[Federal Register: December 18, 2006 (Volume 71, Number 242)]
[Notices]
[Page 75800-75802]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de06-71]
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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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