Loading (50 kb)...'
(continued) ct 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.