[Federal Register: July 28, 1998 (Volume 63, Number 144)]
[Notices]
[Page 40329-40330]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy98-123]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program, San Diego International
Airport-Lindbergh Field, California
AGENCY: Federal Aviation Administration.
ACTION: Notice.
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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on Revision 2 of the Noise Compatibility
Program (NCP) submitted by the San Diego Unified Port District, under
the provisions of Title I of the Aviation Safety and Noise Abatement
Act of 1979 (Pub. L. 96-193) 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 June 5, 1991,
the FAA approved the original NCP. On May 11, 1995, the FAA approved
Revision 1 to the NCP. Revision
1 provided sound attenuation for five schools
located within the 65-dB CNEL contour. On June 17, 1998, the Associate
Administrator for Airports approved Revision 2 of
the NCP. This revision contained two program elements. Element number
one consisted of sound attenuation for residential homes between the 65
and 75-dB CNEL contours and element number two restructured the Airport
Noise Advisory Committee. Both elements were approved.
EFFECTIVE DATE: The effective date of the FAA's approval for Revision
2 of the San Diego International Airport-Lindbergh
Field NCP is June 17, 1998.
FOR FURTHER INFORMATION CONTACT:
Charles Lieber, Airport Planner, Airports Division, AWP-611.1, Federal
Aviation Administration, Western-Pacific Region. Mailing address: P.O.
Box 92007, Worldword Postal Center, Los Angeles, California 90009-2007.
Telephone: (310) 725-3614. Street address: 15000 Aviation Boulevard,
Hawthorne, California 90261. Documents reflecting this FAA action may
be reviewed at this location.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to Revision 2 of the Noise
Compatibility Program for San Diego International Airport-Lindbergh
Field, effective June 17, 1998.
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 in the measures
taken or proposed by the airport operator for the reduction of existing
noncompatible land uses and prevention of additional noncompatible 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 of 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 noncompatible 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 of 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
[[Page 40330]]
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. Where Federal funding is sought,
requests for project grants must be submitted to the FAA Airports
Division office in Hawthorne, California.
The San Diego Unified Port District submitted to the FAA on
November 7, 1986, and December 11, 1987, the Noise Exposure Maps,
descriptions, and other documentation produced during the noise
compatibility planning study conducted from September 1985 through
September 1989. The Noise exposure Maps were determined by the FAA to
be in compliance with applicable requirements on January 30, 1989.
Notice of this determination was published in the Federal Register on
March 30, 1989.
On June 5, 1991, the FAA approved the original NCP. On May 11,
1995, the FAA approved Revision #1 to the NCP. The FAA received
Revision #2 to the NCP on August 13, 1997. The proposed Revision #2 did
not contain changes to the Noise Exposure Maps; therefore determination
of new maps were not necessary. The San Diego Unified Port District
requested that the FAA evaluate and approve the material as a revision
of the Noise Compatibility Program as described in Section 104(b) of
the Act. The FAA began its review of the program on January 27, 1998,
and was required by a provision of the Act to approve or disapprove the
program within 180 days (other than the use of new flight procedures
for noise control). Failure to approve to disapprove such program
within the 180-day period shall be deemed to be an approval of such
program.
Two program elements were submitted and both elements were
approved. These elements consisted of sound attenuation for residential
homes between the 65 and 75-dB CNEL contours and the restructure of the
Airport Noise Advisory Committee. The FAA completed its review and
determined that the procedural and substantive requirements of the Act
and FAR Part 150 have been satisfied. Therefore, the Associate
Administrator for Airports approved Revision #2 on June 17, 1998.
These determinations are set forth in detail in a Record of
Approval endorsed by the Associates Administrator for Airports on June
17, 1998. 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
San Diego Unified Port District.
Issued in Hawthorne, California on July 17, 1998.
Ellsworth Chan,
Acting Manager, Airports Division, AWP-600, Western Pacific Region.
[FR Doc. 98-20118 Filed 7-27-98; 8:45 am]
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