[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30962]


[[Page Unknown]]

[Federal Register: December 16, 1994]


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DEPARTMENT OF TRANSPORTATION
 

Approval of Revision No. 2 to Approved Noise Compatibility 
Program for Phoenix Sky Harbor International Airport, Phoenix, AZ

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces ts 
findings on Revision No. 2 to the Approved Noise Compatibility Program 
submitted by the city of Phoenix for Phoenix Sky Harbor International 
Airport under the provisions of Title I of the Aviation Safety and 
Noise Abatement Act of 1979 (Public Law 96-193) 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). On 
November 21, 1994, the Assistant Administrator for Airports approved 
Revision No. 2 to the Approved Noise Compatibility Program for Phoenix 
Sky Harbor International Airport. The one recommendation of the 
revision to be added to the approved program involving a permanent 
noise and flight track monitoring system was approved.

EFFECTIVE DATE: The effective date of the FAA's approval of Revision 
No. 2 to the Approved Noise Compatibility Program is November 21, 1994.

FOR FURTHER INFORMATION CONTACT:
David B. Kessler, Environmental Protection Specialist, AWP-611.2, 
Planning Section, Western-Pacific Region, Federal Aviation 
Administration, Mailing address: P.O. Box 92007, Worldway Postal 
Center, Los Angeles, California 90009-2007, Street Address: 15000 
Aviation Boulevard, Room 3012, Hawthorne, California, Telephone: 310/
297-1534.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to Revision No. 2 to the Approved Noise 
Compatibility Program for Phoenix Sky Harbor International Airport, 
effective November 21, 1994.
    Under Section 104(a) of the Aviation Safety and Noise Abatement Act 
of 1979 (hereinafter referred to as ``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 sponsor 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 Aviation Safety and Noise Abatement Act 
of 1979, 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;
    b. Program measures would 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;
    b. 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 
navigable airspace and air traffic control responsibilities of the 
Administrator prescribed by law.
    Specific limitations with respect to FAA's approval of an Airport 
Notice 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 implementation action. A request for Federal 
action or approval to implement specific Noise Compatibility Measures 
may be required. 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 under the Airport and Airway Improvement Act of 1982, as amended. 
Where Federal funding is sought, requests for project grants must be 
submitted to the FAA Airports Division Office in Hawthorne, California.
    The city of Phoenix submitted on December 30, 1987, the Noise 
Exposure Maps, descriptions, and other documentation produced during 
the Noise Compatibility Planning study conducted from August 1986 
through June 1989. The Noise Exposure Maps were determined by the FAA 
to be in compliance with applicable requirements on November 17, 1988. 
Notice of this determination was published in the Federal Register on 
November 29, 1988.
    The study contained a proposed Noise Compatibility Program 
comprised of actions designed for phased implementation by airport 
management and adjacent jurisdictions from the date of study completion 
to, or beyond, the year 1992. It was requested that the FAA evaluate 
and approve this material as a Noise Compatibility Program as described 
in Section 104(b) of the Act. The FAA began its review of the program 
on October 4, 1989 and was required by a provision of the Act to 
approve or disapprove the program within 180 days (other than the use 
of flight procedures for noise control). The Noise Compatibility 
Program was approved by the FAA on April 2, 1990. On May 27, 1994, the 
FAA began its review of Revision No. 2 to the approved program and was 
required by a provision of the Act to approve or disapprove the program 
within 180 days (other than the use of flight procedures for noise 
control). Failure to approve or disapprove such a program within the 
180-day period shall be deemed to be an approval of such program.
    The submitted revision to the approved program contained one (1) 
proposed action for establishing a permanent noise and flight track 
monitoring system. The FAA completed its review and determination that 
the procedural and substantive requirements of the Act and FAR Part 150 
have been satisfied. Revision No. 2 to the approved program, therefore, 
was approved by the Assistant Administrator for Airports effective 
November 21, 1994.
    Outright approval was granted for the one (1) new Continuing 
Program Measure for provision for establishment of a permanent noise 
and flight track monitoring system.
    This determination is set forth in detail in a Record of Approval 
endorsed by the Assistant Administrator for Airports on November 21, 
1994. 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 city 
of Phoenix, Aviation Department.

    Issued in Hawthorne, California on December 1, 1994.
Robert C. Bloom,
Acting Manager, Airports Division, AWP-600, Western-Pacific Region.
[FR Doc. 94-30962 Filed 12-15-94; 8:45 am]
BILLING CODE 4910-13-M