[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] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Approval of Noise Compatibility Program, San Diego International Airport-Lindbergh Field, California AGENCY: Federal Aviation Administration. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Federal Aviation Administration (FAA) announces its findings on Revision2 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] BILLING CODE 4910-13-M