[Federal Register Volume 63, Number 144 (Tuesday, July 28, 1998)]
[Notices]
[Pages 40329-40330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20118]


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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 <SUP><greek-i></SUP>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 <SUP><greek-i></SUP>1 to the NCP. Revision 
<SUP><greek-i></SUP>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 <SUP><greek-i></SUP>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 
<SUP><greek-i></SUP>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 <SUP><greek-i></SUP>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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