State California Regulations TITLE 21. PUBLIC WORKS DIVISION 2.5. DIVISION OF AERONAUTICS (DEPARTMENT OF TRANSPORTATION) database is current through 09/29/06, Register 2006, No. 39 Note: Authority and reference cited: Sections 14001 and 14500, Government Code. s 3525. Preamble. The following rules and regulations are promulgated in accordance with Public Utilities Code, State Aeronautics Act. These rules and regulations do not supersede any of the regulations of the Federal Aviation Administration (FAA). The term "airport" shall apply equally to heliports unless specified for "airports only" or "heliports only." Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661 -21668.2, Public Utilities Code. s 3526. General. (a) These regulations are intended to be used in conjunction with relevant FFA Advisory Circulars (ACs); Title 14, Code of Federal Regulations [(CFRs); also referred to as Federal Aviation Regulations (FARS)]; and California Public Utilities Code (PUC), State Aeronautics Act , Sections 21001 et seq. (b) Variations in proposed sites may justify the Department of Transportation's (Department's) reasonable deviations from the basic requirement contained herein through variances. Any justification for deviation must be balanced against the effect it would have on the safe use of the airport when compared to other advantages of the site. (c) The Department hereby incorporates by reference pertinent sections of the following FAA ACs, all readily available from the FAA: AC 70/7460-1J, "Obstruction Marking and Lighting," 1/1/96. AC 150/5300-13, "Airport Design," 9/29/89 including through Change 4, 11/10/94; AC 150/5325-4A, "Runway Length Requirements for Airport Design", 1/29/90 including through Change 1, 3/11/91; AC 150/5340-1G, "Standards for Airport Markings", 9/27/93; AC 150/5340-5B, "Segmented Circle Airport Marker System", 12/21/84 including through Change 1, 2/25/85; AC 150/5340-24, "Runway & Taxiway Edge Lighting Systems," 9/3/75 including through Change 1, 11/25/77; and AC 150/5390-2A, "Heliport Design," 1/20/94. Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3527. Definitions. Except as provided in this section, the terms in these regulations are defined in the FARs; FAA ACs; and the PUC, State Aeronautics Act, Sections 21001 et seq. (a) Agricultural Airport: An airport restricted to use only by agricultural aerial applicator aircraft (FAR Part 137 Operators). (b) Approach Surface: A surface which begins at the end of the primary surface, with the same width as the primary surface, and extends outward and upward for a horizontal distance, width, and slope in accordance with FAR 77.25(d) for airports only and FAR 77.29(b) for heliports only. (c) Approach/Takeoff Path: The flight track, centered within an approach surface, which helicopters follow when landing at or taking off from a heliport. (d) Commercial Activities: Those activities which may offer a facility, service or commodity for sale, hire, profit, or any other business purpose. Examples of commodities for sale are: food, lodging, entertainment, real estate, petroleum products, parts and equipment. Examples of services are: flight training, charter flights, maintenance, aircraft storage and tie-down. Examples of a facility used for a business purpose are: facility used for the transport of persons for a corporate business purpose and a facility used to transport persons for compensation or hire. (e) Design Helicopter: A generic helicopter which, for helicopters expected to operate at a heliport, reflects the maximum of the following design characteristics: weight, overall length, main rotor diameter, height, and length/width of the undercarriage. (f) Displaced Threshold: A threshold at the approach end of a runway, not located at the physical end of a runway, which designates the beginning of the portion of the runway useable for landing. (g) Emergency Medical Services (EMS) Landing Site: A site used for the landing and taking of of EMS helicopters that is located at or as near as practical to a medical emergency or at or near a medical facility and (1) has been designated an EMS landing site by an officer authorized by a public safety agency, as defined in PUC Section 21662.1, using criteria that the public safety agency has determined is reasonable and prudent for the safe operation of EMS helicopters and (2) is used, over any twelve month period, for no more than an average of six landings per month with a patient or patients on the helicopter, except to allow for adequate medical response to a mass casualty event if that response causes the site to be used beyond these limits, and (3) is not marked as a permitted heliport as described in Section 3554 of these regulations and (4) is used only for emergency medical purposes. (h) Emergency Use Facility: An area for accommodating helicopters in support of emergency public safety agency operations, but it is not used as a heliport for any other purpose. (i) Final Approach and Takeoff Area (FATO): The area of a heliport over which the final phase of the approach to a hover or a landing is completed and from which the takeoff is initiated. (j) Heliport: an area of land, water, or structure used or intended to be used for the landing and takeoff of helicopters. (k) Obstruction to Air Navigation: Any object that is higher than any of the heights defined in FAR 77.23. (l) Offshore Oil Platform: A structure in the ocean, not connected to the shore by pier, bridge, wharf, dock or breakwater, used in the support of petroleum exploration or production. (m) Operation: Either the landing or takeoff of an aircraft. (n) Owner: The person with the authority to possess the facility, which may be in "fee simple" or a leasehold for a period of at least one year. (o) Personal-Use Airport: An airport limited to the noncommercial activities of an individual owner or family and occasional invited guests. (p) Primary Surface: (1) For airports only: A surface longitudinally centered on a runway with a width and length determined in accordance with FAR 77.25(c). (2) For heliports only: The area of the primary surface, in accordance with FAR 77.29(a), coincides in size and shape with the designated FATO of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation. (q) Public-Use Airport: An airport that is open for aircraft operations to the general public and is listed in the current edition of the Airport/Facility Directory that is published by the National Ocean Service of the U.S. Department of Commerce. (r) Relocated Threshold: Defines the start of the usable portion of a runway, but is not located at the physical end of a runway. (s) Runway (airports only): A defined rectangular area of an airport prepared for the landing and takeoff of aircraft. (t) Safety Area: (1) For airports only: A defined surface surrounding the runway or taxiway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway or taxiway. (2) For heliports only: A defined area on a heliport surrounding the FATO which is free of objects at or above the elevation of the closest point of the TLOF, other than those required for air navigation purposes, and is intended to reduce the risk of damage to helicopters accidentally diverging from the FATO. Objects required for air navigation purposes within this area shall be on frangible mounts and shall not penetrate the approach or transitional surfaces by more than two inches. (u) Seaplane Landing Site: An area of water used, or intended for use, for landing and taking off of seaplanes. (v) Site Approval Permit: A written approval issued by the Department authorizing construction of an airport in accordance with approved plans, specifications, and conditions. (w) Special-Use Airport: An airport not open to the general public, access to which is controlled by the owner in support of commercial activities, public service operations and/or personal use. (x) Taxiway: A designated, but not necessarily paved, path or route for aircraft to taxi from one airport area to another. (y) Temporary Helicopter Landing Site: A site, other than an emergency medical service landing site at or near a medical facility, which is used for landing and taking off of helicopters and (1) is used or intended to be used for less than one year, except for recurrent annual events, and (2) is not marked or lighted to be distinguishable as a heliport and (3) is not used exclusively for helicopter operations. (z) Threshold: The beginning of that portion of the runway available and suitable for landing of aircraft. (aa) Touchdown and Liftoff Area (TLOF): The load bearing area of a heliport that is centered within the FATO and upon which a helicopter lands or takes off. (bb) Transitional Surface: Surface which extends outward and upward from the lateral boundaries of the primary surface and from the approach surfaces in accordance with FAR 77.25(e) for airports only or FAR 77.29(c) for heliports only. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2 and 21006, Public Utilities Code. s 3528. Applications. s 3529. Notice to Interested Parties. s 3530. Permit Requirements. (a) No person may hold an airport open for use, unless otherwise exempted, without first applying for and obtaining and appropriate permit or authorization as required by the Department. (b) No aircraft takeoff or landing may be made at a site that is not permitted, exempted, or authorized in accordance with these regulations. (c) A separate heliport permit is not required for a designated heliport located within the boundaries of a permitted airport if the heliport meets heliport design standards as described in Article 4 of these regulations. (d) Any permit issued by the Department shall continue in effect so long as the airport meets the conditions under which the permit is issued or until action is taken by the Department to revoke or suspend the permit. (e) When airport ownership changes, the new airport owner shall submit an application [an Amended/Corrected Airport Permit-Application (DOA-0103 (Rev. 10/96) for airports only) or a Corrected Heliport Permit-Application (DOA-0202 (Rev. 10/96) for heliports only)] and documentation showing who owns the airport to the Department within 30 days of such change. (f) Before physical or operational changes are made which affect conditions which have been imposed upon operation of the airport, the airport owner shall submit an application [an Amended/Corrected Airport Permit-Application (DOA-0103 (Rev. 10/96) for airports only) or a Corrected Heliport Permit-Application (DOA-0202 (Rev. 10/96) for heliports only)] and supporting documentation identified on the applicable form to the Department to remove, add, or amend the conditions. The application and supporting documentation shall be submitted to the Department by the airport owner at least 30 working days prior to the physical or operational change. Note: Authority cited: Sections 21243, 21663 and 21664.5, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3531. Site Approval Permits. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3532. Temporary Permits (Airports Only). (a) No person may make aircraft landings and takeoffs from a nonpermitted or nonexempt site without first applying for and obtaining a temporary airport authorization from the Department to conduct such operations. (b) For a temporary airport authorization other than for helicopter operations within 1000 feet of a school, a person shall apply for a temporary airport authorization by submitting a letter to the Department. Information to be submitted with the letter, for the application to be complete, is as follows: (1) Name of person applying and name of the aircraft operator; (2) Site location (latitude and longitude or other descriptive information which will assist in locating site); (3) Local area map with site plotted on map (United States Geological Survey, city map, etc.); (4) Type(s) of aircraft to use the site; (5) Period and expected number of operations (landings and takeoffs); (6) Purpose and description of operations; (7) Letter or notice of approval from local governing body (city or county); and (8) Letter or notice of approval by landowner. (c) For a temporary airport authorization for helicopter operations within 1000 feet of a school: (1) No person may takeoff or land a helicopter within 1000 feet of the boundary of any public or private school that maintains kindergarten classes or any classes in grades 1 through 12, unless at a permitted heliport or an EMS landing site, without first applying for and obtaining a Helicopter Landing Authorization (HLA) from the Derpartment or from a public safety agency (PSA) designated by the Department. (2) To apply for an HLA, a person shall submit to the Department, or to a PSA designated by the Department, a completed Helicopter Landing Authorization-Application [Form DOA-0204 (Rev. 5/97)]. The application shall include the following: (A) a signed statement from the administration of each school that is within 1000 feet of the proposed helicopter operations stating that the administration does not object to the proposed helicopter operations at the site and the administration waives its right to demand a public hearing in accordance with PUC Section 21662.5 and (B) a signed statement approving the helicopter operations from the landing site's owner, if the helicopter operations will not be on school property. (d) The Department shall evaluate temporary airport sites on the basis of the airport design standards in Article 3 and 4 of these regulations. Variances may be granted from design standards when safety of flight or the interests of the general public are not jeopardized. (e) Temporary airport authorizations are for specific events and specified time periods. Note: Authority cited: Sections 21243, 21662, 21662.5 and 21666, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3533. Exemptions. (a) All airports in the State of California, except those owned or operated by the United States Government, are subject to the permitting requirements of these regulations. (b) The following classes of airport are exempt from the permitting requirements of these regulations pursuant to PUC Section 21661: (1) Agricultural airports; (2) Seaplane landing sites; (3) Personal use airports in unincorporated areas which meet the requirements of Article 5 of these regulations; (4) Any airport which has heretofore been established and which is currently being used pursuant to exemption granted under previous regulations of the Department. Such airports shall continue to be exempt, provided the use and conditions pertaining to such exemption continue to be met. Such airports shall be marked in accordance with Section 3560(e) of these regulations; (5) Heliports established on offshore oil platforms; (6) Temporary helicopter landing sites that are not within 1000 feet of the boundary of a public or private school maintaining kindergarten classes or any classes in grades 1 through 12; (7) Emergency medical services (EMS) Landing Sites; (8) Emergency use facilities. (c) An owner of an exempt airport may apply for a permit under these regulations. (d) The above-listed exemptions do not supersede or negate any requirements of Federal agencies or local government jurisdictions. (e) An airport's exemption ceases if the airport's owner no longer operates the airport within the limitations of the exemption. Note: Authority cited: Sections 21243, 21650.1 and 21661, Public Utilities Code. Reference: Sections 21650-21650.2, 21661-21668.2 and 21006, Public Utilities Code. s 3534. Applications for an Airport Permit. (a) Application to construct or establish an airport for which a permit is required in accordance with these regulations shall, prior to the construction or establishment of the proposed airport, be submitted to the Department for approval on a Site Approval Permit Application form [DOA-0100, (Rev. 10/96) for airports only or DOA-0201, (Rev. 10/96) for heliports only]. (b) For the Department to consider an application complete, the following items shall be submitted as a part of the Site Approval Permit Application: (1) Two copies of scaled drawings of the airport and adjoining areas that show: (A) the airport meets or exceeds the design standards established in Article 3 (for airports only) or Article 4 (for heliports only) of these regulations, unless the Department has granted a variance to a specific standard; (B) arrows for magnetic and true north; (C) magnetic alignment of the centerline of each approach surface; for a heliport that has multiple, consecutive approach surfaces which create a sector, include the magnetic alignment of each approach surface which defines the limits of the sector; (D) locations and heights of structures, highways, railways, above ground wires, above ground cables, poles, fences, vegetation, and other potential obstructions that underlie the airport's imaginary surfaces as defined in FAR Part 77.25 (for airports only) or 77.29 (for heliports only); and (E) additional information that is pertinent to the safe use of the airport; (2) Topographic map that shows the location and altitude of the aircraft traffic patterns relative to the airport (for airports only) or the location of the approach surfaces relative to the heliport (for heliports only); (3) Local area map or drawing depicting the airport and the location of schools, places of public gatherings, and residential areas within two miles of the centerline of a proposed runway or within 1,000 feet of the center of a proposed FATO; (4) Documentation of approval of the plan for construction by either the Board of Supervisors of the county or the City Council of the city (as appropriate) in which the airport is to be located; (5) Documentation of action by the Airport Land Use Commission of the county in which the airport is to be located (as appropriate); (6) Documentation of compliance with the California Environmental Quality Act; (7) Documentation showing ownership of the airport; and (8) FAA Airspace Determination for the airport. (c) Upon completion of the airport, the airport owner shall notify the Department and request an airport permit authorizing the airport to be opened for operations. The Department shall inspect the airport. If the airport meets all the conditions of the Site Approval Permit, the Department shall issue the airport permit. (d) Examples of the various application forms are found in the Appendix of these regulations. Note: Authority cited: Sections 21243 and 21664, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3535. Processing Time. (a) Within 10 working days after receipt of an application for a permit or temporary airport authorization, the Department shall notify the person applying in writing if the application is incomplete. An incomplete application cannot be processed. A complete application will initiate the permitting or authorization process. (b) The Department's time periods for processing any complete application or notification per Section 3534(c) of these regulations from receipt to the final decision regarding issuance or denial of a permit or authorization are as follows: (1) minimum time: 15 working days; (2) median time: 30 working days; and (3) maximum time: 45 working days, depending on proceedings/outcome of a public hearing or other problems. Note: Authority cited: Section 21243, Public Utilities Code; and Section 15376, Government Code. Reference: Sections 21661-21668.2, Public Utilities Code; and Section 15376, Government Code. s 3536. Revocation and Suspension. An airport owner may request, by notification in writing to the Department, that the Department suspend or revoke the airport permit. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3537. Temporary Permits (for Period Not More Than 30 Days). s 3540. General. (a) The information and standards included in this Article establish minimum standards for a permitted airport suitable for airplanes with a design approach speed of less than 91 knots, a wingspan of less than 49 feet, and a maximum certificated takeoff weight of 12,500 pounds or less. (b) Design standards for runways and taxiways shall be in accordance with FFA ACs. (c) Obstruction standards and designation of imaginary surfaces related to airports shall be in accordance with FAR Part 77. (d) The Department may grant variances to these design and obstruction standards. These variances may be granted where reasonable conditions exist and the interests of the general public will not be compromised. (e) The Department may require flight demonstrations by the airport's owner to assist in determining whether requested variances would affect safety. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3541. Obstructions and Hazards. Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21659 and 21661-21668.2, Public Utilities Code. s 3542. Airport Design Standards. As a minimum, the following items are required for a permitted airport: (a) runway and runway safety area; (b) a wind cone; (c) a segmented circle with traffic pattern indicators if: (1) the airport has right traffic to any runway and (2) the airport does not have an operational air traffic control tower during all airport operating hours; (d) runway and taxiway markings in accordance with Section 3543(a) of these regulations; (e) clear 20:1 approach surfaces to each end of each runway's primary surface or to its displaced threshold; (f) clear 7:1 transitional surfaces to each runway's primary surface and approach surfaces; and (g) If night use is planned, airport lighting in accordance with Section 3543(b) of these regulations. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3543. Marking, Lighting and Visual Aids. (a) Airport marking. Airport markings are as follows: (1) runway and taxiway markings: (A) markings for paved runways and taxiways shall be in accordance with FAA AC 150/5340-1G and shall include runway designation numbers, centerline, runway holding position, and, if applicable, displaced or relocated threshold markings. Additionally, a runway that is not open to the general public shall be marked with the letter "R" at each runway end. The "R" shall be at least 20 feet in height and 11 feet in width. Line width shall be 30 inches. The marking is to be painted white and it shall be kept in a clearly distinguishable condition. (B) markings for unpaved runways shall include delineation of runway ends and, if applicable, displaced threshold bars. Additionally, an unpaved runway that is not open to the general public shall be marked with the letter "R". The "R" shall be located adjacent to the runway as near as practical to either the runway mid-point or each end of the runway, and in a location that is not a hazard to aircraft operations. The "R" shall be at least 20 feet in height and 11 feet in width. Line width shall be 30 inches. The marking shall be a color that provides contrast with the ground and it shall be kept in a clearly distinguishable condition. Any materials used to delineate features on a runway or taxiway or to construct the "R" shall be constructed such that they are not a hazard to aircraft operations. (2) markings of a closed or abandoned runway shall be in accordance with FAA AC 150/5340-1G. (b) Airport Lighting. An airport lighting system is required for night operations. An airport lighting system consists of the following: (1) runway edge and threshold lights in accordance with FAA AC 150/5340-24. (2) a lighted wind cone; (3) if traffic pattern indicators are required in accordance with Section 3542(c) of these regulations, they shall be illuminated; (4) if a runway is lighted and it is not open to the general public, at least one "R", as required in Section 3543(a) of these regulations, shall be illuminated; and (5) obstruction lights as follows: (A) at a public-use airport, any obstruction to air navigation as defined in FAR 77.23 shall be lighted in accordance with FAA AC 70/7460-1J, unless the FAA has conducted an aeronautical study and determined that the lighting is not necessary for safety and the Department concurs. (B) at an airport that is not for public-use, the airport owner shall survey the airport area and shall identify objects that are obstructions to air navigation as defined in FAR 77.23. The Department shall evaluate the obstructions and determine whether obstruction lighting is required. Note: Authority cited: sections 21243 and 21253, Public Utilities Code. Reference: Sections 21650.1 and 21661-21668.2, Public Utilities Code. s 3544. Personal-Use Airports. Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3545. Special-Use Airports. Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3550. General. (a) The information and standards included in this Article establish minimum standards for a permitted heliport suitable for a design helicopter. (b) Design standards for a permitted heliport shall be in accordance with FAA ACs. (d) The Department may grant variances to these design and obstruction standards. These variances may be granted where reasonable conditions exist and the interests of the general public will not be compromised. (e) The Department may require flight demonstrations by the heliport's owner to assist in determining whether requested variances would affect safety. Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3551. Heliport Design Standards. As a minimum, the following items are required for a permitted heliport: (a) final approach and takeoff area (FATO) with: (1) a length and width or diameter that is at least one and one half times the overall length of the design helicopter. This area shall be free of objects, to include safety nets and guard rails, at or above the closest point of the touchdown and lift-off area (TLOF); (2) a safety area, surrounding the FATO, that is the greater of one third times the main rotor diameter of the design helicopter or ten feet; and (3) a load bearing portion that: (A) is centered within the FATO and, if the entire FATO is not load bearing, is delineated as a TLOF. A delineated TLOF shall be at least 1.5 times the undercarriage length or width, whichever is greater, of the design helicopter; (B) is free of objects and surface irregularities; and (C) has a grade that does not exceed 2%. If approved by the Department, the grade may exceed 2% to allow for a curb around the edges so long as the curb is tapered so that it does not present a sharp lip that could create a pivot point for a helicopter's landing gear. If allowed, this curb shall not exceed two inches in height; (b) a wind cone; (c) at least one clear 8:1 approach surface to the FATO, centered along an approach/takeoff path; (d) heliport markings as described in Section 3554(a) of these regulations; (e) clear 2:1 transitional surfaces to the FATO and approach surfaces; and (f) if night use is planned, heliport lighting in accordance with Section 3554(b) of these regulations. Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3552. Heliport Imaginary Surfaces. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3553. Elevated Heliport Design. Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3554. Marking, Lighting, and Visual Aids. (a) Heliport Marking. All markings, except for FATO and TLOF boundary markings, shall be oriented to be legible when flying toward the heliport using the primary approach/takeoff path. Heliport markings are as follows: (1) an underlined letter "H" that shall be centered within the FATO and it shall be at least 10 feet in height. If the heliport is at a medical facility, the underlined letter "H" shall be red and it shall be imposed in the middle of a 30 ' white cross. A heliport not open to the public may utilize a company logo or some other marking in lieu of the "H" if approved by the Department; (2) either FATO or TLOF boundary markings in accordance with Chapter 3 of the FAA AC 150/5390-2A. A heliport may have both FATO and TLOF boundary markings; (3) a heliport not open to the public shall be marked with the letters "PVT" in letters at least 5 feet in height that are located on the FATO; (4) a heliport that is restricted to helicopters under a certain weight (e.g., rooftop heliport), shall be marked with a weight limit marking, in thousands of pounds, that is located on the FATO; (5) a landing direction arrow shall be used when an approach/takeoff path is constrained by environmental or safety concerns which require the precise navigation that the arrow affords. An arrow shall not be used for curved approach; and (6) markings of a closed or abandoned heliport shall be in accordance with FAA AC 150/5390-2A. (b) Heliport Lighting. A heliport lighting system is required for night operations. No lights may penetrate the heliport's primary, approach, or transitional surfaces by more than two inches. Any lighting fixture used shall present a low profile to minimize interference with ground maneuvering and flight operations. A heliport lighting system consists of the following: (1) perimeter lighting in accordance with Chapter 3 of the FAA AC 150/5390-2A. Floodlights may be used in lieu of perimeter lights if approved by the Department. If approved by the Department, floodlights shall be located and oriented so they do not interfere with the pilot's ability to see clearly during takeoff, landing, or taxiing; (2) a lighted wind cone; (3) if a landing direction arrow is required in Section 3554(a)(5) of these regulations, the arrow shall have landing direction lights centered within it; and (4) obstruction lights as follows: (A) at a public-use heliport, any obstruction to air navigation as defined in FAR 77.23 shall be lighted in accordance with FAA AC 70/7460-1J, unless the FAA has conducted an aeronautical study and determined that the lighting is not necessary for safety and the Department concurs. (B) at a heliport that is not for public-use, the heliport owner shall survey the heliport area to identify objects that are obstructions to air navigation as defined in FAR 77.23. The Department shall evaluate the obstructions and determine whether obstruction lighting is required. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3555. Surface Stabilization and Pavement Design. Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. s 3556. Fire Protection. Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 2166.1-21668.2, Public Utilities Code. s 3557. Applications. s 3558. Notice to Interested Parties. s 3559. Site Approval Permit or Amended Site Approval Permit Requirements. s 3560. General. Many elements in the design of Personal-Use airports are at the discretion of the owner. However, the Department requires at least the following: (a) a runway length and width or FATO dimensions adequate to enable aircraft to operate safely, considering airport location and the performance data of the most demanding aircraft to utilize the airport; (b) the ends of each runway shall be at least 200 feet from the airport property line or the closest point of each FATO shall be at least 80 feet from the airport property line; (c) the distance from the runway centerline to the property line of another owner shall be at least 50 feet; (d) the distance from the taxiway centerline to the property line of another owner shall be at least 50 feet; and (e) if the airport is identifiable as an airport from the air, it shall be marked with the letter "R" in accordance with Section 3543(a) [for airports only] or the letters "PVT" in accordance with Section 3554(a)(3) [for heliports only]. If an airport lighting system is installed, it shall illuminate the required markings. The Department shall determine whether or not the airport is identifiable from the air if there is a dispute. Note: Authority cited: Sections 21243 and 21253, Public Utilities Code. Reference: Sections 21661-21668.2, Public Utilities Code. Appendix Figure 1. Cutaway Perspective Heliport Design s 3570. School Site Evaluation Criteria. (a) The following definitions apply within these regulations: (1) "Airport runway" means any runway, or potential runway included in an airport master plan, that would be within two nautical miles of any boundary of a proposed school site that a school district intends to acquire. (2) "Forecast aviation activity" means a projection of future aviation activity included in an airport master plan; or a regional transportation plan or similar document; or as provided by an airport owner or operator during the course of an investigation as required by Education Code Section 17215. (3) "Runway" means a defined rectangular surface on an airport prepared or suitable for the landing or takeoff of airplanes. (b) The State Department of Transportation (Department) shall investigate a proposed school site after receiving a written notice from the State Department of Education (Education) that includes a scaled map accurately depicting the location and boundaries of the proposed school site relative to any airport runway. (c) The Department's investigation shall consider, but is not limited to considering: comments relevant to the proposed site acquisition received from an airport owner and operator, an airport land use commission having jurisdiction, a local planning commission having jurisdiction, and other public entities, when appropriate; existing and forecast aviation activity for each airport runway; where the proposed school site lies relative to aircraft flight paths and aircraft generated noise; and consistency with an adopted land use plan, military airfield Air Installation Compatible Use Zone study, General Plan, and similar planning documents. (d) Based upon its investigation, the Department shall evaluate whether or not a school in the proposed location would be consistent with the enabling statute's guiding principles of promoting the safety of pupils, comprehensive community planning, and the greater educational usefulness of school sites. The Department shall recommend against acquisition of any proposed school site that it determines may not provide an adequate level of safety or non-disruptive noise for students based on aviation safety and aircraft noise considerations at the proposed site. (1) The Department shall object to the acquisition of a proposed school site that would be within any of the following areas for existing or forecast aviation activity: (A) a runway protection zone, which is an area for a: a. civilian runway that is depicted in Figure 1 and has dimensions as shown in Table 1 b. military runway that is depicted and has dimensions as in Figure 2 (B) 65 decibel annual Community Noise Equivalent Level (CNEL) aircraft noise contour, as defined in 21 CCR section 5001(d). (2) The Department may object to the acquisition of a proposed school site that would be within any of the following areas for existing or forecast aviation activity: (A) where aircraft approaching or departing an airport are expected to be below cruise flight altitude. These areas are substantially enclosed within the areas depicted in Figure 2 and described as: 1. inner approach/departure zone, where aircraft are typically 200 to 400 feet above runway elevation for straight-in arrivals or straight-out departures 2. inner turning zone, where aircraft are typically turning and descending for landing or turning and climbing for departure 3. out approach/departure zone, where aircraft are generally below traffic pattern altitude and flying either an elongated traffic pattern or a published instrument approach procedure; this zone will be aligned with the extended runway centerline for an elongated traffic pattern and aligned with the published instrument approach procedure, when that procedure is not aligned with the extended runway centerline; each runway may have more than one outer approach/departure zone. 4. sideline zone, where aircraft may lose directional control on takeoff 5. traffic pattern zone, includes all portions of an airport's designated traffic pattern and pattern entry routes. (B) where an adopted airport land use plan, military airfield Air Installation Compatible Use Zone study, General Plan, or similar planning document identifies schools as not normally compatible or not normally recommended. (C) any other site that the Department determines may not provide an adequate level of safety of non-disruptive noise for students based on aviation safety and aircraft noise considerations. Figure 1 Runway Protection Zone Table 1. Runway Protection Zone (RPZ) Dimensions for Civilian Runways ----------------------------------- 1 The RPZ dimensions are for the runway end with the specified approach visibility minimums. 2 "Aircraft approach category" means a grouping of aircraft based on 1.3 times their stall speed in their landing configuration at their maximum certificated landing weight. The categories are as follows: Category A: speed less than 91 knots Category B: speed 91 knots or more but less than 121 knots Category C: speed 121 knots or more but less than 141 knots Category D: speed 141 knots or more but less than 166 knots Category E: speed 166 knots or more 3 "Small airplane" means an airplane of 12,500 pounds or less maximum certificated takeoff weight Figure 2 Note: Authority cited: Section 17215, Education Code. Reference: Section 17215, Education Code. s 3580. Definitions. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21684.5 and 21684.6, Public Utilities Code. s 3585. Program. s 3586. Program Implementation. s 3590. Design. s 3591. Restrictions. s 3592. Waivers. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Statutes 1979, chapter 511, sections 1 and 4. s 4050. Purpose. The regulations in this chapter establish rules and procedures to implement the California Aid to Airports Program (CAAP). The purpose of the CAAP is to assist in establishing and improving a statewide system of safe and environmentally compatible airports whose primary benefit is for general aviation (GA). The CAAP includes Annual Credits pursuant to Public Utilities Code (PUC) section 21682; the Airport Improvement Program (AIP) Matching Grants pursuant to PUC section 21683.1; and Acquisition and Development (A&D) Grants pursuant to PUC section 21683. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602, 21682, 21683 and 21683.1, Public Utilities Code. s 4051. Waivers. s 4052. Definitions. In addition to definitions set forth in the State Aeronautics Act (PUC sections 21001 et seq.), the terms defined below apply within these regulations: (a) Air Navigational Facilities means: rotating beacons; approach aids such as approach lights, runway end identifier lights, visual approach slope indicators; automated weather reporting systems; and other fixed electronic or visual devices designed to assist the pilot of an aircraft determine the aircraft's location and flight path. (b) Airport is defined in PUC section 21013. (c) Airport Drainage means providing for drainage to make the airport operationally usable and to preserve pavement. (d) Airport Improvement Program (AIP) means the Federal Aviation Administration's (FAA's) grant funding program for airports, which are included in the NPIAS. (e) Airport Land Use Commission (ALUC) is defined in PUC section 21670. (f) Airport Land Use Compatibility Plan (ALUCP), formerly known as a "comprehensive land use plan" (CLUP), is described in PUC section 21675. (g) Airport Layout Plan (ALP) means a scaled drawing of an airport showing the existing and proposed facilities at the airport. An ALP shall depict, at a minimum: (1) The boundaries of the airport's property. (2) The operational areas of the airport, which are the runways, taxiways, hangars and aprons where aircraft are in motion or are parked. (3) The runway protection zones, existing and future planned. (4) The buildings and facilities within the boundaries of the airport's property. (5) Arrows depicting true north and magnetic north. (6) Its completion date and the name of the person and/or firm that prepared the ALP. (7) A notice of adoption by the public entity or by the airport owner; and approval by the FAA for a NPIAS airport. (h) Airport Master Plan: means a document that contains the following: (1) the airport's current airport layout plan and (2) a long-range, typically 20-year period, plan for the airport's development that includes technical, operational, and financial justification for the proposed development. (i) Bond Servicing means the payment of interest due and of underwriting fees for revenue or general obligation bonds issued by an airport sponsor to finance capital improvement projects for airport and aviation purposes; and it does not include the payment of debt principal. (j) Capital Improvement Plan (CIP), formerly known as "Capital Improvement Program," is an element of the California Aviation System Plan (CASP), in accordance with PUC section 21702(f). (k) Department means the Division of Aeronautics within the California Department of Transportation. (l) Environmental Mitigation means measures necessary to minimize any significant impacts on land use, air and water quality, biological and geological resources, objects of historical or aesthetic significance, and other environmental resources of a plan or project funded pursuant to these regulations. (m) FAA means the Federal Aviation Administration. (n) Fencing means perimeter or security fencing, including gates and access control devices for GA purposes. (o) General Aviation (GA) is defined in PUC section 21681(c). (p) General Aviation (GA) Purposes means improvements on airports that are needed to sustain and continue GA activities that include, but are not limited to, the following: (1) Recreation; (2) Business travel; (3) Airport-based aviation businesses that teach people to fly; or operate charters for hire; or sell fuel, aircraft, and other aviation-related products; (4) Aircraft manufacture and repair; (5) Aerial or agricultural application; (6) Television, radio, news or weather reporting; (7) Law enforcement; (8) Firefighting; (9) Emergency medical service; (10) Aerial photography; (11) Transporting organs or blood or tissue for transplant; (12) Pollution control over waterways, shores, and harbors; (13) Scientific research and development; (14) Wildlife surveys; (15) Insect control and abatement; (16) Banking; (17) Search and rescue; (18) Response to emergencies; (19) Land surveys; (20) Powerline/pipeline patrol; (21) Aerial cranes for construction and lifting large objects; (22) Non-scheduled cargo flights; (23) Advertising with banners or skywriting; (24) Sports such as gliders, aerobatics, and parachuting; and (25) Transporting perishable and time-sensitive goods on non-scheduled flights. "GA purposes" refers to the maximum dimensions or system requirements for airport capital improvement projects to serve the GA traffic, which uses a particular airport, in terms of runway and taxiway length, width, and depth, or type and extent of repair or new construction. (q) Land Acquisition means to purchase land to develop and improve an airport to meet existing or forecast GA needs, as specified in an adopted ALP. If the airport is in the NPIAS, the adopted ALP must be approved by the FAA. It includes funding of a claim for any deposit paid by the sponsor when the sponsor has to condemn a parcel in order to purchase it. Land can be acquired for any of the following: (1) Airport Drainage needed to make the airport operationally usable and to preserve pavement. (2) Airport protection to fulfill the requirements of section 4058 of these regulations. (3) To meet conditions of an airport's permit issued pursuant to PUC section 21662. (4) Property to be used for the operation and movement of aircraft (e.g., landing and takeoff surfaces, taxiways, aprons, aircraft loading, boarding, parking areas, hangars); those areas within the airport boundary reserved for safety purposes; and off-airport property that is secured by an avigation easement or by fee simple acquisition for safety purposes. (5) Environmental Mitigation. (6) Air Navigational Facilities. (7) Runway Protection Zones. (r) Lights means airport lighting equipment for GA purposes, as specified in PUC section 21681(f)(8). (s) NPIAS means the National Plan of Integrated Airport Systems developed by the Federal Aviation Administration. (t) Project means an action undertaken by a public entity to improve the aviation transportation system in California. A project may be a physical improvement, an acquisition of land, the preparation of a planning document, or other such items as defined elsewhere in this Chapter. (u) Project Services are functions a sponsor performs to complete an action for which the sponsor applies for funding pursuant to these regulations. Legal and administrative services are not "project services" within these regulations. "Project services" are performed for GA purposes, and are to improve the air transportation system in California; they include, but are not limited to, the following: (1) Environmental studies conducted to comply with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA); (2) Airport design; (3) Contract drawings; (4) Plans, Specifications, and Estimates (PS&E); (5) Preliminary studies; (6) Reports and drawings; (7) Soil investigation; (8) Mapping; (9) Construction staking and testing; (10) Land surveys; or (11) Project inspection. (v) Public Entity is defined in PUC section 21681(d). (w) Runway Protection Zones is described in PUC section 21681(f)(4). (x) Service Life means the length of time a facility, equipment, or product is useful as determined by either physical deterioration or obsolescence, whichever occurs first. (y) Sponsor means: (1) An ALUC; (2) A city or county designated by an ALUC to compete for funds in accordance with PUC section 21602(b); or (3) A public entity that is eligible to receive grants or loans from the Department for an airport open to the public. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21013, 21602, 21662, 21670, 21675, 21681 and 21702, Public Utilities Code. s 4055. Requirements. The following are requirements for sponsor participation in the California Aid to Airports Program (CAAP). The provisions of this article apply to applications for AIP Matching, Acquisition and Development (A&D), and Annual Credit funds. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21602, 21682, 21683, 21683.1 and 21688, Public Utilities Code. s 4056. Permit and Funding Requirements. (a) State Permit Requirement. (1) A sponsor shall possess a valid state permit for each public-use airport for which it requests funds, with the exception of sponsors which are: (A) Eligible pursuant to PUC section 21602(b), or (B) An ALUC applying to prepare or update an Airport Land Use Compatibility Plan (ALUCP). (2) The sponsor must obtain an appropriate site approval permit from the Department for the construction, establishment or expansion of the airport, in accordance with Title 21 CCR section 3525 et seq., prior to allocation of funds for the construction, establishment or expansion of an airport. (b) Special Aviation Fund. The sponsor shall establish a special aviation fund in accordance with PUC section 21684. The requirement for a special aviation fund shall be fulfilled if the sponsor has an accounting system that adequately accumulates and segregates expenditures and receipt of funds under this chapter. (c) Records. The sponsor shall keep all records of CAAP expenditures from the time funds are received from the Department until three years after receipt of the final payment from the Department. During that time, if the Department requests, the sponsor shall provide the Department with any or all records pertaining to the project. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602, 21662, 21663, 21664.5, 21675 and 21684, Public Utilities Code. s 4057. Operational Requirements. (a) The sponsor shall have sufficient control over airport operations to ensure public health and safety. Such control shall be in the form of airport operating procedures, rules or regulations that are adopted by local ordinance or resolution. This section shall not apply to sponsors which are: (1) Eligible pursuant to PUC section 21602(b), or (2) An ALUC. (b) No payment shall be made from the State Aeronautics Account for Annual Credits or A&D projects for an airport at which the Department determines general or commercial aviation activities are substantially restricted contrary to PUC sections 21682 or 21683. Note: Authority cited. Section 21243, Public Utilities Code. Reference. Sections 21002, 21602, 21680, 21681, 21682 and 21683, Public Utilities Code. s 4058. Airport Protection Requirements. Except for planning projects relative to airport development or zoning needs around an airport, the Department shall not pay for expenditure on any airport, or for the acquisition and development of any airport, unless: (a) The airport-owning entity has sufficient control, through ownership, easement, height restrictions, or zoning, over property in the vicinity of the airport to assure height restrictions that prevent obstructions to the airport's "Civil Airport Imaginary Surfaces" as depicted in Figure 3, or (b) If the airport-owning entity's control is not sufficient to prevent obstructions to the airport's "Civil Airport Imaginary Surfaces" as depicted in Figure 3, the Department will determine whether the existing restrictions are adequate to provide reasonable assurance that aircraft operations at the airport can be conducted without obstruction or will be otherwise free from hazards. The sponsor shall provide sufficient information to the Department, upon which the Department can make such a determination. Note: Authority cited. Section 21243, Public Utilities Code. Reference. Sections 21002 and 21688, Public Utilities Code. s 4059. Ineligible Projects. Payments from the Aeronautics Account are not allowed for any of the following projects: (a) With the exception of projects for "Land Acquisition" and "Project Services" as defined in section 4052, those projects that the sponsor has already started or completed, prior to allocation of AIP Matching or Acquisition and Development (A&D) funds. (b) "Land Acquisition," as defined in section 4052, if the sponsor purchases the property prior to the date the Department receives an application for AIP Matching or Acquisition and Development (A&D) funds, or a request for the disbursement of Annual Credit monies to acquire such property. (c) Legal and administrative costs incurred for "Land Acquisition" and "Project Services". (d) Matching AIP grant funds prior to sponsor's acceptance of the federal grant. (e) Projects not authorized under these regulations. (f) "Project services," as defined in section 4052, for projects that are neither funded nor completed under the CAAP. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602, 21681, 21682, 21683 and 21683.1, Public Utilities Code. s 4060. Resolution of Unallowable Costs. (a) If a sponsor's audit pursuant to PUC section 21686 identifies unallowable costs, the sponsor shall either: (1) Repay the Department for the unallowable costs within 30 days of the date that the sponsor submitted its audit findings to the Department or, (2) Request the Department waive the costs within 30 days of the date that the sponsor submitted its audit findings to the Department. If the sponsor requests a waiver of the costs, but the Department does not waive them, the sponsor shall repay the costs within 30 days' of its receipt of the Department's notice. The State Controller has the authority to withhold other state funds due the sponsor in order to repay the State Aeronautics Account when the sponsor fails to make restitution as required by this regulation. (b) "Unallowable costs" include funds used for "land acquisition" if the acquired land is not used for the purpose for which funding was authorized within three years of purchase unless the sponsor has a written waiver from the Department. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21680 and 21686, Public Utilities Code. s 4061. Eligible Acquisition and Development (A&D) Projects. An A&D project must be included in the Department's most recently adopted Capital Improvement Plan of the California Aviation System Plan to be eligible for A&D grant funds. In addition to the projects identified in PUC sections 21207 and 21681(f), the following capital improvements are eligible projects for A&D grants: (a) Aircraft Parking Tiedown Apron. Construction and reconstruction of aircraft parking tie-down apron areas for GA purposes, including necessary grading and drainage. (b) Airport Markings and Signage. Purchase and installation of airport markings and signage. Airport markings and signage are used for guiding operators of aircraft using runways, taxiways, aprons, service roads and aircraft parking areas on an airport. It includes, but is not limited to: painting of runways, taxiways, aprons, and aircraft parking areas; segmented circles; wind socks; traffic pattern indicators; wind tees; tetrahedrons; and other physical structures which provide visual indicators to assist pilots in safely maneuvering aircraft. (c) Airport Service Roads. Construction of airport service roads, which are roads, closed to the public, that provide access for emergency vehicles, airport service vehicles, and vehicles authorized by airport management. (d) Blast Barriers. Construction of blast barriers, which are natural or manufactured barricades used to absorb, divert or dissipate jet blast or propeller wash. (e) Environmental Mitigation, as defined in section 4052. (f) Objects/Obstructions/Hazards. Removal of objects from Runway Protection Zones and Runway Safety Areas, as depicted in Figures 1 and 2 respectively. Removal of hazards and the lighting or removal of obstructions that exceed the Civil Imaginary Surfaces, as depicted in Figure 3. The Department shall determine whether an object that exceeds the Civil Imaginary Surfaces, as depicted in Figure 3, is a "hazard" for the purposes of this regulation. (g) Pavement. Rehabilitation and maintenance of pavement. Pavement means a structural section that carries aircraft traffic on the ground. A structural section is comprised of layers of specified materials placed over the native soil to support the loads applied or accumulated during the design life of the pavement. (1) Rehabilitation is work performed to extend the service life of an existing pavement. Rehabilitation includes, but is not limited to: (A) An overlay, which is a layer placed on existing pavement to restore ride quality, to increase structural strength, or to extend the service life, and (B) Reconstruction, which is the partial or complete removal and replacement of a pavement. (2) Maintenance is work performed to preserve an existing pavement that is necessary for the safe and efficient use of an airport. Maintenance includes, but is not limited to, a slurry seal, which is a preservative bituminous coating, with aggregate, applied to a bituminous surface pavement for the purpose of waterproofing or rejuvenating it. (h) Project services, as defined in section 4052 and within the limits of section 4063. (i) Radio Communication Equipment. Purchase and installation of aviation radio communication equipment and facilities, which remain under sponsor control. (j) Water and Sanitary Systems. Purchase and installation of water and sanitary systems necessary for GA purposes on an airport. Note: Authority cited: Sections 21243 and 21681(f)(15), Public Utilities Code. Reference: Sections 21207, 21681, 21683 and 21706, Public Utilities Code. s 4062. Eligible Annual Credit Projects. Sponsors may use Annual Credit funds for expenditures specified in PUC sections 21681(f) and (g), and section 4061 of these regulations. Such facilities must remain under the ownership and control of the sponsor. In addition, sponsor may use Annual Credit funds for the acquisition and installation, as appropriate, of the following: (a) Aircraft Wash Facility, which is a paved area available to wash aircraft which has access to a water supply; is environmentally acceptable; and is accessible from the airport taxiway system. (b) Fueling Facility, which is a mechanism used to pump aviation gasoline or aircraft jet fuel into GA aircraft. (c) Local Matching Funds, which are funds to match a federally-funded AIP project. (d) Restrooms and Showers, which means a room(s) with the basic conveniences for a person to wash, which may include showers, and with at least one toilet. Note: Authority cited: Sections 21243, 21681(f)(15) and 21682, Public Utilities Code. Reference: Sections 21681 and 21682, Public Utilities Code. s 4062.1. Eligible AIP Matching Projects. A federally-funded AIP project must be included in the Department's most recently adopted Capital Improvement Plan of the California Aviation System Plan to be eligible for AIP Matching funds. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21683.1 and 21706, Public Utilities Code. s 4063. Program Description. Pursuant to PUC section 21683, sponsors may apply for A&D grants to fund projects described in section 4061 of these regulations that are primarily for GA purposes. (a) Local Matching Fund Requirements. The sponsor shall provide matching funds pursuant to PUC section 21684. Matching funds shall not consist of funds previously received from state or federal agencies, or funds previously used to match federal or state funds. No state or federal funds may be used to match an A&D grant. (b) Project Minimum. The minimum grant amount for an A&D funded project is an amount equal to twice the amount of an Annual Credit as specified in PUC section 21682(b). (c) Airport Maximum. The maximum A&D grant funding allocated to any airport in a fiscal year shall not exceed $500,000. The Department may grant an exception to this limit for any of the following conditions: (1) The airport's project requires additional funds to correct a design deficiency that would prevent the airport from meeting the design standards necessary to qualify for a permit for a new airport pursuant to CCR, Title 21, Article 3, section 3540 et seq. (2) The airport is not eligible for federal funding. (3) The Department determines that it is appropriate to exceed this maximum. For instance, it may be appropriate when a project's remoteness relative to required construction materials, such as rock plants, concrete plants, and asphalt plants, results in unusually high construction costs. The sponsor shall provide additional documentation if the Department determines that further information is required to sufficiently evaluate the appropriateness of exceeding the maximum annual allocation of $500,000. (d) Project Services. "Project services" can be a maximum of 12 percent of the total construction cost or land acquisition cost, including real estate costs of appraisal, escrow and title fees. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21666, 21681, 21683 and 21684, Public Utilities Code. s 4064. A&D Project Application Process. The Department will process all applications for allocation of funds for A&D grants that meet the requirements of this section. To apply for an A&D grant, the sponsor shall submit a completed and signed "Acquisition & Development Grant - Application" [DOA-0010 (Rev.01/2005)] to the Department with the following documentation included: (a) Local Government Approval. Either a resolution or minute order from the governing board of the sponsor documenting its authorization for filing the application for funding; accepting the allocation of funds for the project; executing the grant agreement; and naming the person authorized to sign any documents required to apply for and accept these funds on the sponsor's behalf. The resolution or minute order shall also certify the availability of matching funds from the sponsor, or other non-state/non-federal funding source, to meet the required local share of the project cost in the state fiscal year for which the application is made. (b) Federal Aviation Administration Documentation. The FAA's final determination regarding the sponsor's submission of Federal form(s), such as FAA Form 7460-1 or FAA Form 7480-1, when applicable. (c) Environmental Compliance. Verification that sponsor is in compliance with the California Environmental Quality Act (CEQA) for the project. During the CEQA public review period, the sponsor, or its representative, shall circulate all environmental documents for the project through the Department and the Office of Planning and Research, State Clearinghouse. (d) Airport Layout Plan or Drawing with Project Information. An Airport Layout Plan (ALP), as defined in section 4052, with a depiction of the proposed project and its location highlighted. The ALP shall be: (1) The most recent FAA approved version if the airport is in the NPIAS or (2) An 11 x 17-inch drawing of the airport approved by the sponsor if the airport is not in the NPIAS. Either an electronic version or a legible hardcopy of the ALP, or the 11 x 17- inch drawing, is acceptable. This subdivision does not apply to a grant to prepare a new ALP; a new Airport Land Use Compatibility Plan (ALUCP); or an update to an existing ALUCP. (e) Sponsor Eligibility and Airport Protection and Programming Requirements. A completed and signed "California Aid to Airports Program (CAAP) -Certification" form [DOA-0007 (Rev. 01/2005)] to certify eligibility pursuant to Article 2 of these regulations. This subdivision does not apply if the sponsor has previously submitted a completed certification form to the Department for the same fiscal year in which the project is planned; or if the project is for an ALP, Master Plan, or ALUCP. (f) Additional Documentation. Sponsor shall submit project cost estimates. Sponsor shall provide additional documentation if the Department determines that further information is required to sufficiently evaluate the project for funding. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602, 21681, 21683, 21688 and 21706, Public Utilities Code. s 4065. Allocation Procedures. s 4066. Program Description. Pursuant to PUC section 21683.1, sponsors may apply for AIP Matching grants to assist the sponsor in meeting the local match for federally-funded AIP projects. Local Matching Fund Requirements. In accordance with PUC section 21683.1, and primarily for general aviation (GA) purposes, sponsors may apply for Aeronautics Account funds to match a federal Airport Improvement Program (AIP) grant received by the sponsor. The Department may provide funding in an amount equal to: (a) 5% of the amount of any AIP grant and (b) Until December 31, 2006, 10% of the amount of an AIP grant for "security projects" at small GA airports with fewer than 80,000 annual aircraft take-offs and landings. Eligible "security projects" are described in PUC section 21683.1(c). Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21680 and 21683.1, Public Utilities Code. s 4067. AIP Matching Grant Application Process. To apply for an AIP Matching grant, the sponsor shall submit a completed and signed "State Matching Grant for FAA Airport Improvement Program -Application" form [DOA-0012 (Rev. 01/2005)] or "State Matching Grant for Airport Improvement Program Security Component -Application" [DOA-0011 (Rev. 01/2005)] to the Department with the following documentation included: (a) Local Government Approval. Either a resolution or minute order from the governing board of the sponsor documenting its authorization for filing the application for funding; accepting the allocation of funds for the project; executing the grant agreement; and naming the person authorized to sign any documents required to apply for and accept these funds on the sponsor's behalf. (b) FAA Grant Agreement. Sponsor shall submit a copy of the FAA AIP Grant Agreement that has been signed by designated representatives of the sponsor and the FAA. (c) Environmental Compliance. Verification that sponsor is in compliance with the California Environmental Quality Act (CEQA) for the project. During the CEQA public review period, the sponsor, or its representative, shall circulate all environmental documents for the project through the Department and the Office of Planning and Research, State Clearinghouse. (d) Airport Layout Plan with Project Information. The most recent adopted and FAA approved Airport Layout Plan (ALP), as defined in section 4052, with a depiction of the proposed project and its location highlighted. Either an electronic version or a legible hardcopy of the ALP is acceptable. This subdivision does not apply to a grant to prepare a new ALP. (e) Sponsor Eligibility and Airport Protection and Programming Requirements. A completed and signed "California Aid to Airports Program (CAAP) -Certification" form [DOA-0007 (Rev. 01/2005)] to certify eligibility pursuant to Article 2 of these regulations. This subdivision does not apply if the sponsor has previously submitted a completed certification form to the Department for the same fiscal year in which the project is planned; or if the project is for an ALP. (f) Additional Information. Sponsor shall provide additional documentation if the Department determines that further information is required to sufficiently evaluate the project for funding. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602, 21683.1, 21688 and 21706, Public Utilities Code. s 4069. Program Description and Annual Credit Disbursement Process. The Annual Credit provides eligible airports with annual discretionary funding subject to the provisions of PUC section 21682. To request approval to expend Annual Credit funds, the sponsor shall submit the following to the Department: (a) Standard Application Form or letter. A completed and signed "California Aid to Airports Program (CAAP) -Annual Credit Disbursement Request" form [DOA-0009 (rev. 01/2005)]; or a signed letter requesting the Department's approval for expenditure of funds on eligible projects. The sponsor may either apply for disbursement of the Annual Credit, or automatically accumulate the Annual Credit for a period of five years. The accrual period begins with the first fiscal year during which the Annual Credit is available to the sponsor. The sponsor shall indicate the planned use of the Annual Credit in the application or letter. (b) Sponsor Eligibility and Airport Protection and Programming Requirements. A completed and signed "California Aid to Airports Program (CAAP) -Certification" form [DOA-0007 (Rev. 01/2005)] to certify eligibility pursuant to Article 2 of these regulations. This subdivision does not apply if the sponsor has previously submitted a completed certification form to the Department for the same fiscal year in which the expenditure is planned. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602, 21682 and 21688, Public Utilities Code. s 4070. Program Description. The regulations in this chapter establish procedures for the administration of the California Airport Loan Program as provided for in Public Utilities Code (PUC) Section 21602. Subject to the availability of funds, the Department may provide funding in the form of loans to eligible sponsors. Definitions set forth in the State Aeronautics Act (PUC sections 21001 et seq.) and in section 4052 of Chapter 4 also apply within this Chapter. Additionally within this Chapter, "funding" means the granting of a loan by the Department pursuant to these regulations. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002 and 21602, Public Utilities Code. s 4071. Conditions of Eligibility. (a) Sponsor Eligibility. To be eligible for funding, the sponsor must meet the eligibility requirements of Chapter 4, Article 2, sections 4056 through 4058 of these regulations. (b) Projects Eligibility. (1) Ineligible Projects. The following projects are not eligible for funding: (A) Projects to accommodate scheduled air carriers; and (B) Local matching fund requirements for an A&D grant pursuant to Chapter 4. (2) Eligible Projects. The following projects are eligible for funding: (A) On airport projects that enhance an airport's ability to provide general aviation services in a safe, efficient, and economical manner such as, but not limited to, aircraft storage facilities (hangars), general aviation terminal buildings or pilots lounges, utility services (power, water, sewer, etc.), and fueling facilities. (B) Local matching funds for AIP grants, provided that the sponsor has accepted the federal AIP grant; and (C) Projects eligible for A&D grants in accordance with Chapter 4. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602 and 21681, Public Utilities Code. s 4072. Project Feasibility Requirements. In addition to the eligibility criteria within section 4071, the sponsor must demonstrate that the proposed project meets the following feasibility requirements: (a) Engineering Feasibility. For loans for construction projects only, a proposed project shall be feasible from an engineering assessment, which means that it can be designed, constructed, and operated in accordance with generally-accepted engineering principles and procedures, for the purpose for which the project is created. The engineering feasibility requirement does not apply to loans made only for the purpose of preparing "Plans, Specifications, and Estimates" for an airport construction project. This section is not required for a loan to match an FAA AIP grant. (b) Economic Feasibility. For revenue-generating loans only, a proposed project shall be economically justified. Sponsor's completed "Checklist for Economic Feasibility," on the back of the "Revenue Generating Loan-Application" form [DOA-0020 (Rev. 01/2005)], must show that total projected monetary benefits of the project equal or exceed total costs over the service life of the proposed project, where "total costs" means the sum of capital, maintenance, and administrative costs over the service life of the project. (c) Financial Feasibility. The Department may refuse any loan if it determines that the sponsor does not have the financial ability to repay the loan in accordance with section 4073. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002 and 21602, Public Utilities Code. s 4072.1. Application Process. To apply for a loan, the sponsor shall submit a completed and signed application (appropriate to the type of loan requested - "Airport Development Loan-Application" [DOA-0013 (Rev. 01/2005)], "Matching Funds Loan-Application" [DOA-0019 (Rev. 01/2005)], or "Revenue Generating Loan-Application" [DOA-0020 (Rev. 01/2005)]) to the Department with the following documentation included: (a) Sponsor Acceptance and Approval. A resolution or minute order from the governing board of the sponsor documenting its approval of the application for a loan and certifying the sponsor's ability to repay the loan. (b) Federal Aviation Administration Documentation. (1) For loans to match an FAA AIP grant only. A copy of the FAA AIP Grant Agreement that has been signed by designated representatives of the sponsor and the FAA. The Department may evaluate a loan application based upon a sponsor's application to the FAA for grant funds, but the Department cannot award the loan until it has a copy of the FAA AIP Grant Agreement described above. (2) The FAA's final determination regarding the sponsor's submission of Federal form(s), such as FAA Form 7460-1 or FAA Form 7480-1, when applicable. (c) Environmental Compliance. Verification that sponsor is in compliance with the California Environmental Quality Act (CEQA) for the project, if applicable. During the CEQA public review period, the sponsor, or its representative, shall circulate all environmental documents for the project through the Department and the Office of Planning and Research, State Clearinghouse. (d) Airport Layout Plan or Drawing with Project Information. An Airport Layout Plan (ALP), as defined in section 4052, with a depiction of the proposed project and its location highlighted. The ALP shall be: (1) The most recent FAA approved version if the airport is in the NPIAS or (2) An 11 x 17-inch drawing of the airport approved by the sponsor if the airport is not in the NPIAS. Either an electronic version or a legible hardcopy of the ALP, or the 11 x 17- inch drawing, is acceptable. This subdivision does not apply to a loan to prepare: (A) a new ALP; (B) a new Airport Land Use Compatibility Plan (ALUCP); or (C) an update to an existing ALUCP. (e) Sponsor Eligibility and Airport Protection and Programming Requirements. A completed and signed "California Aid to Airports Program (CAAP) -Certification" form [DOA-0007 (Rev. 01/2005)] to certify eligibility pursuant to Article 2 of Chapter 4 of these regulations. This subdivision does not apply if the sponsor has previously submitted a completed certification form to the Department for the same fiscal year in which the project is planned; or if the project is for an ALP, Master Plan, or ALUCP. (f) Project Feasibility Requirements. Demonstration that the proposed project is feasible pursuant to section 4072. (g) Additional Information. Sponsor shall provide additional documentation if the Department determines that further information is required to sufficiently evaluate the proposed project. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002, 21602 and 21688, Public Utilities Code. s 4073. Servicing of the Loan. All funds expended under this program shall be repaid to the Department, together with any interest due. The State Controller has the right to impound, or withhold, all other State funds due the borrowing agency to satisfy this requirement. (a) Repayment. (1) A loan made under this chapter shall be repayable over a period established by the Department for each loan, which shall not exceed a 17-year period. The sponsor shall make payments to the Department on an annual basis, as established in the loan agreement between the sponsor and the Department, commencing one year from the date that the State Controller issues the warrant for the loan proceeds. Interest shall be computed daily on the basis of the outstanding principal. (2) Where a loan has been made for the construction of a revenue-generating project, the sponsor shall establish a separate account within the airport's special aviation fund for the purpose of receiving revenue which would be held in trust, in an amount equal to one year's repayment of the loan. Revenue received after the first year's payment would be available to the airport for the purpose of achieving financial self-sufficiency. (3) Nothing in these regulations shall be construed as prohibiting the sponsor from making early repayment, either in full or in part. Interest due as of the date of early payment shall be included in the early payment. (b) Interest Rate. Interest charged for loans made under this Chapter will be at the interest rate paid by the State on its most recent issue of general obligation bonds sold prior to the date that the loan is approved. Figure 1. Runway Protection Zone Table 1. Runway Protection Zone (RPZ) Dimensions for Civilian Runways Figure 2. Runway Safety Area Table 2. Runway Safety Area Dimensions Figure 3. Civil Airport Imaginary Surfaces Figure 3. Civil Airport Imaginary Surfaces (cont.) Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21002 and 21602, Public Utilities Code. Appendix Forms: DOA-0007 (Rev. 01/2005) California Aid to Airports Program (CAAP) - Certification DOA-0009 (Rev. 01/2005) California Aid to Airports Program (CAAP) - Annual Credit Disbursement Request DOA-0010 (Rev. 01/2005) Acquisition & Development Grant - Application DOA-0011 (New 01/2005) State Matching Grant for Airport Improvement Program Security Component - Application DOA-0012 (Rev. 01/2005) State Matching Grant for FAA Airport Improvement Program -Application DOA-0013 (Rev. 01/2005) Airport Development Loan - Application DOA-0019 (Rev. 01/2005) Matching Funds Loan - Application DOA-0020 (Rev. 01/2005) Revenue Generating Loan - Application s 5000. Preamble. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5001. Definitions. The definitions in the following subsections apply to this subchapter. (a) Air Carrier: Air carrier is any aircraft operating pursuant to a federal certificate of public convenience and necessity, including any certificate issued pursuant to 49 U.S.C. Section 1371 and any permit issued pursuant to 49 U.S.C. Section 1371. (b) Aircraft Operator: Aircraft operator means the legal or beneficial owner of the aircraft with authority to control the aircraft utilization except where the aircraft is leased, the lessee is the operator. (c) Airport Proprietor: Airport proprietor means the holder of an airport permit issued by the department pursuant to Article 3, Chapter 4, Part 1, Division 9, Public Utilities Code. (d) Annual CNEL: The annual CNEL, in decibels, is the average (on an energy basis) of the daily CNEL over a 12-month period. The annual CNEL is calculated in accordance with the following: Annual CNEL = 10 log 10 [(1/365) S Antilog (CNEL(i)/10)] where CNEL(i) = the daily CNEL for each day in a continuous 12-month period, and S means summation. When the annual CNEL is approximated by measurements on a statistical basis, as specified in Section 5034, the number 365 is replaced by the number of days for which measurements are obtained. (e) County: County, as used herein, shall mean the county board of supervisors or its designee authorized to exercise the powers and duties herein specified. (f) Daily Community Noise Equivalent Level (CNEL): Community noise equivalent level, in decibels, represents the average daytime noise level during a 24-hour day, adjusted to an equivalent level to account for the lower tolerance of people to noise during evening and night time periods relative to the daytime period. Community noise equivalent level is calculated from the hourly noise levels by the following: CNEL = 10 log (1/24) [ SIGMA antilog (HNLD/10) + 3 SIGMA antilog (HNLE/10) + 10 SIGMA antilog (HNLN/10)] Where HNLD are the hourly noise levels for the period 0700-1900 hours; HNLE are the hourly noise levels for the period 1900-2200 hours; HNLN are the hourly noise levels for the period 2200-0700 hours; and SIGMA means summation. (g) Department: Department means the Department of Transportation of the State of California. (h) General Aviation: General aviation aircraft are all aircraft other than air carrier aircraft and military aircraft. (i) Hourly Noise Level (HNL): The hourly noise level, in decibels, is the average (on an energy basis) noise level during a particular hour. Hourly noise level is determined by subtracting 35.6 decibels (equal to 10 log 10 3600) from the noise exposure level measured during the particular hour, integrating for those periods during which the noise level exceeds a threshold noise level. For implementation in this subchapter of these regulations, the threshold noise level shall be a noise level which is 10 decibels below the numerical value of the appropriate Community Noise Equivalent Level (CNEL) standard specified in Section 5012. At some microphone locations, sources of noise other than aircraft may contribute to the CNEL. Where the airport proprietor can demonstrate that the accuracy of the CNEL measurement will remain within the required tolerance specified in Section 5070, the department may grant a waiver to increase the threshold noise level. (j) Noise Exposure Level (NEL): The noise exposure level is the level of noise accumulated during a given event, with reference to a duration of one second. More specifically, noise exposure level, in decibels, is the level of the time-integrated A-weighted squared sound pressure for a stated time interval or event, based on the reference pressure of 20 micronewtons per square meter and reference duration of one second. (k) Noise Impact Area: Noise impact area is the area within the noise impact boundary that is composed of incompatible land use. (l) Noise Impact Boundary: Noise impact boundary is the locus of points around an airport for which the annual CNEL is equal to the airport noise standard established in Section 5012. The concepts of noise impact boundary and noise impact area are illustrated in Figure 1. Figure 1. Conceptual Sketch of Noise Impact Boundary and Noise Impact Area (m) Noise Level (NL): Noise level is the measure in decibels of an A-weighted sound pressure level as measured using the slow dynamic characteristic for sound level meters specified in American National Standard Specification for Sound Level Meters, (ANSI S1.4-1983 as revised by ANSI S1.4A-1985) which is hereby incorporated by reference. The A-weighting characteristic modifies the frequency response of the measuring instrument to account approximately for the frequency characteristics of the human ear. The reference pressure is 20 micronewtons/square meter (2 x 10 -4 microbar). (n) Noise Problem Airport: "Noise problem airport" is an airport that the county in which the airport is located has declared to have a noise problem under section 5020. (o) Single Event Noise Exposure Level (SENEL): The single event noise exposure level, in decibels, is the noise exposure level of a single event, such as an aircraft flyby, measured over the time interval between the initial and final times for which the noise level of a single event exceeds a predetermined threshold noise level. (p) Sound Pressure Level (SPL): The sound pressure level, in decibels (dB), of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of that sound to the reference pressure 20 micronewtons/square meter (2 x 10 -4 microbar). Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5002. Liberal Construction. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5003. Constitutionality. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5004. Provisions Not Exclusive. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5005. Applicability. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5006. Findings. Citizens residing in the vicinity of airports are exposed to the noise of aircraft operations. There have been numerous instances wherein individual citizens or organized citizen groups have complained about airport noise to various authorities. The severity of these complaints has ranged from a few telephone calls to organized legal action. Many of these cases have been studied by acoustics research workers under sponsorship of governmental and private organizations. These studies have generally shown that the severity of the complaint is principally associated with a combination of the following factors: (a) Magnitude and duration of the noise from aircraft operations; (b) Number of aircraft operations; and (c) Time of occurrence during the day (daytime, evening or night). There are many reasons given by residents for their complaints; however, those most often cited are interference with speech communication, TV, and sleep. Numerous studies have been made related to speech interference and hearing damage, and some studies have been made related to sleep disturbance and other physiological effects. These studies provide substantial evidence for the relationship between noise level and its interference with speech communication and its effect relative to hearing loss. Significantly less information is available from the results of sleep and physiological studies. In order to provide a systematic method for evaluating and eventually reducing noise incompatibilities in the vicinity of airports, it is necessary to quantify the noise problem. For this purpose, these regulations establish a procedure for defining a noise impact area surrounding an individual airport. The criteria and noise levels utilized to define the boundaries of the noise impact area have been based on existing evidence from studies of community noise reaction, noise interference with speech and sleep, and noise induced hearing loss. One of the fundamental philosophies underlying the procedures in these regulations is that any noise quantity specified by these regulations be measurable by relatively simple means. Therefore, these regulations utilize as their basic measure the A-weighted noise level, which is the most commonly accepted simple measure. To insure consistency between criteria and measurement, the units for the criteria are also based on the A-weighted sound level rather than one of the several more complex perceived noise levels. The level of noise acceptable to a reasonable person residing in the vicinity of an airport is established as a community noise equivalent level (CNEL) value of 65 dB for purposes of these regulations. This criterion level has been chosen for reasonable persons residing in urban residential areas where houses are of typical California construction and may have windows partially open. It has been selected with reference to speech, sleep and community reaction. It is recognized that there is a considerable individual variability in the reaction to noise. Further, there are several factors that undoubtedly influence this variability and which are not thoroughly understood. Therefore, this criterion level does not have a degree of precision which is often associated with engineering criteria for a physical phenomenon (e.g., the strength of a bridge, building, etcetera). For this reason, the state will review the criterion periodically, taking into account any new information that might become available. 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. s 5010. Purpose. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5011. Methodology for Controlling and Reducing Noise Problems. s 5012. Airport Noise Standard. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5013. Noise Impact Boundary. s 5014. Incompatible Land Uses Within the Noise Impact Boundary. 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. (b) Public and private schools of standard construction for which an avigation easement for noise has not been acquired by the airport proprietor, or that do not have adequate acoustic performance to ensure an interior CNEL of 45 dB or less in all classrooms due to aircraft noise; (c) hospitals and convalescent homes for which an avigation easement for noise has not been acquired by the airport proprietor, or that do not have adequate acoustic performance to provide an interior CNEL of 45 dB or less due to aircraft noise in all rooms used for patient care; (d) churches, synagogues, temples, and other places of worship for which an avigation easement for noise has not been acquired by the airport proprietor, or that do not have adequate acoustic performance to ensure an interior CNEL of 45 dB or less due to aircraft noise. 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. s 5015. Changes in Airport Ownership or Control. Note: Authority cited: Section 21243, Public Utilities Code. Reference: Sections 21669-21669.5, Public Utilities Code. s 5020. Designating Noise Problem Airport. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities code. s 5021. Review of Finding. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5022. County Enforcement. The county wherein a noise problem airport is situated shall enforce this subchapter. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5023. Noise Monitoring. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5024. Audit. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5025. County Report. 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. Note: Authority cited: Sections 21243 and 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5030. Cooperation with County. (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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5031. Establishment of the Noise Impact Boundary. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5032. Validation of the Noise Impact Boundary. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5033. Submittal of Monitoring Plan. 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. 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. s 5034. Frequency of Measurement. (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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5035. Schedule of Implementation. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5037. Suggested Methodology for Controlling and Reducing Noise Problems. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5039. Grounds for Approval. Failure of the airport proprietor to comply with the provisions of this subchapter constitutes a ground for revocation of its airport permit. Note: Authority cited: Section 21668, Public Utilities Code. Reference: Section 21668, Public Utilities Code. s 5040. Departmental Review. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5041. Hearing on Determination. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4 and 21669.6, Public Utilities Code. s 5042. Effective Date of Determination. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5043. Approval of Noise Monitoring Plans. The department will consider monitoring system plans filed by airport proprietors for approval in accordance with the requirements of these regulations. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5044. Review of Quarterly Reports. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5045. Retention of Monitoring Data. 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.). Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5046. Detailed Specifications. s 5047. Deviations from Specified Measurement Locations. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5048. Additional Monitoring Locations. Nothing in this subchapter precludes any airport proprietor from establishing monitors in addition to those required herein. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5049. Alternative Measurement Systems. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5050. Variances. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5051. Variance Request. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5052. Procedure. (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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5053. Conditions of Variance. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5054. Reasonable Conditions. The department in granting a variance may impose reasonable conditions to achieve the purposes of this subchapter of these regulations. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5055. Hearing. 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. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5056. Burden of Proof. The burden of proof shall be upon the applicant for the variance. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5057. Additional Variances. In the event a variance has been granted and it reasonably appears that the airport proprietor cannot within the term of the variance achieve compliance with the requirement that there be no noise impact area based upon the airport noise standard identified in Section 5012, an application for a further variance from such requirement must be made not less than thirty days before the termination date of the prior variance. In the event timely application is made under the provisions of this section, the prior variance shall continue in effect until the department acts on the application. Note: Authority cited: Sections 21243 and 21669, Public Utilities Code. Reference: Section 21669, Public Utilities Code. s 5060. Monitoring Requirements. s 5061. Single Event Noise Limit Violations. 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. s 5062. Noise Impact Area Violations. s 5063. Submittal of Monitoring Plan. 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. s 5064. Grounds for Approval. s 5065. Implementation by the Department. s 5070. General Specifications. (a) The noise monitoring system shall measure with an accuracy within plus or minus 1.5 dB on the CNEL scale and record the hourly noise level for each hour of the day, together with identification of the hour, and the CNEL for each day. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5071. Detailed Specifications. Noise monitoring systems shall comply with the specifications given in Sections 5080 through 5080.5 of these regulations. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5072. Field Measurement Requirements. Specific locations of the monitoring system shall be chosen whenever possible, such that the CNEL from sources other than aircraft in flight is equal to or less than 55dB. This objective may be satisfied by selecting locations in a residential area not immediately adjacent to a noisy industry, freeway, railroad track, et cetera. The measurement microphone shall be placed 20 feet above the ground level, or at least 10 feet above neighboring roof tops, whichever is higher and has a clear line of sight to the path of aircraft in flight. No obstructions which significantly influence the sound field from the aircraft shall exist within a conical space above the measurement position, the cone being defined by a vertical axis and by a half angle of 75 degrees from that axis. 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. s 5073. Number of Measurement Systems. The frequency of measurement specified in Section 5034 has been designed to limit the number of monitoring systems required. The minimum number of systems required per airport is one for intermittent measurements of the noise impact boundary. For continuous monitoring systems the number of monitoring locations will increase where necessary to provide ample information to ensure the accuracy tolerance of plus or minus 1.5 dB CNEL for location of the noise impact boundary in areas where land use is incompatible. The minimum number of continuous monitoring system stations will be determined by the monitoring system layout plan for each individual airport. 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. s 5075. Variances. Note: Authority cited: Sections 21243 and 21669, Public Utilities Code. Reference: Section 21669, Public Utilities Code. s 5080. Purpose and Scope. (a) Purpose. This specification establishes the minimum requirements for instrumentation to be utilized by airport proprietors required to monitor aircraft noise in accordance with this subchapter. (b) Scope. The measurement systems defined herein shall be used to monitor noise levels at specifically designated locations in a community surrounding an airport. (c) Design Goals. The design goals for the noise monitoring system are accuracy, reliability, and ease of maintenance. The measurement techniques set forth herein are sufficiently uncomplicated so that current state-of-the-art instrumentation equipment may be used. The monitor system specifications are not intended to be unduly restrictive in specifying individual system components. The specifications allow the utilization of equipment ranging from analog systems to automated computer systems. The exact configuration will depend upon the specific monitoring requirement and the nature of existing user instrumentation. This is a total systems specification. It is the prerogative of the user to configure the system with components that will be most compatible with his existing equipment and personnel. 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. s 5080.1. Additional Definitions Applicable to Article 8. (a) Field Instrumentation. Field instrumentation are those elements or components of a noise monitoring system that are exposed to the outdoor environment in the vicinity of the measurement microphone. This equipment functions within specification during exposure to a year-around environment adjacent to any public use airport in the state of California. (b) Centralized Instrumentation. Centralized Instrumentation are those elements of a noise monitoring system that are contained in an environmentally-controlled room. (c) HNL Monitoring System. The HNL monitoring system is one which measures the hourly noise level and provides identification of the hour. This system is deployed as a community monitoring system. An HNL system consists of two subsystems: a noise level subsystem and an integrator/logger subsystem. (d) Noise Level Subsystem. Noise level subsystem is a subsystem composed of a microphone, an A-weighted filter, a squaring circuit and a lag network. This subsystem is used to derive a signal representing the mean square, A-weighted value of acoustic pressure. (e) Integrator/Logger Subsystem. Integrator/logger subsystem is a subsystem composed of a threshold comparator, an integrator, a clock, an accumulator, a logger or printer and a logarithmic converter. This subsystem is used to transform the output from a noise level subsystem in excess of a pre-set threshold into HNL. 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. s 5080.2. Examples of Possible System Configurations. 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. s 5080.3. Performance Specifications. (a) Overall Accuracy. The overall accuracy of the HNL Monitoring System shall be plus or minus 1.5 dB when measuring noise from aircraft in flight. It is the intent of the following specifications to verify this accuracy with laboratory simulation. (b) Noise Level Subsystem. (1) Frequency Response and Microphone Characteristics. The frequency response, and associated tolerance of the subsystem, shall be in accordance with American National Standard Specification For Sound Level Meters (ANSI S1.4-1983, as amended by ANSI S1.4A-1985) for Type 1 precision sound level meters for the A-weighting network, which is hereby incorporated by reference. (2) Dynamic Range. The system output shall be proportional to the antilog of the noise level over a noise level range of at least 60 dB to 120 dB. For the noise level subsystem, the internal electrical noise shall not exceed an equivalent input noise level of 50 dB, and the full scale range of 120 dB shall apply to signals with a crest factor as great as 3:1. (3) Linearity. The electrical amplitude response to sine waves in the frequency range of 22.4 Hz to 11.200 Hz shall be linear within one decibel from 30 dB below each full scale range up to 7dB above the full scale range on any given range of the instrument. (c) Integrator/Logger Subsystem. (1) Threshold Comparator. For HNL, the threshold level shall be adjustable over a noise level range of at least 55 to 70 dB. Threshold triggering shall be repeatable within plus or minus 0.5 dB. (2) Clock. The clock shall be capable of being set to the time of day within an accuracy of 10 seconds and shall not drift more than 20 seconds in a 24-hour period. (3) End-to-End Accuracy. The end-to-end accuracy of the integrator/logger subsystem is defined in terms of a unipolar, positive-going square wave input. The logged, integrated output of the system shall fall within plus or minus 1 dB of the true value predicted for the wave of a given duration at an amplitude exceeding the measurement threshold by at least 10 dB, and at all higher amplitudes within the range. The square wave shall be applied at the input to the integrator and level comparator. (A) HNL Integrator/Logger Subsystem. 1. For each hour during which no noise event exceeds the HNL system noise level threshold, the subsystem shall output the time on the hour, and indicate that the antilog of the HNL for the preceding hour is zero. 2. The overall accuracy of a noise monitoring system pursuant to these regulations shall be determined over a range of HNL from 45 dB to 95 dB for each combination of the following conditions which gives a value in this range: a. Square waves, as defined above, shall have repetitions of 1, 3, 10, 30 and 100 cycles. b. Square waves shall have durations of 40, 20, 10, and 5 seconds. c. Square waves shall have amplitudes equivalent to sound pressure levels of 70, 80, 90, 100 and 110 dB. d. Overall System Accuracy Demonstration. The overall system accuracy shall be demonstrated for several conditions within each of the above specified ranges, utilizing a 1000 Hz sinusoidal acoustic plane wave oriented along the preferred plane wave axis of the microphone, or an equivalent signal generated in an acoustic coupler: 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. s 5080.4. Field Calibration. The monitoring system shall include an internal electrical means to electrically check and maintain calibration without resort to additional equipment. Provision shall also be made to enable calibration with an external acoustic coupler. Note: Authority cited: Sections 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5080.5. Environmental Precautions and Requirements. (a) The field instrumentation shall be provided with suitable protection such that the system performance specified will not be degraded while the system is operating within the range of weather conditions encountered at airports within the State of California. (b) Humidity. The effect of changes in relative humidity on sensitivity of field instrumentation shall be less than 0.5 decibel at any frequency between 22.4 and 11,200 Hz in the range of 5 to 100 percent relative humidity. (c) Vibration. The field instrumentation shall be designed and constructed to minimize the effects of vibration resulting from mechanical excitation. Shock mounting of the field instrumentation shall be provided as required to preclude degradation of system performance. (d) Acoustic Noise. The field instrumentation shall be designed and constructed so as to minimize effects of vibration resulting from airborne noise, and shall operate in an environment of 125 dB SPL -broadband noise over a frequency range of 22.4 to 11,200 Hz -without degradation of system performance. (e) Magnetic, Electrostatic and Radio Frequency Interference. The effects of magnetic, electrostatic and radio frequency interference shall be reduced to a minimum. The magnitude of such fields which would degrade the performance of the system in accordance with the specifications in Section 5080.3 shall be determined and stated. (f) Windscreen. A windscreen suitable for use with the microphone shall be used at all times. The windscreen shall be designed so that for windspeeds of 20 miles per hour or less, the overall accuracy of the measurement system specified in Section 5080.3(a) is not compromised. Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code. s 5090. Changes in Airport Ownership or Control. In the case of a change in airport ownership or control, the new airport proprietor shall be deemed to be in full compliance with these regulations until such time as the department takes final action on the new proprietor's application for a variance in accordance with Article 5, provided, however, that the new proprietor complies with the following: (a) The new proprietor shall make application to the department for a variance within twenty (20) days after assuming ownership or control, and (b) The new proprietor, in operating the airport, shall not permit or authorize any activity in conjunction with the airport that results in an increase of the size of the noise impact area. FIGURE 4. TYPICAL HOURLY NOISE LEVEL (HNL) SYSTEM Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669-21669.4, Public Utilities Code.