[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Notices]
[Pages 6802-6804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02019]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Noise Compatibility Program for San Diego International Airport, 
San Diego County, California

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of approval of noise compatibility program.

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SUMMARY: The Federal Aviation Administration (FAA) announces its

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findings on the noise compatibility program submitted by the San Diego 
County Regional Airport Authority. These findings are made in 
recognition of the description of Federal and nonfederal 
responsibilities. On September 1, 2022, the FAA determined that the 
noise exposure maps submitted by the San Diego County Regional Airport 
Authority were in compliance with applicable requirements. On January 
11, 2023, the FAA approved the San Diego International Airport noise 
compatibility program. Most of the recommendations of the program were 
approved.

DATES: The effective date of the FAA's approval of the San Diego 
International Airport noise compatibility program is January 11, 2023.

FOR FURTHER INFORMATION CONTACT: David B. Kessler, AICP, Regional 
Environmental Protection Specialist, 777 South Aviation Boulevard, El 
Segundo, California 90045, Telephone: 424-405-7315. Documents 
reflecting this FAA action may be reviewed at this same location.

SUPPLEMENTARY INFORMATION: This notice announces FAA's approval of the 
noise compatibility program (NCP) for San Diego International Airport, 
effective on January 11, 2023. Per United States Code section 47504 (49 
U.S.C. 47504) and Title 14, Code of the Federal Regulations (CFR) part 
150, an airport sponsor who previously submitted a noise exposure map 
(NEM) may submit to the FAA, a noise compatibility program which sets 
forth the measures taken or proposed by the airport sponsor for the 
reduction of existing non-compatible land uses and prevention of 
additional non-compatible land uses within the area covered by the 
NEMs. As required by 49 U.S.C. 47504, such programs must be developed 
in consultation with interested and affected parties including local 
communities, government agencies, airport users, and the FAA. The FAA 
does not substitute its judgment for that of the airport sponsor with 
respect to which measures should be recommended for action. The FAA 
approval or disapproval of an airports recommendations in their noise 
compatibility program are made in accordance with the requirements and 
standards pursuant to 49 U.S.C. 47504 and 14 CFR part 150, which is 
limited to the following determinations:
    a. The noise compatibility program was developed in accordance with 
the provisions and procedures of 14 CFR 150.23;
    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 14 CFR 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 NCP are eligible for 
grant-in-aid funding from the FAA. Where federal funding is sought, 
requests must be submitted to the FAA Los Angeles Airports District 
Office in El Segundo, California.
    On May 6, 2022, the San Diego County Regional Airport Authority 
submitted the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study 
conducted from October 22, 2018 through May 6, 2022 to the FAA. The FAA 
determined the NEMs for San Diego International Airport complied with 
14 CFR part 150, effective on September 1, 2022. This determination was 
published in the Federal Register on September 8, 2022, (87 FR 55074).
    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 
May 6, 2022 to the year 2026. It was requested that the FAA evaluate 
and approve this material as a noise compatibility program as described 
in 49 U.S.C 47504. The FAA began its review of the program on September 
1, 2022, and was required by a provision of 49 U.S.C 47504 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 17 proposed actions for noise 
mitigation, noise abatement, land use planning, and program management. 
The FAA completed its review and determined that the procedural and 
substantive requirements of the 49 U.S.C. 47504 and part 150 have been 
satisfied. The overall program, therefore, was approved by the FAA 
effective January 11, 2023.
    Outright approval was granted for 16 of the 17 specific program 
elements. The proposed Facility Management measure to utilize Ground 
Based Augmentation System (GBAS) was disapproved because the NCP did 
not demonstrate the measure is 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. 
The following measures were approved: Noise Abatement Measure: 
Voluntary Noise Abatement Departure Profile. Remedial Land Use 
Measures: Sound Attenuation of Eligible Non-Residential Noise Sensitive 
Buildings; Sound Attenuation of Eligible Residential Units.
    Land Use Planning Measures: Prevent New Non-Compatible Land Use 
Development; San Diego County Airport Land Use Commission; Support 
Compatible Planning Process.
    Program Management Measures: Continue Aircraft Noise Office and 
Program Manager; continue use of the Airport Noise and Operations 
Monitoring System; Portable Noise Monitoring; continue the Fly Quiet 
Program; continue the Airport Noise Advisory Committee; continue to 
Communicate Noise Issues with Airlines; continue to Administer Airport 
Use Regulations; continue to author and submit California Quarterly 
Noise Reports; Update Noise Exposure Maps; and Update the Noise 
Compatibility Program.
    These determinations are set forth in detail in a Record of 
Approval signed by the Western-Pacific Regional Airports Division 
Director on January 11, 2023. The Record of Approval, as well as other 
evaluation materials and the documents comprising the submittal, are 
available for review at the FAA

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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/ and at San Diego County Regional Airport 
Authority's website, https://www.san.org/Aircraft-Noise/FAR-Part-150.

    Issued in El Segundo, California, on January 26, 2023.
Mark A. McClardy,
Director, Airports, Division, Western-Pacific Region, AWP-600.
[FR Doc. 2023-02019 Filed 1-31-23; 8:45 am]
BILLING CODE 4910-13-P