[Federal Register Volume 71, Number 242 (Monday, December 18, 2006)]
[Notices]
[Pages 75800-75802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9740]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program for McClellan Palomar 
Airport, Carlsbad, CA

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 San Diego 
County, California under the provisions of Title I of the Aviation 
Safety and Noise Abatement Act, as amended, (Public Law96-193) 
(hereinafter referred to as ``the Act'') 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 April 
26, 2005, the FAA determined that the noise exposure maps submitted by 
San Diego County under Part 150 were in compliance with applicable 
requirements.

EFFECTIVE DATE: The effective date of the FAA's approval of the Noise 
Compatibility Program for McClellan Palomar Airport is December 5, 
2006.

FOR FURTHER INFORMATION CONTACT: Victor Globa, Environmental Protection 
Specialist, Los Angeles Airports District Office, Airport Division, 
Western-Pacific Region, Federal Aviation Administration, 15000 Aviation 
Boulevard, Hawthorne, California, 90261, Mailing Address: P.O. Box 
92007, Los Angeles, California 90009-2007. Telephone: 310/725-3637. 
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 McClellan 
Palomar Airport, effective April 7, 2004. 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. Sec.  
47504], an airport operator who has previously submitted a Noise 
Exposure Map may submit to the FAA a Noise

[[Page 75801]]

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 judgement for 
that of the airport proprietor with respect to which measures should be 
recommended for action. The FAA's approval or disapproval of 14 CFR 
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 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 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 District Office in Hawthorne, California.
    San Diego County submitted to the FAA on September 13, 2004, the 
Noise Exposure Maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from December 
1, 2002 through March 24, 2006. The McClellan Palomar Airport Noise 
Exposure Maps were determined by FAA to be in compliance with 
applicable requirements on April 26, 2005. Notice of this determination 
was published in the Federal Register on May 10, 2005 (70 FR 24671).
    The McClellan Palomar Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
(2004 to beyond the year 2009). It was requested that the FAA evaluate 
and approve this material as a Noise Compatibility Program as described 
in 49 U.S.C. Sec.  47504 (formerly section 104(b) of the Act). The FAA 
began its review of the program on June 20, 2006, 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 thirty-two (32) proposed actions 
for noise abatement, land use management 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 FAR part 150 
have been satisfied. The overall program was approved, by the Manager 
of the Airports Division, Western-Pacific Region, effective December 5, 
2006.
    Outright approval was granted for seven (7) of the 10 noise 
abatement measures, all six (6) land use management measures and twelve 
(12) program management measures. The approved measures included such 
items as: Continue the existing published air traffic pattern 
altitudes; Continue the existing published ``Alpha Departure'' 
voluntary noise abatement procedure (VNAP); Continue the existing VNAP, 
as published on the airport Web site; Continue the existing designation 
of Runway 24 as the calm wind runway as published in the Airport/
Facility Directory; Continue the existing policy discouraging jet 
aircraft training due to noise abatement and traffic congestion as 
published in the Airport/Facility Directory; Continue the existing 
VNAP, as published on the airport's Web site; Amend ``Quiet Hours'' to 
include all aircraft except emergency flight operations. Approved Land 
Use Management Measures include: Provide the recommended Noise 
Information Notification Area (NINA) boundary to San Diego Geographic 
Information Source (SanGIS) in both electronic and hard copy formats; 
Provide the updated Noise Exposure Maps to SanGIS in electronic format, 
notify San Diego County and the City of Carlsbad that updated Noise 
Exposure Maps are available through SanGIS and encourage their use in 
updating the Noise Elements fo their General Plans; Rezone the 
undeveloped area designated E-A (APN 212-040-56) within the 60 CNEL to 
``P-M Planned Industrial'' zone; Real estate disclosure within the 
CRQ's established Airport Influence Area should continue; Provide the 
updated NEMs, AIA, and NINA to SanGIS in electronic format, encourage 
the California Board of Realtors, San Diego North County Board, and the 
Building Industry Association--Sales and Marketing Council, North 
County Division to visit SanGIS Web site for the most updated NEMs, AIA 
and NINA and work with the aforementioned organizations to develop an 
``Airport Fact Book'' for property sales agents; Provide San Diego 
County Regional Airport Authority (SDCRAA) with copies of the Final NEM 
and NCP documents.
    Approved Program Management measures include: Hire a dedicated 
Noise Abatement Officer/Appoint a Permanent Environmental Noise 
Specialist; The Palomar Airport Advisory Committee should continue to 
act as a forum for discussion of noise abatement actions; update Maps 
identifying the noise-sensitive areas around the airport; Produce an 
Airport Noise Information Booklet; Develop an Official Web site to 
disseminate VNAP and other noise-related information; Continue to 
coordinate with the Department of Public Works Public Information 
Officer to disseminate information to the news media; Continue 
attending and/or participating in aviation association meetings to 
expand awareness of VNAP and other noise related issues; Coordinate 
with the

[[Page 75802]]

Department of Public Works Public Information officer to periodically 
distribute VNAP press releases to aviation media; Periodically provide 
updated VNAP information for distribution by Fixed Base Operators; 
Erect monument signs on airport property along El Camino Real and 
Palomar Airport Road to inform drivers of the existence and location of 
the airport; Produce signs, stickers, etc., using VNAP logo and 
prominently display and utilize as appropriate; Conduct biannual VNAP 
training classes and Implement the recently adopted ``Fly Friendly 
Program.''
    FAA disapproved the following Noise Abatement measures: When 
traffic volume permits, CRQ ATCT should instruct pilots to delay the 
left turn from Runway 24 until aircraft is west of I-5. This measure 
would adversely impact the efficiency of navigable airspace at CRQ, 
further deviation from protected routes would place IFR aircraft at 
risk. Work with FAA to develop a GPS/RNAV departure procedure to 
emulate the ``Alpha Departure'' VNAP. This measure was disapproved 
pending submission of additional information to make an informed 
decision. The NCP did not quantify this measure's noise reduction 
benefits.
    FAA took no action on the following Noise Abatement Measure: 
Consider joining Sound Initiative, A Coalition for Quieter Skies. FAA 
action on this measure would conflict with anti-lobbying restrictions 
on Federal agencies.
    FAA disapproved the following Program Management Measures: Upgrade 
GEMS software to ANOMS8 and upgrade computer hardware as necessary to 
support operations of ANOMS8. If eligible for AIP funding, hardware 
should be upgraded at existing NMTs and two additional NMTs should be 
installed at CRQ. This measure was disapproved for the purposes of part 
150 with respect to Airport Improvement Program funding. Section 189 of 
Public Law 108-176, Vision 100-Century of Reauthorization Act of 2003 
specifically prohibits FAA approval of part 150 program measures that 
require AIP funding to mitigate aircraft noise outside of DNL (CNEL) 65 
through Fiscally Year 2007; When Feasible, CRQ ATCT should encourage 
the use of the VNAP. This measure was disapproved because 
implementation of this measure by the ATCT would adversely affect air 
traffic workload and efficiency; Conduct the recommended workload 
study. This measure was disapproved because it is outside of the scope 
of 14 CFR part 150.
    These determinations are set forth, in detail, in the Record of 
Approval signed by the Manager of the Airports Division, Western-
Pacific Region, on December 5, 2006. 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 County Public Works Department. 
The Record of Approval will be available on-line at: http://www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/part_150/states/.

    Issued in Hawthorne, California on December 11, 2006.
Mark A. McClardy,
Manager, Airports Division, Western-Pacific Region, AWP-600.
[FR Doc. 06-9740 Filed 12-15-06; 8:45 am]
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