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

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]

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