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 

677 

Federal Aviation Administration, DOT 

§ 150.33 

map, any air carriers and other users of 
the airport. 

(5) The actual or anticipated effect of 

the program on reducing noise expo-
sure to individuals and noncompatible 
land uses and preventing the introduc-
tion of additional noncompatible uses 
within the area covered by the noise 
exposure map. The effects must be 
based on expressed assumptions con-
cerning the type and frequency of air-
craft operations, number of nighttime 
operations, flight patterns, airport lay-
out including planned airport develop-
ment, planned land use changes, and 
demographic changes within the L

dn

65 

dB noise contours. 

(6) A description of how the proposed 

future actions may change any noise 
control or compatibility plans or ac-
tions previously adopted by the airport 
proprietor. 

(7) A summary of the comments at 

any public hearing on the program and 
a copy of all written material sub-
mitted to the operator under para-
graphs (c) and (d) of this section, to-
gether with the operator’s response and 
disposition of those comments and ma-
terials to demonstrate the program is 
feasible and reasonably consistent with 
obtaining the objectives of airport 
noise compatibility planning under 
this part. 

(8) The period covered by the pro-

gram, the schedule for implementation 
of the program, the persons responsible 
for implementation of each measure in 
the program, and, for each measure, 
documentation supporting the feasi-
bility of implementation, including 
any essential governmental actions, 
costs, and anticipated sources of fund-
ing, that will demonstrate that the 
program is reasonably consistent with 
achieving the goals of airport noise 
compatibility planning under this part. 

(9) Provision for revising the program 

if made necessary by revision of the 
noise exposure map. 

[Doc. No. 18691, 49 FR 49269, Dec. 18, 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] 

Subpart C—Evaluations and De-

terminations of Effects of 
Noise Compatibility Programs 

§ 150.31 Preliminary review: Acknowl-

edgments. 

(a) Upon receipt of a noise compat-

ibility program submitted under 
§ 150.23, the Regional Airports Division 
Manager acknowledges to the airport 
operator receipt of the program and 
conducts a preliminary review of the 
submission. 

(b) If, based on the preliminary re-

view, the Regional Airports Division 
Manager finds that the submission does 
not conform to the requirements of 
this part, he disapproves and returns 
the unacceptable program to the air-
port operator for reconsideration and 
development of a program in accord-
ance with this part. 

(c) If, based on the preliminary re-

view, the Regional Airports Division 
Manager finds that the program con-
forms to the requirements of this part, 
the Regional Airports Division Man-
ager publishes in the F

EDERAL

R

EG

-

ISTER

a notice of receipt of the pro-

gram for comment which indicates the 
following: 

(1) The airport covered by the pro-

gram, and the date of receipt. 

(2) The availability of the program 

for examination in the offices of the 
Regional Airports Division Manager 
and the airport operator. 

(3) That comments on the program 

are invited and, will be considered by 
the FAA. 

(d) The date of signature of the pub-

lished notice of receipt starts the 180- 
day approval period for the program. 

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as 
amended by Amdt. 150–2, 54 FR 39295, Sept. 
25, 1989] 

§ 150.33 Evaluation of programs. 

(a) The FAA conducts an evaluation 

of each noise compatibility program 
and, based on that evaluation, either 
approves or disapproves the program. 
The evaluation includes consideration 
of proposed measures to determine 
whether they— 

(1) May create an undue burden on 

interstate or foreign commerce (includ-
ing unjust discrimination);