[Federal Register Volume 76, Number 148 (Tuesday, August 2, 2011)]
[Notices]
[Pages 46352-46354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19499]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program for San Diego 
International, San Diego, 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 
Regional Airport Authority 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 November 10, 
2009, the FAA determined that the noise exposure maps submitted by San 
Diego Regional Airport Authority under Part 150 were in compliance with 
applicable requirements. On June 30, 2011, the FAA approved the San 
Diego International Airport noise compatibility program. Fourteen (14) 
of the nineteen (19) total number of recommendations of the program 
were approved. No program elements relating to new or revised flight 
procedures for noise abatement were proposed by the airport operator.

DATES: Effective Date: The effective date of the FAA's approval of the 
Noise Compatibility Program for San Diego International Airport is June 
30, 2011.

FOR FURTHER INFORMATION CONTACT: Victor Globa, Environmental Protection 
Specialist, Federal Aviation Administration, Los Angeles Airports 
District Office, Mailing Address: P.O. Box 92007, Los Angeles, 
California 90009-2007. Street Address: 15000 Aviation Boulevard, 
Lawndale, California 90261. 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 San Diego 
International Airport, effective June 30, 2011.

[[Page 46353]]

    Under section 47504 of 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 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 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 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 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 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. Prior to an FAA decision on a request to implement the 
action, an environmental review of the proposed action may be required. 
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 Los Angeles Airports 
District Office in the Western-Pacific Region.
    The San Diego International Airport study contains a proposed noise 
compatibility program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
June 21, 2010 to the year 2014. It was requested that the FAA evaluate 
and approve this material as a Noise Compatibility Program as described 
in section 47504 of the Act. The FAA began its review of the program on 
January 5, 2011, 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 19 proposed actions for noise 
abatement, noise mitigation, land use planning 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 part 
150 have been satisfied. The overall program was approved by the FAA, 
effective June 30, 2011.
    FAA approval was granted for fourteen (14) specific program 
measures. The approved measures included such items as: Sound Attenuate 
Additional Eligible Non-Residential Noise Sensitive Receptor Buildings 
for noncompatible development that were constructed or existed before 
October 1, 1998; Sound Attenuate Eligible Residential Units has been 
approved for homes or noncompatible development that were constructed 
or existed before October 1, 1998; Urge the City of San Diego to 
Prohibit New Incompatible Land Use Development was approved since the 
Federal government has no control over local land use planning and this 
measure is within the authority of the San Diego Regional Airport 
Authority and local planning jurisdictions; Continue to Encourage City 
Participation in the Compatibility Planning Process was approved since 
the Federal government has no control over local land use planning and 
this measure is within the authority of the San Diego Regional Airport 
Authority and local planning jurisdictions; Continue to Serve as the 
San Diego County Airport Land Use Commission was approved since the 
Federal government has no control over local land use planning and this 
measure is within the authority of the San Diego Regional Airport 
Authority and local planning jurisdictions, (Approval of this measure 
does not extend to or necessarily endorse decisions of the Airport Land 
Use Commission.); Maintain Existing Noise Information Department was 
approved; Continue to Maintain and Improve the Aircraft Noise and 
Operations Monitoring System (ANOMS) was approved for purposes of part 
150, (Approval of this measure does not obligate the FAA to participate 
in funding the acquisition or installation of the permanent noise 
monitors and associated equipment. For the purpose of aviation safety, 
this approval does not extend to the use of monitoring equipment for 
enforcement purposes by in-situ measurement of any pre-set noise 
thresholds.); Design and Implement a Fly Quiet Program was approved 
since this measure is within the jurisdiction of the airport 
management, (This approval does not imply approval of any enforcement 
actions to ensure compliance with flight procedures by the Airport 
Sponsor. Any recommended change to existing flight procedures not 
approved in this NCP and any flight procedures or flight tracks not 
already in place at SAN are disapproved for inclusion in the handbook. 
Such changes would need to be separately reviewed, for reasons of 
aviation safety and efficiency, by the FAA. Noise mitigation measures 
must be accompanied by an analysis demonstrating their noise benefits. 
Changes in flight procedures normally also need appropriate 
environmental analysis. Any new procedures proposed for noise abatement 
at SAN may not be implemented prior to a study to determine whether 
they can be implemented safely and efficiently, and whether they are 
noise beneficial. Wording for publications and signage, and location of 
any on-airport signage, must be coordinated with the FAA before final 
issuance. Approval of this measure does not obligate the FAA to 
participate in funding the acquisition or installation of the permanent 
noise monitors and associated equipment.); Maintain Airport Noise 
Advisory Committee was approved; The Noise Information Officer will 
Meet on a Regular Basis with Representatives from Commercial Airlines 
and General Aviation was approved but does not require the 
representatives to meet;

[[Page 46354]]

Deliver Airport Use Regulations to Each Airline was approved but does 
not require the air carriers to meet; Continue to Provide Noise and 
Aircraft Operations Information in the Quarterly Noise Reports was 
approved, (For the purpose of aviation safety, this approval does not 
extend to the use of monitoring equipment for enforcement purposes by 
in-situ measurement of any pre-set noise thresholds.); Revise the Noise 
Exposure Map was approved; and, Revise the Noise Compatibility Program 
was approved and this approval does not extend to potential regulatory 
action affecting general aviation and commuter aircraft operations or 
to enforcement structures not otherwise specifically approved by the 
FAA.
    FAA disapproved five (5) specific program measures. The disapproved 
measures included: Develop and Implement Left Turn ``Over-the-Bay'' 
Departure Route was disapproved since the analysis shows no effect or 
benefit on the Community Noise Equivalent Level (CNEL) 65 dB contour 
and the measure may adversely impact operational safety and efficiency; 
Encourage the FAA and Airlines Operating at SAN to Use Continuous 
Descent Approaches for Arrivals to Runway 27 was disapproved since the 
analysis does not demonstrate the measure's noise benefits on the 65 dB 
CNEL contour; Maintain Westerly Runway Heading (275-degrees) or 290-
degree Heading for Runway 27 Departures Until One and One Half Miles 
West of the Shoreline, Weather, Airspace, and Safety Permitting was 
disapproved since the analysis does not demonstrate the measure's noise 
benefits on the 65 dB CNEL contour; Sound Attenuate Additional Eligible 
Residential Units Based on Hill Effects Behind the Start of Takeoff was 
disapproved for purposes of part 150 since additional information and 
analysis is necessary to justify the measure's noise benefits; and, 
Cooperate with Public Agencies Concerning Air Service was disapproved 
for purposes of part 150 since the Federal government has no control 
over local land use planning and this measure is within the authority 
of the San Diego Regional Airport Authority and local planning 
jurisdictions.
    These determinations are set forth in detail in a Record of 
Approval signed by the Manager, Airports Division (AWP-600) on June 30, 
2011. 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 Regional Airport Authority.
    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 on July 15, 2011.
Mark A. McClardy,
Manager, Airports Division, Western-Pacific Region .
[FR Doc. 2011-19499 Filed 8-1-11; 8:45 am]
BILLING CODE 4910-13-P