[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31811]
[[Page Unknown]]
[Federal Register: December 27, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program, Lake Tahoe Airport,
South Lake Tahoe, CA
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
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SUMMARY: The Federal Aviation Administration (FFA) announces its
findings on the noise compatibility program submitted by the City South
Lake Tahoe, California, under the provisions of Title I of the Aviation
Safety and Noise Abatement Act of 1979 (Public Law 96-193) 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
(1989). On November 14, 1994 the FAA determined that the noise exposure
maps submitted by the City under Part 150 were in compliance with
applicable requirements. On November 14, 1994, the Assistant
Administrator for Airports approved the Lake Tahoe Airport noise
compatibility program. Thirteen (13) of the proposed action elements
were approved and four (4) elements were disapproved for purposes of
Part 150.
EFFECTIVE DATE: The effective date of the FAA's approval of the Lake
Tahoe Airport noise compatibility program is November 14, 1994.
FOR FURTHER INFORMATION CONTACT:
John L. Pfeifer, Manager, Airports District Office, SFO-600, Federal
Aviation Administration, San Francisco Airports District Office, 831
Mitten Road, Room 210, Burlingame, California 94010-1303. 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 the Lake
Tahoe Airport, effective November 14, 1994.
Under Section 104(a) of the Aviation Safety and Noise Abatement Act
of 1979 (hereinafter referred to as ``the Act''), an airport operator
who has previously submitted a noise exposure map, may submit to the
FAA, a noise compatibility program which sets for the measures taken or
proposed by the airport operator for the reduction of existing
noncompatible land uses and prevention of additional noncompatible 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 judgment for that of
the airport proprietor with respect to which measures should be
recommended for action. The FAA's approval or disapproval of FAR 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 noncompatible land uses around the airport
and preventing the introduction of additional noncompatible land uses;
c. Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against type 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 light 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. Where federal funding is sought, request for project grant must be
submitted to the Airports District Office at the location identified in
FOR FURTHER INFORMATION CONTACT clause above. The City of South Lake
Tahoe submitted to the FAA on September 24, 1992, the Noise Exposure
Maps, descriptions, and other documentation produced during the noise
compatibility planning study conducted from January 1984 through
December 1991. The Lake Tahoe Airport noise exposure maps were
determined by FAA to be in compliance with applicable requirements on
May 18, 1994. Notice of this determination was published in the Federal
Register on June 8, 1994.
The Lake Tahoe Airport Study contains proposed noise compatibility
program comprised on actions designed for phased implementation by
airport management and adjacent jurisdictions from the date of study
completion to (or beyond) the year 2000. It was requested that the FAA
evaluate and approve this material as a noise compatibility program as
described in Section 104(b) of the Act. The FAA began its review of the
program on November 14, 1994, and was required by a provision of the
Act to approve or disapprove the program within 180-days (other than
the use of new flight procedures for noise control). Failure to approve
or disapprove such program within the 180-days period shall be deemed
to be an approval of such a program.
The submitted program contained seventeen (17) proposed actions for
noise mitigation 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,
therefore, was approved by the Associate Administrator for Airports
effective November 14, 1994.
Outright approval was granted for thirteen (13) of the specific
program elements. The approved elements included existing noise
abatement procedures, preferential runway use procedures, runup
policies, request FAA advisories, noise abatement program, noise
monitoring system, rezoning, navigation easements, and property
purchase options. Four (4) program elements were disapproved for
purposes of Part 150 pending submission of sufficient information.
These determinations are set forth in detail in a Record of
Approval endorsed by the Assistant Administrator for Airports on
November 14, 1994. 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 City of South Lake Tahoe.
Questions may be directed to the individual named above under the
heading, FOR FURTHER INFORMATION CONTACT
Issued in Hawthorne, California on November 30, 1994.
Robert C. Bloom,
Acting Manager, Airports Division, AWP-600 Western-Pacific Region.
[FR Doc. 94-31811 Filed 12-23-94; 8:45 am]
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