Texas.
The city of Austin submitted to the FAA on April 5, 1999, the noiseexposure maps, descriptions, and other documentation produced during the noise compatibility planning study conducted from August 1998 throughMarch 1999. Subsequently, the city submitted a revised 2004 noiseexposure map, which the FAA approved on May 8, 2000.The Austin-Bergstrom International Airport's noise exposure maps were determined byFAA to be in compliance with applicable requirements on April 5, 1999 andMay 8, 2000. 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 proposedNoise Compatibility Program revision comprised of actions designed forphased implementation by airport management and adjacent jurisdictions.It was requested that the FAA evaluate and approve this material as aNoise Compatibility Program revision as described in section 47504 of theAct. The FAA began its review of the program revision on February 11,2005, and was required by a provision of the Act to approve or disapprovethe program within 180 days (other than the use of new or modified flightprocedures for noise control). Failure to approve or disapprove suchprogram within the 180-day period shall be deemed an approval of suchprogram.
The submitted program revision contained one (1) proposed action fornoise mitigation off the airport. The FAA completed its review anddetermined that the procedural land substantive requirements of the Actand FAR Part 150 have been satisfied. The overall program revision,therefore, was approved by the FAA effective August 5, 2005.
Outright approval was granted for the one (1) specific program measure.Approved action elements included a land use mitigation measure involvinga land acquisition program and a sound insulation program. Thesedeterminations are set forth in detail in a Record of Approval signed bythe Associate Administrator for Airports, ARP-1, on August 5, 2005. TheRecord of Approval, as well as other evaluation materials and thedocuments comprising the submittal, are available for review at the FAAoffice 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/14cfr150/index14.cfm.
Issued in Fort Worth, Texas, August 24, 2005.
Kelvin L. Solco,
Manager, Airports Division.
[FR Doc. 05-17381 Filed 8-31-05; 8:45 am]
BILLING CODE 4910-13-M