674
14 CFR Ch. I (1–1–24 Edition)
§ 150.21
(iii) Southern Regional Office, Fed-
eral Aviation Administration, ATTN:
ASO–600, P.O. Box 20636, Atlanta, GA
30320–0631.
(iv) Great Lakes Regional Office, 2300
East Devon, Des Plaines, Illinois 60018.
(v) Central Regional Office, Federal
Aviation Administration, ACE–600, 901
Locust, Kansas City, MO 64106–2325.
(vi) Southwest Regional Office, Fed-
eral Aviation Administration, 2601
Meacham Blvd., Fort Worth, TX 76137–
4298.
(vii) Northwest Mountain Regional
Office, Federal Aviation Administra-
tion, Airports Division, 1601 Lind Ave-
nue SW., Suite 315, Renton, WA 98055–
4056.
(viii) Western Pacific Regional Of-
fice, 15000 Aviation Boulevard, Haw-
thorne, California (P.O. Box 92007,
Worldway Postal Center, Los Angeles)
90009.
(ix) Alaskan Regional Office, 222 W.
7th Avenue #14, Anchorage, AK 9951.
(3) National Archives and Records
Administration (NARA). For informa-
tion on the availability of this mate-
rial at NARA, call 202–741–6030, or go
to:
http://www.archives.gov/fed-
eral
_
register/code
_
of
_
federal
_
regulations/
ibr
_
locations.html.
[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as
amended by Amdt. 150–2, 54 FR 39295, Sept.
25, 1989; 69 FR 18803, Apr. 9, 2004; Amdt. 150–
4, 69 FR 57625, Sept. 24, 2004; 72 FR 68475, Dec.
5, 2007]
Subpart B—Development of Noise
Exposure Maps and Noise
Compatibility Programs
§ 150.21 Noise exposure maps and re-
lated descriptions.
(a) Each airport operator may after
completion of the consultations and
public procedure specified under para-
graph (b) of this section submit to the
Regional Airports Division Manager
five copies of the noise exposure map
(or revised map) which identifies each
noncompatible land use in each area
depicted on the map, as of the date of
submission, and five copies of a map
each with accompanying documenta-
tion setting forth—
(1) The noise exposure based on fore-
cast aircraft operations at the airport
for a forecast period that is at least 5
years in the future, beginning after the
date of submission (based on reason-
able assumptions concerning future
type and frequency of aircraft oper-
ations, number of nighttime oper-
ations, flight patterns, airport layout
including any planned airport develop-
ment, planned land use changes, and
demographic changes in the sur-
rounding areas); and
(2) The nature and extent, if any, to
which those forecast operations will af-
fect the compatibility and land uses
depicted on the map.
(b) Each map, and related docu-
mentation submitted under this sec-
tion must be developed and prepared in
accordance with appendix A of this
part, or an FAA approved equivalent,
and in consultation with states, and
public agencies and planning agencies
whose area, or any portion of whose
area, of jurisdiction is within the L
dn
65
dB contour depicted on the map, FAA
regional officials, and other Federal of-
ficials having local responsibility for
land uses depicted on the map. This
consultation must include regular
aeronautical users of the airport. The
airport operator shall certify that it
has afforded interested persons ade-
quate opportunity to submit their
views, data, and comments concerning
the correctness and adequacy of the
draft noise exposure map and descrip-
tions of forecast aircraft operations.
Each map and revised map must be ac-
companied by documentation describ-
ing the consultation accomplished
under this paragraph and the opportu-
nities afforded the public to review and
comment during the development of
the map. One copy of all written com-
ments received during consultation
shall also be filed with the Regional
Airports Division Manager.
(c) The Regional Airports Division
Manager acknowledges receipt of noise
exposure maps and descriptions and in-
dicates whether they are in compliance
with the applicable requirements. The
Regional Airports Division Manager
publishes in the F
EDERAL
R
EGISTER
a
notice of compliance for each such
noise exposure map and description,
identifying the airport involved. Such
notice includes information as to when
675
Federal Aviation Administration, DOT
§ 150.21
and where the map and related docu-
mentation are available for public in-
spection.
(d) The airport operator shall, in ac-
cordance with this section, promptly
prepare and submit a revised noise ex-
posure map.
(1) If, after submission of a noise ex-
posure map under paragraph (a) of this
section, any change in the operation of
the airport would create any ‘‘substan-
tial, new noncompatible use’’ in any
area depicted on the map beyond that
which is forecast for a period of at
least five years after the date of sub-
mission, the airport operator shall, in
accordance with this section, promptly
prepare and submit a revised noise ex-
posure map. A change in the operation
of an airport creates a substantial new
noncompatible use if that change re-
sults in an increase in the yearly day-
night average sound level of 1.5 dB or
greater in either a land area which was
formerly compatible but is thereby
made noncompatible under Appendix A
(Table 1), or in a land area which was
previously determined to be non-
compatible under that Table and whose
noncompatibility is now significantly
increased.
(2) If, after submission of a noise ex-
posure map under paragraph (a) of this
section, any change in the operation of
the airport would significantly reduce
noise over existing noncompatible uses
that is not reflected in either the exist-
ing conditions or forecast noise expo-
sure map on file with the FAA, the air-
port operator shall, in accordance with
this section, promptly prepare and sub-
mit a revised noise exposure map. A
change in the operation of the airport
creates a significant reduction in noise
over existing noncompatible uses if
that change results in a decrease in the
yearly day-night average sound level of
1.5 dB or greater in a land area which
was formerly noncompatible but is
thereby made compatible under Appen-
dix A (Table 1).
(3) Such updating of the map shall in-
clude a reassessment of those areas ex-
cluded under section A150.101(e)(5) of
Appendix A because of high ambient
noise levels.
(4) If the forecast map is based on as-
sumptions involving recommendations
in a noise compatibility program which
are subsequently disapproved by the
FAA, a revised map must be submitted
if revised assumptions would create a
substantial, new noncompatible use
not indicated on the forecast map. Re-
vised noise exposure maps are subject
to the same requirements and proce-
dures as initial submissions of noise ex-
posure maps under this part.
(e) Each map, or revised map, and de-
scription of consultation and oppor-
tunity for public comment, submitted
to the FAA, must be certified as true
and complete under penalty of 18
U.S.C. 1001.
(f)(1) Title 49, section 47506 provides
that no person who acquires property
or an interest therein after the date of
enactment of the Act in an area sur-
rounding an airport with respect to
which a noise exposure map has been
submitted under section 47503 of the
Act shall be entitled to recover dam-
ages with respect to the noise attrib-
utable to such airport if such person
had actual or constructive knowledge
of the existence of such noise exposure
map unless, in addition to any other
elements for recovery of damages, such
person can show that—
No person who acquires property or an inter-
est therein after the date of enactment of
the Act in an area surrounding an airport
with respect to which a noise exposure map
has been submitted under section 103 of the
Act shall be entitled to recover damages
with respect to the noise attributable to
such airport if such person had actual or
constructive knowledge of the existence of
such noise exposure map unless, in addition
to any other elements for recovery of dam-
ages, such person can show that—
(i) A significant change in the type or fre-
quency of aircraft operations at the airport;
or
(ii) A significant change in the airport lay-
out; or
(iii) A significant change in the flight pat-
terns; or
(iv) A significant increase in nighttime op-
erations; occurred after the date of the ac-
quisition of such property or interest therein
and that the damages for which recovery is
sought have resulted from any such change
or increase.’’
(f)(2) Title 49 section 47506(b) further
provides:
That for this purpose, ‘‘constructive knowl-
edge’’ shall be imputed, at a minimum, to
676
14 CFR Ch. I (1–1–24 Edition)
§ 150.23
any person who acquires property or an in-
terest therein in an area surrounding an air-
port after the date of enactment of the Act
if—
(i) Prior to the date of such acquisition,
notice of the existence of a noise exposure
map for such area was published at least
three times in a newspaper of general cir-
culation in the county in which such prop-
erty is located; or
(ii) A copy of such noise exposure map is
furnished to such person at the time of such
acquisition.
(g) For this purpose, the term
signifi-
cant
in paragraph (f) of this section
means that change or increase in one
or more of the four factors which re-
sults in a ‘‘substantial new noncompat-
ible use’’ as defined in § 150.21(d), affect-
ing the property in issue. Responsi-
bility for applying or interpreting this
provision with respect to specific prop-
erties rests with local government.
[Doc. No. 18691, 49 FR 49269, Dec. 1, 1984; 50
FR 5063, Feb. 6, 1985; Amdt. 150–2, 54 FR 39295,
Sept. 25, 1989; Amdt. 150–4, 69 FR 57626, Sept.
24, 2004]
§ 150.23 Noise compatibility programs.
(a) Any airport operator who has sub-
mitted an acceptable noise exposure
map under § 150.21 may, after FAA no-
tice of acceptability and other con-
sultation and public procedure speci-
fied under paragraphs (b) and (c) of this
section, as applicable, submit to the
Regional Airports Division Manager
five copies of a noise compatibility pro-
gram.
(b) An airport operator may submit
the noise compatibility program at the
same time as the noise exposure map.
In this case, the Regional Airports Di-
vision Manager will not begin the stat-
utory 180-day review period (for the
program) until after FAA reviews the
noise exposure map and finds that it
and its supporting documentation are
in compliance with the applicable re-
quirements.
(c) Each noise compatibility program
must be developed and prepared in ac-
cordance with appendix B of this part,
or an FAA approved equivalent, and in
consultation with FAA regional offi-
cials, the officials of the state and of
any public agencies and planning agen-
cies whose area, or any portion or
whose area, of jurisdiction within the
L
dn
65 dB noise contours is depicted on
the noise exposure map, and other Fed-
eral officials having local responsi-
bility of land uses depicted on the map.
Consultation with FAA regional offi-
cials shall include, to the extent prac-
ticable, informal agreement from FAA
on proposed new or modified flight pro-
cedures. For air carrier airports, con-
sultation must include any air carriers
and, to the extent practicable, other
aircraft operators using the airport.
For other airports, consultation must
include, to the extent practicable, air-
craft operators using the airport.
(d) Prior to and during the develop-
ment of a program, and prior to sub-
mission of the resulting draft program
to the FAA, the airport operator shall
afford adequate opportunity for the ac-
tive and direct participation of the
States, public agencies and planning
agencies in the areas surrounding the
airport, aeronautical users of the air-
port, the airport operator, and the gen-
eral public to submit their views, data,
and comments on the formulation and
adequacy of that program. Prior to
submitting the program to the FAA,
the airport operator shall also provide
notice and the opportunity for a public
hearing.
(e) Each noise compatibility program
submitted to the FAA must consist of
at least the following:
(1) A copy of the noise exposure map
and its supporting documentation as
found in compliance with the applica-
ble requirements by the FAA, per
§ 150.21(c).
(2) A description and analysis of the
alternative measures considered by the
airport operator in developing the pro-
gram, together with a discussion of
why each rejected measure was not in-
cluded in the program.
(3) Program measures proposed to re-
duce or eliminate present and future
noncompatible land uses and a descrip-
tion of the relative contribution of
each of the proposed measures to the
overall effectiveness of the program.
(4) A description of public participa-
tion and the consultation with officials
of public agencies and planning agen-
cies in areas surrounding the airport,
FAA regional officials and other Fed-
eral officials having local responsi-
bility for land uses depicted on the