Approval of Noise Compatibility Program for Tucson International Airport, Tucson, Arizona, 65419-65420 [2013-25826]

Download as PDF Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Notices By letter dated September 16, 2013, Airports Council International—North America (ACI–NA), which represents local, regional and state governing bodies that own and operate commercial airports across the United States, requested that the FAA extend the comment period for 14 days. ACI–NA noted that the comment period occurs during an extremely busy time for airports, and stated that the requested extension is necessary for the organization to consider issues raised by the proposed revisions to Order 1050.1E. In response to ACI–NA’s request, the FAA is re-opening the comment period until November 8, 2013. Absent unusual circumstances, the FAA does not anticipate any further extension of the comment period for this rulemaking. Re-Opening of Comment Period: The FAA has reviewed ACI–NA’s request for an extension of the comment period for this notice. ACI–NA has shown a substantive interest in the proposed policy and good cause for re-opening of the comment period. The FAA has determined that re-opening of the comment period is consistent with the public interest, and that good cause exists for taking this action. Accordingly, the comment period for this notice is extended to November 8, 2013. All comments received between August 14, 2013 and November 8, 2013 will be considered. Issued in Washington, DC, on October 25, 2013. Lourdes Q. Maurice, Executive Director, Office of Environment and Energy. [FR Doc. 2013–25820 Filed 10–30–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Approval of Noise Compatibility Program for Tucson International Airport, Tucson, Arizona Federal Aviation Administration, DOT. ACTION: Notice. AGENCY: 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, mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:21 Oct 30, 2013 Jkt 232001 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 PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 65419 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, 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, E:\FR\FM\31OCN1.SGM 31OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 65420 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Notices 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 VerDate Mar<15>2010 19:21 Oct 30, 2013 Jkt 232001 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, WesternPacific Region, AWP–600. [FR Doc. 2013–25826 Filed 10–30–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement, Portageville Bridge Project (Wyoming and Livingston Counties, New York) Federal Highway Administration (FHWA), United States Department of Transportation (USDOT). ACTION: Notice of Intent. AGENCY: FHWA, as lead agency, is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for the proposed project to provide a modern rail crossing at the location of the existing Portageville Bridge (also known as the ‘‘Portage High Bridge’’) over the Genesee River in Wyoming and Livingston Counties, New York. FOR FURTHER INFORMATION CONTACT: Raymond Hessinger, New York State Department of Transportation, 50 Wolf Road, Albany, New York 12232, Telephone: (518) 457–8075; or Jonathan McDade, New York Division Administrator, Federal Highway Administration, Leo W. O’Brien Federal Building, 7th Floor, Room 719, Clinton Avenue and North Pearl Street, Albany, New York 12207, Telephone: (518) 431– 4127. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the New SUMMARY: PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 York State Department of Transportation (NYSDOT) and Norfolk Southern Railway Company, will prepare an EIS in accordance with the National Environmental Policy Act (NEPA) on a proposal to construct a modern rail crossing of the Genesee River between Wyoming and Livingston Counties in New York. The purpose of the Project is to address the existing deficiencies at Norfolk Southern’s Portageville Bridge (also known as the ‘‘Portage High Bridge’’) by providing a modern rail crossing of the Genesee River that is capable of carrying current industry standard freight rail loads, to the greatest degree possible meeting FRA Class 4 speeds, while reducing ongoing maintenance efforts and costs. The Project is needed in order for Norfolk Southern to continue safe, reliable and efficient rail operations on the Southern Tier route. These operations are critical to the economic viability and growth of the Southern Tier and other affected areas of New York. Alternatives under consideration include: The no-build alternative; rehabilitation or reconstruction of the existing bridge; and construction of a new bridge at approximately the same location or at another location. The NEPA documentation will consider this list of alternatives and evaluations conducted to date, including information documented in a previously-published Draft EIS prepared pursuant to the New York State Environmental Review Act (SEQRA). The NEPA documentation will also consider reasonable and feasible alternatives identified during scoping. The EIS will identify a preferred alternative that meets the Project purpose and need of the project and is considered feasible based on engineering, cost, and social, economic, and environmental considerations. Information describing the project, alternatives under consideration, and opportunities for agency and public involvement in the process will be sent to the appropriate Cooperating and Participating Agencies and to private organizations and citizens that have expressed an interest in this action. This information will also be available on the Project Web site (www.dot.ny.gov/ portagevillebridge). The public and agencies will be offered an opportunity to comment on the Purpose and Need, range of alternatives, level of detail, methodologies, etc. This will be accomplished through public and agency outreach which will consist of: A formal public scoping meeting to be held in Mount Morris, New York in November 2013; a public hearing on the E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Pages 65419-65420]
From the Federal Register Online via the Government Printing 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