[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Notices]
[Pages 49446-49448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24218]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program Phoenix Sky Harbor 
International Airport, Phoenix, Arizona

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 
Phoenix, Phoenix, Arizona, under the provisions of Title I of the 
Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 96-193) and 
Title 14, Code of Federal Regulations, part 150 (FAR part 150). These 
findings are made in recognition of the description of Federal and 
nonfederal responsibilities in Senate Report No. 96-52 (1980). On 
October 10, 2000, the FAA determined that the noise exposure maps 
submitted by the city of Phoenix under FAR Part 150 were in compliance 
with applicable requirements. On September 7, 2001, the Acting 
Associate Administrator for Airports approved the Phoenix Sky Harbor 
International Airport Noise Compatibility Program. All thirty-two 
program measures have been approved. Nine measures were approved as 
voluntary measures and twenty-three measures were approved outright.

EFFECTIVE DATES: The effective date of the FAA's approval of the 
Phoenix Sky Harbor International airport Noise Compatibility Program is 
September 7, 2001.

FOR FURTHER INFORMATION CONTACT: Brian Armstrong, Airport Planner, 
Airports Division, AWP-611.1, Federal Aviation Administration, Western-
Pacific Region. Mailing address: P.O. Box 92007, Los Angeles, 
California 90009-2007. Telephone: (310) 725-3614. Street address: 15000 
Aviation Boulevard, Hawthorne, California 90261. Documents reflecting 
this FAA action may be reviewed at this location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the Noise

[[Page 49447]]

Compatibility Program for the Phoenix Sky Harbor International Airport, 
effective September 7, 2001. 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 noncompatible land uses and prevention of 
additional noncompatible 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 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 FAR part 150 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 noncompatible land uses around the airport 
and preventing the introduction of additional noncompatible 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, Sec. 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 a 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 Airports Division office in Hawthorne, 
California.
    The city of Phoenix submitted the Noise Exposure Maps, 
descriptions, and other documentation produced during the noise 
compatibility planning study conducted from November 1998 through 
October 2000 to the FAA on October 2, 2001. The Phoenix Sky Harbor 
International Airport Noise Exposure maps were determined by FAA to be 
in compliance with applicable requirements on october 10, 2000. Notice 
of this determination was published in the Federal Register on October 
25, 2000.
    The Phoenix Sky Harbor International Airport study contains a 
proposed Noise Compatibility Program comprised of actions designed for 
implementation by airport management and adjacent jurisdictions. 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 March 12, 2001, and was required 
by a provision of the Act to approve or disapprove the program within 
180 days (other than the use of new 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 programs contained thirty-two proposed actions for 
noise mitigation on and off 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 Acting Associate 
Administrator for Airports approved the overall program effective 
September 7, 2001.
    All thirty-two program measures have been approved. The following 
nine measures were approved as voluntary measures: Continue the runway 
use program calling for the equalization of departure operations to the 
east and west for both daytime and nighttime; Continue promoting use of 
AC 91-53A Noise Abatement Departure Procedures by air carrier jets; 
Continue promoting use of NBAA Noise Abatement Procedures or equivalent 
manufacturer procedures, by general aviation jet aircraft; Continue DP 
(departure) procedure for Runway 26L (now 25R) requiring a turn to a 
240-degree heading; Continue the 4-DME departure route procedure which 
overflies the Salt River by all jets and large propeller aircraft 
departing Runway 8L/R (now 8 and 7L); Implement the 4-DME departure 
route procedure for all jet and large propeller aircraft departing 
Runway 7 (now 7R); Direct propeller aircraft departing Runway 7 (now 
7R) to turn to a 120-degree heading upon reaching the end of the 
runway; Direct aircraft departing Runway 25 (now 25L) to turn to a 240-
degree heading upon reaching the end of the runway; and, Establish a 
side-step approach to Runway 25 (now 25L) for noise abatement.
    The following twenty-three measures were approved outright: 
Continue requiring compliance with the Airport Engine Test Run-up 
Policy; Encourage the use of DGPS, RNAV, and FMS equipment to enhance 
noise abatement navigation; Build engine maintenance run-up enclosure; 
Support 161st Air Refueling Wing of the Arizona Air National Guard's 
efforts to re-engine KC-135 Aircraft; Sound insulate single family 
homes within the 1992 65 DNL contour and single family homes outside 
the 1992 65 DNL contour but inside the 1999 65 DNL Contour; Sound 
Insulate approximately ten schools within the 1999 65 DNL Contour; 
Acoustical Treatment of Community Center and place of worship 
classrooms/meeting rooms within the 1999 65 DNL Contour; Voluntary 
Acquisition and Redevelopment: Acquire dwellings north and west (to 7th 
street) of the airport within the 1999 [65 and] 70 DNL Contour; 
Exchange dwellings impacted within the 70 DNL noise contour with a 
dwelling outside the 65 DNL noise contour; Update General Plans to 
reflect the 1999 noise contour planning boundary from Part 150 Study as 
basis for noise compatibility planning; Amend General Plan designations 
to reflect existing compatible and existing lower density land uses 
within the Noise Contour Planning Boundary (NCPB); General Plan 
Amendment: Amend Mixed Use designations within the 1999 65 DNL contour 
to exclude residential; Enact guidelines specifying noise compatibility 
criteria for the review of development projects within the Noise 
Contour Planning Boundary (NCPB); Retain compatible land use zoning 
within the Noise Contour Planning Boundary (NCPB); Amend

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Zoning Map to reflect General Plan and existing compatibile land uses 
within the Noise Contour Planning Boundary (NCPB); Encourage rezoning 
several large tracts of land currently developed with low density 
residential but zoned for higher density non-compatible land uses 
within the 1999 65 DNL noise exposure contour; Enact overlay zoning to 
provide noise compatibility land use standards near Airport; 
Subdivision Regulation Amendment: Require recording of fair disclosure 
agreements and covenants and over flights within the Noise Contour 
Planning Boundary (NCPB); Building Code Amendment: Enact construction 
standards within the Noise Contour Planning Boundary (NCPB); Continue 
noise abatement information program; Monitor implementation of updated 
Noise Compatibility Program; Update Noise Exposure Maps and Noise 
Compatibility Program; and, Expand flight track monitoring coverage.
    These determinations are set forth in-detail in a Record of 
Approval endorsed by the Acting Associate Administrator for Airports on 
September 7, 2001. 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, Phoenix, Arizona.

    Issued in Hawthorne, California on September 18, 2001.
Herman C. Bliss,
Manager, Airports Division, AWP-600, Western-Pacific Region.
[FR Doc. 01-24218 Filed 9-26-01; 8:45 am]
BILLING CODE 4910-13-M