[Federal Register Volume 72, Number 141 (Tuesday, July 24, 2007)]
[Notices]
[Pages 40355-40356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3609]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program for Flagstaff Pulliam 
Airport, Flagstaff, AZ

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 
Flagstaff under the provisions of Title I of the Aviation Safety and 
Noise Abatement Act, as amended, (Pub. L. 96-193) (hereinafter referred 
to as ``the Act'') and 14 CFR part 150. These findings are made in 
recognition of the description of Federal and nonfederal 
responsibilities in Senate Report No. 96-52 (1980). On April 7, 2005, 
the FAA determined that the noise exposure maps submitted by the City 
of Flagstaff under part 150 were in compliance with applicable 
requirements.

EFFECTIVE DATES: The effective date of the FAA's approval of the Noise 
Compatibility Program for Flagstaff Pulliam Airport is June 25, 2007.

FOR FURTHER INFORMATION CONTACT: Michelle Simmons, Environmental 
Protection Specialist, Los Angeles Airports District Office, Airports 
Division, Western-Pacific Region, Federal Aviation Administration, 
mailing address: P.O. Box 92007, Los Angeles, California, 90009-2007; 
Telephone: 310/725-3614. 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 Flagstaff 
Pulliam Airport, effective June 25, 2007. 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], as 
airport operator who has previously submitted as 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 in airport 
and preventing the introduction of additional non-compatible land uses;
    c. Program measurs would not create an undue burden on interstate 
or foreign commerce, unjustly discriminate against types or classes or 
aeronatucial 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 limitation 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 District Office in Hawthorne, California.
    The City of Flagstaff submitted to the FAA on July 21, 2004, the 
Noise Exposure Maps, descriptions, and other documentation produced 
during the noise compatibility planning study

[[Page 40356]]

conducted from March 4, 2004 through January 12, 2007. The Flagstaff 
Pulliam Airport Noise Exposure Maps were determined by FAA to be in 
compliance with applicable requirements on April 7, 2005. Notice of 
this determination was published in the Federal Register on April 20, 
2005.
    The Flagstaff Pulliam Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
May 7, 2007 to beyond the year 2012. 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 January 12, 2007, 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 submitted program contained 15 proposed actions for noise 
abatement, noise mitigation, and land use planning and program 
management 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 overall program was approved 
by the Manager of the Airports Division, Western-Pacific Region, 
effective June 25, 2007.
    Outright approval was granted for ten (10) specific program 
measures. The four (4) approved Noise Abatement Element measures 
included such items as: Runway 21 Departure Procedure for piston 
aircraft weighing less than 12,500 pounds; discontinue intersection and 
midfield takeoffs; Promote use of Industry Standard Thrust Cut-Back 
Procedures; Promote use of aircraft Owners and Pilots Association 
(AOPA) Noise Awareness Steps by light single and twin-engine aircraft;
    The three (3) approved Land Use Planning Elements include such 
items as: The city of Flagstaff should consider revising their current 
project review guidelines to incorporate noise-related criteria. it 
would also be suitable to include these guidelines within the Flagstaff 
Regional Area Land Use and Transportation Plan; the city of Flagstaff 
and Coconino County should consider revising its existing Airport 
Overlay District to reflect the results of the noise analysis conducted 
as part of this Part 150 Study. Additionally, Coconino County should 
consider enacting an Airport overlay district for areas contained 
within the AIA; the City of Flagstaff and Coconino County should 
consider amending their respective building codes to incorporate 
prescriptive noise standards;
    The three (3) approved Program Management Element measures included 
such items as: Publish a pilot guide; Monitor Implementation of the 
Part 150 Noise compatibility Program; Update Noise Exposure Maps and 
Noise Compatibility Program.
    FAA partially approved portions of the following four (4) Land Use 
Planning Measures: Consideration should be given to re-designated 
undeveloped parcels within the hybrid 60 DNL noise contour to a 
compatible land use designation such as commercial, industrial, or 
designated open space as detailed in the Flagstaff Area Regional Land 
Use and Transportation Plan. That portion of the ``hybrid'' contour 
that depicts noise from a 1991 airport master plan is disapproved for 
purposes of part 150; Consideration should be given to incorporating 
hybrid 60 and 65 DNL noise contours into the general plan in lieu of 
the currently referenced noise contours prepared in the Flagstaff Area 
Regional Land Use and Transportation Plan; The City of Flagstaff and 
Coconino County maintain compatibility--zoned areas within the 60 DNL 
noise contour; That portion of the ``hybrid'' contour that depicts 
noise from a 1991 airport master plan is disapproved for purposes of 
part 150; The City of Flagstaff and Coconino County should rezone 
undeveloped parcels within the hybrid 60 DNL noise contour to a 
compatible zoning designation; That portion of the ``hybrid'' contour 
that depicts noise from a 1991 airport master plan is disapproved for 
purposes of part 150;
    The FAA disapproved one (1) Noise Abatement measure: Change Phoenix 
Sectional Chart to depict the location of Walnut Canyon National 
Monument.
    These determinations are set forth in detail in the Record of 
Approval signed by the Manager of the Airports Division, Western-
Pacific Region, on June 25, 2007. 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 Flagstaff Pulliam Airport. The Record of 
Approval also will be available on-line at: http://www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/part_150/states/.

    Issued in Hawthorne, California on July 10, 2007.
Mia Paredes Ratcliff,
Acting Manager, Airports Division, Western-Pacific Region, AWP-600.
[FR Doc. 07-3609 Filed 7-23-07; 8:45 am]
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