[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Notices]
[Pages 43486-43487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20677]



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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration


Approval of the Noise Compatibility Program for Palm Springs 
Regional Airport, Palm Springs, California

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 for the Palm Springs 
Regional Airport (PSP), submitted by the city of Palm Springs, 
California, under the provisions of Title I of the Aviation Safety and 
Noise Abatement Act of 1979 (Public Law 96-193) (hereinafter referred 
to as ``the Act'') and 14 CFR Part 150. These findings are made in 
recognition of the description of Federal and non federal 
responsibilities in Senate Report No. 96-52 (1980). On November 28, 
1994, the FAA determined that the Noise Exposure Maps, submitted by the 
city under 14 CFR Part 150, were in compliance with applicable 
requirements. On July 25, 1995, the Associate Administrator for 
Airports approved the Noise Compatibility Program for PSP. Twenty-four 
(24) of the twenty-six (26) proposed noise abatement measures were 
approved, one (1) measure was approved in part pending submission of 
additional information and the other measure was deferred pending 
additional information.

EFFECTIVE DATE: The effective date of the FAA's approval of the Noise 
Compatibility Program for Palm Springs Regional Airport is July 25, 
1995.

FOR FURTHER INFORMATION CONTACT:
Charles B. Lieber, Airport Planner, Airports Division, AWP-611.1, 
Federal Aviation Administration, Western-Pacific Region. Mailing 
address: P.O. Box 92007, Worldway Postal Center, Los Angeles, 
California 90009-2007. Telephone number: (310) 725-3614. Street 
address: 15000 Aviation Boulevard, Hawthorne, California 90261. 
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 of the Noise Compatibility Program for Palm 
Springs Regional Airport, effective July 25, 1995.
    Under Section 104(a) of the Aviation Safety and Noise Abatement Act 
of 1979 (herein after 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 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 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 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 
navigable airspace and air traffic control 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 implementation action. A request for Federal 
action or approval to implement 

[[Page 43487]]
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 
Division Office in Hawthorne, California.
    The city of Palm Springs submitted to the FAA on March 3, 1994, the 
noise exposure maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from September 
23, 1993 through July 18, 1995. The Palm Springs Regional Airport noise 
exposure maps were determined by FAA to be in compliance with 
applicable requirements on November 28, 1994. Notice of this 
determination was published in the Federal Register on December 16, 
1994.
    The Palm Springs Regional Airport study contained a proposed Noise 
Compatibility Program comprised of actions designed to phased 
implementation by airport management and adjacent jurisdictions from 
the date of study completion to the year 1999. It was requested that 
the FAA evaluated 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 January 26, 1995 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-day period 
shall be deemed an approval of such program.
    The submitted program contained twenty-six (26) 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 approval by the Associate Administrator for Airports 
effective July 26, 1995.
    Outright approval was granted for twenty-four (24) of the twenty-
six (26) specific program measures. One (1) measure approved the use of 
NBAA departure procedures while the use of Advisory Circular 91-53A 
denature procedure for air carrier aircraft was disapproved pending 
submission of additional information. The other measure was deferred 
pending further review of flight procedures under the provisions of 
Section 104(b) of the aviation Safety and Noise Abatement Act of 1979 
(as amended). The approved measures included such items as encourage 
noise abatement departure profiles by jets; encourage delayed 
application of taxing thrust until aligned with runway centerline; 
maintain continued restrictions on engine maintenance runups; continue 
short approaches to R/W31L by northeast arrivals; build a noise berm 
along the south side of Vista Chino; extend noise wall on west side of 
Runway 13R-31L; retain compatible land uses around the airport within 
the 60 CNEL; amend several parcels in the General Plan from residential 
to commercial or professional; adopt land use compatibility guidelines 
for discretionary review of projects within the 60 CNEL; rezone several 
existing parcels from residential to professional or commercial; amend 
subdivision regulations to provide for the dedication of aviation 
easements and filing of fair disclosure agreements for subdivisions 
within the airport combining zoning boundary; conduct an acoustical 
study of recently built homes within the 67-70 CNEL; amend building 
codes setting forth sound insulation standards for use within the 
airport combining zones; offer a sound insulation program for existing 
single family homes within the 65 CNEL; acquire homes and vacant lots 
inside future runway protection zones and within the 65 CNEL; through 
site plan review, encourage development of properties north and south 
of airport to screen adjacent homes (north) and school (south) from 
ground noise; maintain a complaint response system, and review and 
update Noise Exposure Maps and the Noise Compatibility Program as 
necessary.
    These determinations are set forth in detail in the Record of 
Approval endorsed by the Associate Administrator for Airports on July 
25, 1995. 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 Palm Springs Regional Airport, Palm Springs, California.

    Issued in Hawthorne, California on August 4, 1995.
Herman C. Bliss,

Manager, Airports Division, AWP-600, Western-Pacific Region.

[FR Doc. 95-20677 Filed 8-18-95; 8:45 am]
BILLING CODE 4910-13-M