[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Pages 65419-65420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25826]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program for Tucson International 
Airport, Tucson, Arizona

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program submitted by the Tucson 
Airport Authority (TAA) under the provisions of 49 U.S.C. 47501 et seq. 
(formerly the Aviation Safety and Noise Abatement Act, hereinafter 
referred to as ``the Act'') and 14 Code of Federal Regulations (CFR) 
Part 150 (hereinafter referred to as ``Part 150''). On March 20, 2013, 
the FAA determined that the noise exposure maps submitted by the TAA 
under Part 150 were in compliance with applicable requirements. On 
September 9, 2013, the FAA approved the Tucson International Airport 
noise compatibility program. Most of the recommendations of the program 
were approved. No program elements relating to new or revised flight 
procedures for noise abatement were proposed.

DATED: Effective Date: This notice is effective October 31, 2013 and 
applicable September 9, 2013.

FOR FURTHER INFORMATION CONTACT: Jared Raymond, Airport Planner, FAA 
Phoenix Airports Field Office, 2800 North 44th Street, Phoenix, Arizona 
85008, telephone number (602) 379-3022. 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 for Tucson 
International Airport, effective September 9, 2013. Under section 
104(a) of the Aviation Safety and Noise Abatement Act of 1979, as 
amended (herein after referred to as the ``Act'') [recodified as 49 
U.S.C. 47504], 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 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 
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, 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 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 Field Office in Phoenix, Arizona.
    The TAA submitted to the FAA on November 26, 2013, the Noise 
Exposure Maps for evaluation. The FAA determined that the Noise 
Exposure Maps for Tucson International Airport were in compliance with 
applicable requirements on March 20, 2013. Notice of this determination 
was published in the Federal Register on March 29, 2013 (Volume 78/No. 
61/pages 19355-19356).
    The Tucson International Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
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 49 U.S.C. 47504 (formerly Section 
104(b) of the Act). The FAA began its review of the program on March 
20,

[[Page 65420]]

2013, and was required by a provision of the Act to approve or 
disapprove the program within 180 days (other than the use of 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.
    The Noise Compatibility Program recommended three Noise Abatement 
Elements, five Land Use Planning Elements and two Program Management 
Elements. The FAA completed its review and determined that the 
procedural and substantive requirements of the Act and FAR Part 150 
have been satisfied. The overall program was approved, by the Manager 
of the Airports Division, Western-Pacific Region, effective September 
9, 2013.
    Approval was granted for four Land Use Planning Elements and one 
Program Management Element. The approved measures include: Working with 
the City of Tucson to review and if necessary modify the boundaries of 
the Airport Environs Zone (AEZ) Overlay; work with the City of Tucson 
to review and if necessary modify the land use regulations within the 
AEZ Overlay as defined in Section 2.8.5 of the City of Tucson Land Use 
Code; Work with Pima County to review and if necessary modify the 
boundaries of the Airport Environs and facilities Overlay Zone (AEFZ); 
work with Pima County to review and if necessary modify the land use 
regulations within the AEFZ Overlay as defined in Pima County Code; and 
periodically review and if necessary, update the Noise Exposure Maps 
(NEM'S) and the Noise Compatibility Program (NCP). Approval as a 
voluntary measure was given for two Noise Abatement Elements and one 
Program Management Element. These measures include: Formalizing an 
agreement with the Arizona Air National Guard (AANG) to limit 
nighttime/early morning and weekend operations; work with the AANG to 
develop restrictions on ground operations, including optimal 
orientation of aircraft during final checks prior to departure to 
reduce noise impacts, and formalize and expand current public outreach 
programs. One Noise Abatement Element and one Land Use Planning Element 
was disapproved for purposes of Part 150, since they did not reduce 
incompatible land uses or lacked a demonstrated noise benefit to 
noncompatible land uses exposed to noise levels in the yearly day/night 
average sound level (DNL) 65 noise contours. These measures included: 
Study implementing an Optimized Profile Descent (OPD) procedure for one 
or more runway ends and to investigate opportunities to design Airport 
development in a manner that both reduces interior noise levels of the 
development and that acts as a barrier to shield neighboring 
communities from aircraft noise.
    The FAA determinations are set forth in detail in the Record of 
Approval signed by the Manager of the Airports Division, Western-
Pacific Region, on September 9, 2013. 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 Tucson International Airport. The 
Record of Approval also will be available on-line at: http://www.faa.gov/airports/environmental/airport_noise/part_150/states/.

    Issued in Hawthorne, California, on October 23, 2013.
Brian Q. Armstrong,
Acting Manager, Airports Division, Western-Pacific Region, AWP-600.
[FR Doc. 2013-25826 Filed 10-30-13; 8:45 am]
BILLING CODE 4910-13-P