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);
678
14 CFR Ch. I (1–1–24 Edition)
§ 150.35
(2) Are reasonably consistent with
obtaining the goal of reducing existing
noncompatible land uses and pre-
venting the introduction of additional
noncompatible land uses; and
(3) Include the use of new or modified
flight procedures to control the oper-
ation of aircraft for purposes of noise
control, or affect flight procedures in
any way.
(b) The evaluation may also include
an evaluation of those proposed meas-
ures to determine whether they may
adversely affect the exercise of the au-
thority and responsibilities of the Ad-
ministrator under the Federal Aviation
Act of 1958, as amended.
(c) To the extent considered nec-
essary, the FAA may—
(1) Confer with the airport operator
and other persons known to have infor-
mation and views material to the eval-
uation;
(2) Explore the objectives of the pro-
gram and the measures, and any alter-
native measures, for achieving the ob-
jectives.
(3) Examine the program for devel-
oping a range of alternatives that
would eliminate the reasons, if any, for
disapproving the program.
(4) Convene an informal meeting with
the airport operator and other persons
involved in developing or imple-
menting the program for the purposes
of gathering all facts relevant to the
determination of approval or dis-
approval of the program and of dis-
cussing any needs to accommodate or
modify the program as submitted.
(d) If requested by the FAA, the air-
port operator shall furnish all informa-
tion needed to complete FAA’s review
under (c).
(e) An airport operator may, at any
time before approval or disapproval of
a program, withdraw or revise the pro-
gram. If the airport operator with-
draws or revises the program or indi-
cates to the Regional Airports Division
Manager, in writing, the intention to
revise the program, the Regional Air-
ports Division Manager terminates the
evaluation and notifies the airport op-
erator of that action. That termination
cancels the 180-day review period. The
FAA does not evaluate a second pro-
gram for any airport until any pre-
viously submitted program has been
withdrawn or a determination on it is
issued. A new evaluation is commenced
upon receipt of a revised program, and
a new 180-day approval period is begun,
unless the Regional Airports Division
Manager finds that the modification
made, in light of the overall revised
program, can be integrated into the un-
modified portions of the revised pro-
gram without exceeding the original
180-day approval period or causing
undue expense to the government.
[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as
amended by Amdt. 150–2, 54 FR 39295, Sept.
25, 1989]
§ 150.35 Determinations; publications;
effectivity.
(a) The FAA issues a determination
approving or disapproving each airport
noise compatibility program (and re-
vised program). Portions of a program
may be individually approved or dis-
approved. No conditional approvals
will be issued. A determination on a
program acceptable under this part is
issued within 180 days after the pro-
gram is received under § 150.23 of this
part or it may be considered approved,
except that this time period may be ex-
ceeded for any portion of a program re-
lating to the use of flight procedures
for noise control purposes. A deter-
mination on portions of a program cov-
ered by the exceptions to the 180-day
review period for approval will be
issued within a reasonable time after
receipt of the program. Determinations
relating to the use of any flight proce-
dure for noise control purposes may be
issued either in connection with the de-
termination on other portions of the
program or separately. Except as pro-
vided by this paragraph, no approval of
any noise compatibility program, or
any portion of a program, may be im-
plied in the absence of the FAA’s ex-
press approval.
(b) The Administrator approves pro-
grams under this part, if—
(1) It is found that the program meas-
ures to be implemented would not cre-
ate an undue burden on interstate or
foreign commerce (including any un-
just discrimination) and are reasonably
consistent with achieving the goals of
reducing existing noncompatible land