[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Notices]
[Pages 17277-17278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9140]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Revision No. 1 to the Approved Noise Compatibility 
Program for Palm Springs Regional Airport, Palm Springs, CA

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on Revision No. 1 to the Approved Noise Compatibility Program 
for the Palm Springs Regional Airport, submitted by the city of Palm 
Springs, California, under the provisions of Title I of the Aviation 
Safety and Noise Abatement Act of 1979 (Pub. L. 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 of Palm Springs, California 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 Palm Springs Regional Airport. On March 19, 1997, the 
Associate Administrator for Airports approved Revision Number 1 to the 
Approved Noise Compatibility Program for Palm Springs Regional Airport. 
One (1) additional measure to the approved program was approved.

EFFECTIVE DATE: The effective date of the FAA's approval of the Noise 
Compatibility Program for Palm Springs Regional Airport is March 19, 
1997.

FOR FURTHER INFORMATION CONTACT: David B. Kessler, AICP, Environmental 
Protection Specialist, AWP-611.2, Planning Section, Western-Pacific 
Region, Federal Aviation Administration, PO Box 92007, Worldway Postal 
Center, Los Angeles, California 90009-2007, Telephone 310/725-3615, 
Street Address: 15000 Aviation Boulevard, Room 3012, 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 to Revision No. 1 to the Approved Noise 
Compatibility Program for Palm Springs Regional Airport, effective 
March 19, 1997. 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 sponsor 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 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 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, California 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

[[Page 17278]]

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 for phased 
implementation by airport management and adjacent jurisdictions from 
the date of study completion to or beyond, 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). The Noise Compatibility Program was approved by the FAA on 
July 26, 1995. On September 27, 1996 the FAA began its review of 
Revision No. 1 to the approved program 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 revision to the approved program contained one (1) 
proposed action for establishing a permanent noise and flight track 
monitoring system. The FAA completed its review and determined that the 
procedural and substantive requirements of the Act and FAA part 150 
have been satisfied. Revision Number 1 to the Approved Noise 
Compatibility Program, was therefore approved by the Associate 
Administrator for Airports effective March 19, 1997.
    Outright approval was granted for the one (1) new Continuing 
Program Measure for provision of establishment of a permanent noise and 
flight track monitoring system.
    This determination is set forth in detail in a Record of Approval 
endorsed by the Associate Administrator for Airports on March 19, 1997. 
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.

    Issued in Hawthorne, Calif. on March 28, 1997.
Robert C. Bloom,
Acting Manger, Airports Division, AWP-600, Western-Pacific Region.
[FR Doc. 97-9140 Filed 4-8-97; 8:45 am]
BILLING CODE 4910-13-M