reglab/statecodes huggingface dataset:
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 1 - General › Section 5000 - Preamble

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following rules and regulations are promulgated in
					 accordance with Article 3, Chapter 4, Part 1, Division 9, Public Utilities Code
					 (Regulation of Airports) to provide noise standards governing the operation of
					 aircraft and aircraft engines for all airports operating under a valid permit
					 issued by the Department of Transportation. These standards are based upon two
					 separate legal grounds:
(1) the power
				  of airport proprietors to impose noise ceilings and other limitations on the
				  use of the airport, and
(2) the
				  power of the state to act to an extent not prohibited by federal law. The
				  regulations are designed to cause the airport proprietor, aircraft operator,
				  local governments, pilots, and the department to work cooperatively to diminish
				  noise problems. The regulations accomplish these ends by controlling and
				  reducing the noise impact area in communities in the vicinity of
				  airports.
1. Amendment
					 filed 2-20-90; operative 3-22-90 (Register 90, No. 10).
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 1 - General › Section 5002 - Liberal Construction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter shall be liberally construed and applied to
					 promote its underlying purposes which are to protect the public from noise and
					 to resolve incompatibilities between airports and their surrounding
					 neighbors.
1.
					 Renumbering of former Section
					 5002 to Section
					 5003, and renumbering of Section
					 5001 to Section
					 5002 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 1 - General › Section 5003 - Constitutionality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any provision of this subchapter or the application
					 thereof to any person or circumstance is held to be unconstitutional, the
					 remainder of the subchapter and the application of such provision to other
					 persons or circumstances shall not be affected thereby.
1.
					 Renumbering of former Section
					 5003 to Section
					 5004, and renumbering of former
					 Section 5002 to Section
					 5003 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 1 - General › Section 5004 - Provisions Not Exclusive

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this subchapter are not exclusive, and
					 the remedies provided for in this subchapter shall be in addition to any other
					 remedies provided for in any other law or available under common law. It is not
					 the intent of these regulations to preempt the field of aircraft noise
					 limitation in the state. The noise limits specified herein are not intended to
					 prevent any local government to the extent not prohibited by federal law or any
					 airport proprietor from setting more stringent standards.
1.
					 Renumbering and amendment of former Section
					 5004 to Section
					 5005, and renumbering of former
					 Section 5003 to Section
					 5004 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 1 - General › Section 5005 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations establish to the extent not prohibited by
					 Federal law a mandatory procedure which is applicable to all airports in
					 California that are required to operate under a valid permit issued by the
					 department. These regulations are applicable (to the extent not prohibited by
					 Federal law) to all operations of aircraft and aircraft engines which produce
					 noise.
The regulations established by this subchapter are not
					 intended to set noise levels applicable in litigation arising out of claims for
					 damages occasioned by noise. Nothing herein contained in these regulations
					 shall be construed to prescribe a duty of care in favor of, or to create any
					 evidentiary presumption for use by, any person or entity other than the State
					 of California, counties and airport proprietors in the enforcement of these
					 regulations.
1.
					 Renumbering and amendment of former Section
					 5005 to Section
					 5006, and renumbering and
					 amendment of former Section
					 5004 to Section
					 5005 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 1 - General › Section 5010 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of these regulations is to provide a positive
					 basis to accomplish resolution of existing noise problems in communities
					 surrounding airports and to prevent the development of new noise problems. To
					 accomplish this purpose, these regulations establish a quantitative framework
					 within which the various interested parties (i.e., airport proprietors,
					 aircraft operators, local communities, counties and the state) can work
					 together cooperatively to reduce and prevent airport noise problems.
1. Amendment
					 filed 2-20-90; operative 3-22-90 (Register 90, No. 10).
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 1 - General › Section 5011 - Methodology for Controlling and Reducing Noise Problems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of former Section
					 5011 to Section
					 5037 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 1 - General › Section 5012 - Airport Noise Standard

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The standard for the acceptable level of aircraft noise for
					 persons living in the vicinity of airports is hereby established to be a
					 community noise equivalent level of 65 decibels. This standard forms the basis
					 for the following limitation.
No airport proprietor of a noise problem airport shall
					 operate an airport with a noise impact area based on the standard of 65 dB CNEL
					 unless the operator has applied for or received a variance as prescribed in
					 Article 5 of this subchapter.
1. Repealer
					 of former Section
					 5012, and renumbering and
					 amendment of former Section
					 5062 to Section
					 5012 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 1 - General › Section 5013 - Noise Impact Boundary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 2-20-90; operative 3-22-90 (Register 90, No. 10).
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 1 - General › Section 5014 - Incompatible Land Uses Within the Noise Impact Boundary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of determining the size of the noise impact
					 area, the following land uses are incompatible:
(a) Residences, including but not limited to,
				  detached single-family dwellings, multi-family dwellings, high-rise apartments
				  or condominiums, and mobile homes, unless:
(1)
				  an avigation easement for aircraft noise has been acquired by the airport
				  proprietor, or
(2) the dwelling
				  unit was in existence at the same location prior to January 1, 1989, and has
				  adequate acoustic insulation to ensure an interior CNEL due to aircraft noise
				  of 45 dB or less in all habitable rooms. However, acoustic treatment alone does
				  not convert residences having an exterior CNEL of 75 dB or greater due to
				  aircraft noise to a compatible land use if the residence has an exterior
				  normally cognizable private habitable area such as a backyard, patio, or
				  balcony. Or,
(3) the residence is a
				  high rise apartment or condominium having an interior CNEL of 45 dB or less in
				  all habitable rooms due to aircraft noise, and an air circulation or air
				  conditioning system as appropriate, or
(4) the airport proprietor has made a genuine
				  effort as determined by the department in accordance with adopted land use
				  compatibility plans and appropriate laws and regulations to acoustically treat
				  residences exposed to an exterior CNEL less than 80 dB (75 dB if the residence
				  has an exterior normally occupiable private habitable area such as a backyard,
				  patio, or balcony) or acquire avigation easements, or both, for the residences
				  involved, but the property owners have refused to take part in the program,
				  or
(5) the residence is owned by
				  the airport proprietor.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 1 - General › Section 5015 - Changes in Airport Ownership or Control

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-30-78 as an emergency, effective upon filing (Register 78, No.
					 22).
2. Certificate of Compliance filed 9-22-78 (Register 78, No.
					 38).
3. Renumbering and amendment of former Section
					 5015 to Section
					 5090 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10).
Note: Authority cited: Section
						21243,
						Public Utilities Code. Reference: Sections
						21669-
						21669.5,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 2 - IMPLEMENTATION BY COUNTIES › Section 5020 - Designating Noise Problem Airport

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any county may, at any time, in accordance with the
					 procedure herein, declare any airport within its boundaries to have a noise
					 problem, by adopting a resolution to this effect and forwarding it to this
					 department. In making the determination, the county shall:
(a) Review relevant information, including
				  but not limited to, the record of complaints made, and litigation filed, by
				  residents of the area regarding airport related aircraft noise.
(b) Investigate the possible existence of a
				  noise impact area.
(c) Coordinate
				  with and give due consideration to the recommendations of the applicable
				  airport land use commission established under section
				  21670
				  of the Public Utilities Code.
(d)
				  For an airport with joint use by both military and civilian aircraft
				  operations, base its finding only on civilian operations.
1.
					 Renumbering and amendment of former Section
					 5020 to Section
					 5032, and new Section
					 5020 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 78, No.
					 22.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-21669.4, Public Utilities
						code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 2 - IMPLEMENTATION BY COUNTIES › Section 5021 - Review of Finding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person or government agency shown, by the results of an
					 investigation conducted under section
					 5020(b) or by
					 independent competent evidence, to own, reside in, or have jurisdiction over
					 any area within the 65 dB CNEL boundary of any airport may seek review of the
					 finding of the county under section
					 5020 solely on the issue of
					 substantial evidence by filing a petition to this effect with the department
					 within 10 days of adoption of the finding.
1. Repealer
					 and new section filed 2-20-90; operative 3-22-90 (Register 90, No. 10). For
					 prior history, see Register 78, No. 22.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 2 - IMPLEMENTATION BY COUNTIES › Section 5022 - County Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The county wherein a noise problem airport is situated
					 shall enforce this subchapter.
1.
					 Renumbering and amendment of former Section
					 5022 to Section
					 5034, and new Section
					 5022 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 78, No.
					 22.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 2 - IMPLEMENTATION BY COUNTIES › Section 5023 - Noise Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The county shall require the airport proprietor for each
					 airport within its jurisdiction determined to have a noise problem, for which
					 the estimated location of the noise impact boundary extends into incompatible
					 land uses, to establish a program of noise monitoring to validate the location
					 of the noise impact boundary in accordance with a monitoring plan approved by
					 the department.
1. Repealer
					 and new section filed 2-20-90; operative 3-22-90 (Register 90, No. 10). For
					 prior history, see Register 78, No. 22.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 2 - IMPLEMENTATION BY COUNTIES › Section 5024 - Audit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For each noise problem airport, the county shall review and
					 audit noise monitoring data supplied by the airport proprietor for the purpose
					 of ensuring that the data were produced in accordance with the monitoring
					 system plan approved by the department and that the information presented by
					 the airport proprietor is certified as being true and correct by the person in
					 charge of operating the noise monitoring system. Duplicative monitoring by the
					 county is not required.
1.
					 Renumbering of former Section
					 5024 to Section
					 5047, and new Section
					 5024 filed 2-20-90; operative
					 3-22-90 (Register 90, No 10). For prior history, see Register 78, No.
					 22.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 2 - IMPLEMENTATION BY COUNTIES › Section 5025 - County Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The county shall submit quarterly to the department for
					 each noise problem airport within 75 days after the end of each calendar
					 quarter, a report containing at least the following information:
(a) A map illustrating the location of the
				  noise impact boundary, as validated by measurement, and the location of
				  measurement points, in the four preceding calendar quarters;
(b) The annual noise impact area as obtained
				  from the preceding four calendar quarterly reports, an estimate of the number
				  of dwelling units, and the number of people residing therein;
(c) The daily CNEL measurement, together with
				  identification of the date on which each measurement was made, number of total
				  aircraft operations during the calendar quarter, estimated number of operations
				  of the highest noise level aircraft type (as defined in the 14th Code of
				  Federal Regulations, Part 1, for the certification of airmen) in the calendar
				  quarter, and any other data pertinent to the activity. The Hourly Noise Level
				  (HNL) data shall be retained for at least 3 years, and made available to the
				  department upon request.
(d) The
				  quarterly report shall include use of a standard information format provided by
				  the department (form DOA 617, dated 10/89). The standard form provides a
				  listing for certain summary information including size of noise impact area and
				  the aircraft operational data specified in paragraph (c) above.
1.
					 Renumbering and amendment of former Section
					 5025 to Section
					 5049, and new Section
					 5025 filed 2-20-90; operative
					 2-20-90 (Register 90, No. 10). For prior history, see Register 78, No.
					 22.
Note: Authority cited: Sections
						21243
						and
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 3 - IMPLEMENTATION BY AIRPORT PROPRIETORS › Section 5030 - Cooperation with County

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  airport proprietors shall cooperate with the county in the county's
				  investigations to determine the existence of a noise problem and shall furnish
				  data it may have concerning the location of the 65 and 70 dB CNEL contours upon
				  request by the county.
1.
					 Renumbering and amendment of former Section
					 5060(a) to
					 Section 5030 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For history of former Section
					 5030, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 3 - IMPLEMENTATION BY AIRPORT PROPRIETORS › Section 5031 - Establishment of the Noise Impact Boundary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each noise problem airport shall measure, establish and
					 validate noise impact boundaries by noise monitoring as required by this
					 subchapter and shall furnish such information to the county.
1.
					 Renumbering and amendment of former Section
					 5060(b) to
					 Section 5031 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For history of former Section
					 5031, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 3 - IMPLEMENTATION BY AIRPORT PROPRIETORS › Section 5032 - Validation of the Noise Impact Boundary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The noise impact boundary shall be validated by
					 measurements made at locations approved for this purpose by the department. The
					 noise problem airport proprietor shall ascertain the noise impact boundary
					 within a tolerance of plus or minus 1.5 decibels annual CNEL by measurements
					 made in accordance with, and at locations designated in, a noise monitoring
					 plan approved by the department. The noise impact boundary may be ascertained
					 directly from information gathered from monitors or from the combined use of an
					 approved computer model and the data reported by the noise monitoring system.
					 Monitoring shall be accomplished at locations in the approved monitoring system
					 layout plan. The locations shall be selected to facilitate locating the maximum
					 extent (closure points) of the noise impact boundary when the contour
					 extremities encompass incompatible land uses.
1.
					 Renumbering and amendment of former Section
					 5020 to Section
					 5032 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For history of former Section
					 5032, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 3 - IMPLEMENTATION BY AIRPORT PROPRIETORS › Section 5033 - Submittal of Monitoring Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each proprietor of a noise problem airport shall submit a
					 description of the proposed monitoring plan to the department for approval
					 containing at least the following information:
(a) the general monitoring system plan,
				  including at least locations and the type of instrumentation to be
				  employed;
(b) Justification for any
				  proposed deviations from the measurement system locations specified in these
				  regulations;
(c) Statistical
				  sampling plan proposed for intermittent monitoring at community
				  locations;
(d) Additional
				  information as pertinent or as requested by the department.
1.
					 Renumbering and amendment of former Section
					 5063 to Section
					 5033 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Sections
						21243
						and
						21669,
						Public Utilities Code. Reference: Air Transport Association of America v.
						Crotti (N.D.Cal. 1975) 389 F.Supp. 58.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 3 - IMPLEMENTATION BY AIRPORT PROPRIETORS › Section 5034 - Frequency of Measurement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  airports with 1,000 or more homes within the noise impact boundary based on
				  CNEL of 70 dB, continuous monitoring is required at those monitoring positions
				  which fall within residential areas. Measurement for at least 48 weeks in a
				  year shall be considered as continuous monitoring.
(b) For all other noise problem airports, an
				  intermittent monitoring schedule is allowed. The intermittent monitoring
				  schedule shall be designed so as to obtain the resulting annual CNEL as
				  computed from measurements at each location which will correspond to the value
				  that would be measured by a monitor operated continuously throughout the year
				  at that location, within an accuracy of plus or minus 1.5 dB.
Thus, it is required that the intermittent monitoring
					 schedule be designed to obtain a realistic statistical sample of the noise at
					 each location. As a minimum, this requires that measurements be taken
					 continuously for 24-hour periods during four 7-day samples throughout the year,
					 chosen so that for each sample, each day of the week is represented, the four
					 seasons of the year are represented, and the results account for the effect of
					 annual proportion of runway utilization. At most airports, these intermittent
					 measurements can be accomplished by a single portable monitoring
					 instrument.
1.
					 Renumbering and amendment of former Section
					 5022 to Section
					 5034 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 3 - IMPLEMENTATION BY AIRPORT PROPRIETORS › Section 5035 - Schedule of Implementation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 90 days following the declaration by a county that
					 an airport has a noise problem, and current estimates indicate that a noise
					 impact area exists, the airport proprietor shall forward a schedule of major
					 actions and events involved in the initiation of noise monitoring to the county
					 and to the department. The schedule shall include an estimate of the number of
					 dwelling units inside the 70 dB CNEL contour based upon current airport
					 operations, and the forecast dates for budget amendments, contract award,
					 system design, system construction, system installation, and the system
					 becoming operational in cases where continuous monitoring is required.
1. New
					 section filed 2-20-90; operative 3-22-90 (Register 90, No. 9). For history of
					 former Section
					 5035, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 3 - IMPLEMENTATION BY AIRPORT PROPRIETORS › Section 5037 - Suggested Methodology for Controlling and Reducing Noise Problems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The methods whereby the impact of airport noise may be
					 controlled and reduced include, but are not limited to, the following:
(a) Encouraging use of the airport by
				  aircraft classes with lower noise level characteristics and discouraging use by
				  higher noise level aircraft classes;
(b) Encouraging approach and departure flight
				  paths and procedures to minimize the noise in residential areas;
(c) Planning runway utilization schedules to
				  take into account adjacent residential areas, noise characteristics of aircraft
				  and noise sensitive time periods;
(d) Reduction of the flight frequency,
				  particularly in the most noise sensitive time periods and by the noisier
				  aircraft;
(e) Employing shielding
				  for advantage, using natural terrain, buildings, and other obstructions to
				  noise; and
(f) Development of
				  compatible land uses within the noise impact boundary through rezoning,
				  acquisition of avigation easements for noise (voluntarily in exchange for
				  acoustical insulation, an agreed fee, or by eminent domain), application of
				  acoustical insulation, or acquisition of property as examples.
Preference shall be given to actions which reduce the
					 impact of airport noise on existing communities. Land use conversion involving
					 existing residential communities shall normally be considered the least
					 desirable action for achieving compliance with these regulations.
1.
					 Renumbering and amendment of former Section
					 5011 to Section
					 5037 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21).
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 3 - IMPLEMENTATION BY AIRPORT PROPRIETORS › Section 5039 - Grounds for Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure of the airport proprietor to comply with the
					 provisions of this subchapter constitutes a ground for revocation of its
					 airport permit.
1.
					 Renumbering and amendment of former Section
					 5064 to Section
					 5039 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21668,
						Public Utilities Code. Reference: Section
						21668,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 4 - Implementation by the Department › Section 5040 - Departmental Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt of a petition for review under section
					 5021, the department shall conduct
					 an investigation on, and make a determination as to, whether the county's
					 finding is based on substantial evidence. If the department determines the
					 county's finding to be not based on substantial evidence, it may either remand
					 the matter to the county for reconsideration or decide the issue on the merits,
					 either classifying the airport as having a noise problem or not. Notice of the
					 determination and of classification as to whether a noise problem exists,
					 together with the record of the investigation, shall be served by mail on the
					 county, the airport proprietor, and the petitioner. The determination shall,
					 unless a request for hearing is filed, become final on the day after the time
					 for demanding a hearing has lapsed.
1.
					 Renumbering and amendment of former Section
					 5040 to Section
					 5048, and new Section
					 5040 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10.) For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 4 - Implementation by the Department › Section 5041 - Hearing on Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon services of a determination, the county, airport
					 proprietor, or petitioner under section
					 5021, may demand a hearing by
					 notice to the department, county, airport proprietor, petitioner, and any
					 additional parties of interest in writing within 10 days. The department shall
					 then arrange for the hearing in accordance with the Administrative Procedure
					 Act (Government Code, Section
					 11,
					 500 et
					 seq.) and will give appropriate consideration to the findings and
					 recommendations of the administrative law judge before issuing its final
					 determination.
1. New
					 section filed 2-20-90; operative 3-22-90 (Register 90, No. 10).
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4
						and
						21669.6,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 4 - Implementation by the Department › Section 5042 - Effective Date of Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon a final determination that the county's finding is not
					 based on substantial evidence, the department shall issue a decision regarding
					 whether the airport shall be deemed a noise problem airport.
1. New
					 section filed 2-20-90; operative 3-22-90 (Register 90, No. 10).
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 4 - Implementation by the Department › Section 5043 - Approval of Noise Monitoring Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department will consider monitoring system plans filed
					 by airport proprietors for approval in accordance with the requirements of
					 these regulations.
1. New
					 section filed 2-20-90; operative 3-22-90 (Register 90, No. 10).
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 4 - Implementation by the Department › Section 5044 - Review of Quarterly Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department will review the data submitted quarterly by
					 the counties for the purpose of assessing progress toward reducing the noise
					 impact area. The department's review will include, but not be limited to,
					 observation of any changes in noise monitor positions, and numerical values of
					 CNEL.
1.
					 Renumbering and amendment of former Section
					 5065 to Section
					 5044, and new Section
					 5044 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 4 - Implementation by the Department › Section 5045 - Retention of Monitoring Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department will maintain the quarterly reports of noise
					 monitoring forwarded by the counties pursuant to these regulations for three
					 years in accordance with the provisions of the California Public Records Act
					 (Government Code, Chapter 3.5, Division 7, Title 1, Section
					 6250 et seq.).
1.
					 Renumbering and amendment of former Section
					 5045 to Section
					 5070, and new Section
					 5045 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 4 - Implementation by the Department › Section 5046 - Detailed Specifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of former Section
					 5046 to Section
					 5071 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 4 - Implementation by the Department › Section 5047 - Deviations from Specified Measurement Locations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Recognizing the unique geographic and land use features
					 surrounding specific airports, the department will consider measurement plans
					 tailored to fit any airport for which the specified CNEL monitoring locations
					 are impractical. For example, monitors should not be located on bodies of water
					 or at points where other noise sources might interfere with aircraft CNEL
					 measurements, nor are measurements required in regions where land use will
					 clearly remain compatible.
1.
					 Renumbering and amendment of former Section
					 5047 to Section
					 5072, and renumbering of former
					 Section 5024 to Section
					 5047 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 4 - Implementation by the Department › Section 5048 - Additional Monitoring Locations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in this subchapter precludes any airport proprietor
					 from establishing monitors in addition to those required herein.
1.
					 Renumbering and amendment of former Section
					 5048 to Section
					 5073, and renumbering and
					 amendment of former Section
					 5040 to Section
					 5048 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 4 - Implementation by the Department › Section 5049 - Alternative Measurement Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The use of noise measurement systems that are more
					 extensive or technically improved over those specified herein is encouraged,
					 particularly at airports where a major noise problem requires more
					 comprehensive noise monitoring, for example, to monitor noise abatement flight
					 procedures. Airports contemplating the acquisition of such monitoring systems
					 may apply to the department for exemptions from specific monitoring
					 requirements set forth in this subchapter.
1.
					 Renumbering and amendment of former Section
					 5025 to Section
					 5049 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 79, No.
					 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 5 - VARIANCES › Section 5050 - Variances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In granting variances, the department shall be guided by
					 the underlying policy that the proprietor of each existing airport having a
					 noise impact area be required to develop and implement programs to reduce the
					 noise impact area of the airport to an acceptable degree in an orderly manner
					 over a reasonable period of time.
1. Repealer
					 of former Section
					 5050, and renumbering and
					 amendment of former Section
					 5075(a) to
					 Section 5050 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Registers 85, No. 51 and
					 79, No. 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 5 - VARIANCES › Section 5051 - Variance Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A proprietor of a noise problem airport may request
					 variances from the requirement of Section
					 5012 for periods of not exceeding
					 three years as set forth hereinafter.
1.
					 Renumbering and amendment of former Section
					 5075(b) to
					 Section 5051 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 85, No.
					 51.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 5 - VARIANCES › Section 5052 - Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The airport
				  proprietor shall apply to the department for a variance.
(b) An application for a variance shall be
				  made upon a form which the department shall make available (DOA Form 618, dated
				  11-21-89).
(c) Such application
				  shall set forth the reasons why the airport proprietor believes a variance is
				  necessary. The application shall state the date by which the airport proprietor
				  expects to achieve compliance with the requirement that there not be a noise
				  impact area based upon the airport noise standard identified in Section
				  5012. The application shall set
				  forth an incremental schedule of noise impact area reductions for the
				  intervening time.
1.
					 Renumbering and amendment of former Section
					 5075(b)(1)-(b)(3)
					 to Section
					 5052 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 85, No.
					 51.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 5 - VARIANCES › Section 5053 - Conditions of Variance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department may grant a variance if to do so would be in
					 the public interest. In weighing the public interest, the department's
					 considerations include but are not limited to the following:
(a) The economic and technological
				  feasibility of complying with the noise standards set by these
				  regulations;
(b) The noise impact
				  should the variance be granted;
(c)
				  The value to the public of the services for which the variance is sought;
				  and
(d) Whether the airport
				  proprietor is taking good faith measures to the best of its ability to achieve
				  the airport noise standards.
1.
					 Renumbering and amendment of former Section
					 5075(b)(4)-(b)(5)
					 to Section
					 5053 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 85, No.
					 51.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 5 - VARIANCES › Section 5054 - Reasonable Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department in granting a variance may impose reasonable
					 conditions to achieve the purposes of this subchapter of these
					 regulations.
1.
					 Renumbering and amendment of former Section
					 5075(b)(7) to
					 Section 5054 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Register 85, No.
					 51.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 5 - VARIANCES › Section 5055 - Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On its own motion, or upon the request of any person or
					 governmental agency residing, owning property within, or having jurisdiction
					 over, the noise impact area, the department shall hold a public hearing under
					 the provisions of the Administrative Procedure Act on the application for
					 variance. Any person may obtain from the department information on pending
					 requests for variances at any time.
1.
					 Renumbering and amendment of former Section
					 5075(b)(6) to
					 Section 5055 filed 2-20-90; operative
					 3-22-90 (Register 90, No. 10). For prior history, see Registers 85, No. 51 and
					 79, No. 21.
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 2.5 - Division of Aeronautics (Department of Transportation) › Chapter 6 - Noise Standards › Article 5 - VARIANCES › Section 5056 - Burden of Proof

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The burden of proof shall be upon the applicant for the
					 variance.
1. New
					 section filed 2-20-90; operative 3-22-90 (Register 90, No. 10).
Note: Authority cited: Section
						21669,
						Public Utilities Code. Reference: Sections
						21669-
						21669.4,
						Public Utilities Code.