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[Federal Register: June 21, 2010 (Volume 75, Number 118)]
[Notices]               
[Page 35122-35123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn10-160]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Approval of Noise Compatibility Program for Buckeye Municipal 
Airport, Town of Buckeye, 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 Town of 
Buckeye 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 September 22, 2008, the 
FAA determined that the noise exposure maps submitted by the Town of 
Buckeye under Part 150 were in compliance with applicable requirements. 
On May 13, 2010, the FAA approved the Buckeye Municipal Airport noise 
compatibility program. All of the recommendations of the program were 
approved.

DATES: Effective Date: The effective date of the FAA's approval of the 
Noise Compatibility Program for Buckeye Municipal Airport is May 13, 
2010.

FOR FURTHER INFORMATION CONTACT: Ruben Cabalbag, Acting Manager, Los 
Angeles Airports District Office, Room 3000, 15000 Aviation Boulevard, 
Lawndale, CA 90261, (310) 725-3621. 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 Buckeye 
Municipal Airport, effective May 13, 2010.
    Under section 47504 of 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 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 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 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 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. Prior to an FAA decision on a request to implement the 
action, an environmental review of the proposed action may be required. 
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 applicable law contained in Title 49

[[Page 35123]]

U.S.C. Where Federal funding is sought, requests for project grants 
must be submitted to the FAA Los Angeles Airports District Office in 
Hawthorne, California.
    The Town of Buckeye submitted to the FAA the noise exposure maps, 
descriptions, and other documentation produced during the noise 
compatibility study. The Buckeye Municipal Airport noise exposure maps 
were determined by the FAA to be in compliance with applicable 
requirements on September 22, 2008. Notice of this determination was 
published in the Federal Register on February 25, 2009, Volume 74, 
Number 36, Page 8612.
    The Buckeye Municipal 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 section 47504 of the Act. The FAA 
began its review of the program on December 4, 2009, 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 five proposed actions for noise 
abatement, noise mitigation, 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 Part 
150 have been satisfied. The overall program was approved by the FAA, 
effective May 13, 2010.
    Outright approval was granted for five of specific program 
measures. The approved measures include such items as: Developing a 
pilot and community outreach program; Developing project review 
guidelines for development of proposals within the Public Airport 
Disclosure Area: Town of Buckeye to discourage re-zoning of parcels 
near the airport that would allow more than one dwelling unit per acre; 
Update noise exposure maps and noise compatibility programs; Oversee 
implementation of the Part 150 Noise Compatibility Program.
    These determinations are set forth in detail in a Record of 
Approval signed by the Western-Pacific Region Airports Division Manager 
on May 13, 2010. 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 Town of Buckeye. The Record of Approval also will be available 
online at: http://www.faa.gov/airports/environmental/airport_noise/part_150/states/.

    Issued in Hawthorne, California on June 8, 2010.
Debbie Roth,
Acting Manager, Airports Division, Western-Pacific Region, AWP-600.
[FR Doc. 2010-14971 Filed 6-18-10; 8:45 am]
BILLING CODE 4910-13-P
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