Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Notices 65419 

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 

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 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, 

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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 

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) 

AGENCY: Federal Highway 

Administration (FHWA), United States 

Department of Transportation (USDOT). 

ACTION: Notice of Intent. 

SUMMARY: 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 

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 

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