Noise Exposure Map Notice; Receipt of Noise Compatibility Program and Request for Review; New Austin Airport at Bergstrom Air Force Base Austin, TX

DEPARTMENT OF TRANSPORTATION

Noise Exposure Map Notice; Receipt of Noise Compatibility Program

and Request for Review; New Austin Airport at Bergstrom Air Force Base

Austin, TX

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its

determination that the noise exposure maps submitted by the city of

Austin for the New Austin Airport at Bergstrom Air Force Base under the

provisions of Title I of the Aviation Safety and Noise Abatement Act of

1979 (Pub. L. 96-193) 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 the New

Austin Airport at Bergstrom Air Force Base under Part 150 in

conjunction with the noise exposure maps and that this program will be

approved or disapproved on or before August 10, 1994.

EFFECTIVE DATE: The effective date of the FAA's determination on the

noise exposure maps and the start of its review of the associated noise

compatibility program is February 11, 1994. The public comment period

ends April 12, 1994.

FOR FURTHER INFORMATION CONTACT:

William A. Perkins, Department of Transportation, Federal Aviation

Administration, 2601 Meacham Boulevard, Fort Worth, Texas 76173-0652,

(817) 222-5652. 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 the New Austin Airport at

Bergstrom Air Force Base are in compliance with applicable requirements

of part 150, effective February 11, 1994. Further, FAA is reviewing a

proposed noise compatibility program for that airport which will be

approved or disapproved on or before August 10, 1994. This notice also

announces the availability of this program for public review and

comment.

Under section 103 of Title I of the Aviation Safety and Noise

Abatement Act of 1979 (hereinafter referred to as ``the Act''), an

airport operator may submit to the FAA noise exposure maps which meet

applicable regulations and which depict noncompatible 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 the FAA to be in compliance with the requirements of Federal

Aviation Regulations (FAR) part 150, promulgated pursuant to Title I of

the Act, may submit a noise compatibility program for FAA approval

which sets forth the measures the operator has taken or proposes for

the reduction of existing noncompatible uses and for the prevention of

the introduction of additional noncompatible uses.

The city of Austin submitted to the FAA on February 11, 1994, noise

exposure maps, descriptions and other documentation which were produced

during the FAR part 150 Noise Study, February 1994. It was requested

that the FAA review this material as the noise exposure maps, as

described in section 103(a)(1) 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 104(b) of the Act.

The FAA has completed its review of the noise exposure maps and

related descriptions submitted by the city of Austin. The specific maps

under consideration are Figure 10.1--1993 Existing Conditions (NEM)

following page 10.2 and Figure 10.2--1998 NEM following page 10.3 in

the submission.

The FAA has determined that these maps for the New Austin airport

at Bergstrom Air Force Base are in compliance with applicable

requirements. This determination is effective on February 11, 1994.

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 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 103 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 107 of the Act.These functions are inseparable from the

ultimate land use control and plannng responsibilities of local

Government.These local responsibilities are not changed in any way

under 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 which submitted those maps,

or with those public agencies and planning agencies with which

consultation is required under Section 103 of the Act. The FAA has

relied on the certification by the airport operator, under Sec. 150.21

of FAR Part 150, that the statutorily required consultation has been

accomplished.

The FAA has formally received the noise compatibility program for

the New Austin Airport at Bergstrom Air Force Base also effective on

February 11, 1994 Preliminary review of the submitted material

indicates that it conforms to the requirements for the submittal of

noise compatibility programs, but that further review will be necessary

prior to approval or disapproval of the program. The formal review

period, limited by law to a maximum of 180 days, will be completed on

or before August 10, 1994.

The FAA's detailed evaluation will be conducted under the

provisions of 14 CFR part 150, Sec. 150.33. The primary considerations

in the evaluation process are whether the proposed measures may reduce

the level of aviation safety, create an undue burden on interstate or

foreign commerce, or be reasonably consistent with obtaining the goal

of reducing existing noncompatible land uses and preventing the

introduction of additional noncompatible land uses.

Interested persons are invited to comment on the proposed program

with specific reference to these factors. All comments, other than

those properly addressed to local land use authorities, will be

considered by the FAA to the extent practicable. Copies of the noise

exposure maps, the FAA's evaluation of the maps, and the proposed noise

compatibility program are available for examination at the following

locations:

Federal Aviation Administration, 800 Independence Avenue, SW., room

617, Washington, DC 20591.

Federal Aviation Administration, Texas Airport Development Office, 2601

Meacham Boulevard, Fort Worth, TX 76173-0650,

Mr. Charles Gates, Director of Aviation, division of Aviation, 3600

Manor Road, Austin, TX 78723.

Questions may be directed to the individual named above under the

heading, FOR FURTHER INFORMATION CONTACT.

Issued in Fort Worth, Texas, February 11, 1994.

John M. Dempsey,

Manager, Airports Division.

[FR Doc. 94-6968 Filed 3-23-94; 8:45 am]

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