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Port District to Challenge FAA on Airport : Lindbergh Field: Federal agency maintains that noise regulations such as curfews are inconsistently enforced, but port says rules have been in effect, and honored by carriers, for years.

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TIMES STAFF WRITER

San Diego port authorities have rejected a federal administrative decision that could void long-established airport noise regulations at Lindbergh Field, including a curfew prohibiting many flights after 11:30 p.m., officials said Friday.

In a statement, the San Diego Unified Port District, which operates the airport, said it would challenge a recent finding by the Federal Aviation Administration. The FAA, in a letter earlier this month, found fault with several port regulations aimed at curbing noise at Lindbergh Field, including aspects of the curfew.

Many of the disputed regulations, notably the curfew, have been in effect for years and have been widely accepted by carriers, said Dan Wilkens, deputy port director.

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“The airlines are complying,” Wilkens said.

Officials of the FAA could not be reached for comment late Friday.

Among the guidelines disputed by the FAA is the curfew on departures by newer, quieter aircraft between 11:30 p.m. and 6:30 a.m. (However, the FAA approved the port’s ban on flights by older, noisier planes between 10 p.m. and 7 a.m.)

In addition, the FAA challenged:

* The port’s policy of levying administrative fines of up to $5,000 against airlines that violate the curfew.

* The port’s timetable for the phase-out of older, noisier aircraft.

* The port’s prohibition against airline departures that exceed 104 decibels on takeoff.

“It is the intention of the district to continue to enforce all of these restrictions to the fullest extent possible,” the port said in its statement. “It is lamentable that these regulations, which had enjoyed complete and unparalleled consensus among all local elected, appointed and affected officials, are now in question.”

Port lawyers plan to maintain discussions with FAA regulators, officials said.

At the heart of the dispute, Wilkens said, is the FAA’s determination that a broad set of noise control and other regulations adopted by the port in December, 1988, were never formally implemented. The port dispute’s the FAA’s position, contending that the guidelines were formally in force.

The issue is pivotal because congressional legislation passed last November established new national standards for regulating noise and other matters at U.S. airports; some of the new national guidelines may be at variance with the Lindbergh Field restrictions.

However, the new law specifically allows for the continued enforcement of regulations that were in effect before last November.

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“We believe we were grandfathered in,” Wilkens said.

Lindbergh Field is used by 11 million airline passengers annually, Wilkens said.

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