Approval of Noise Compatibility Program, Lake Tahoe Airport, South Lake Tahoe, CA

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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