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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withdrawn or a determination on it is 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 

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679 

Federal Aviation Administration, DOT 

Pt. 150, App. A 

uses around the airport and of pre-
venting the introduction of additional 
noncompatible land uses; 

(2) The program provides for revision 

if made necessary by the revision of 
the noise map; and 

(3) Those aspects of programs relat-

ing to the use of flight procedures for 
noise control can be implemented with-
in the period covered by the program 
and without— 

(i) Reducing the level of aviation 

safety provided; 

(ii) Derogating the requisite level of 

protection for aircraft, their occupants 
and persons and property on the 
ground; 

(iii) Adversely affecting the efficient 

use and management of the Navigable 
Airspace and Air Traffic Control Sys-
tems; or 

(iv) Adversely affecting any other 

powers and responsibilities of the Ad-
ministrator prescribed by law or any 
other program, standard, or require-
ment established in accordance with 
law. 

(c) When a determination is issued, 

the Regional Airports Division Man-
ager notifies the airport operator and 
publishes a notice of approval or dis-
approval in the F

EDERAL

R

EGISTER

 

identifying the nature and extent of 
the determination. 

(d) Approvals issued under this part 

for a program or portion thereof be-
come effective as specified therein and 
may be withdrawn when one of the fol-
lowing occurs: 

(1) The program or portion thereof is 

required to be revised under this part 
or under its own terms, and is not so 
revised; 

(2) If a revision has been submitted 

for approval, a determination is issued 
on the revised program or portion 
thereof, that is inconsistent with the 
prior approval. 

(3) A term or condition of the pro-

gram, or portion thereof, or its ap-
proval is violated by the responsible 
government body. 

(4) A flight procedure or other FAA 

action upon which the approved pro-
gram or portion thereof is dependent is 
subsequently disapproved, significantly 
altered, or rescinded by the FAA. 

(5) The airport operator requests re-

scission of the approval. 

(6) Impacts on flight procedures, air 

traffic management, or air commerce 
occur which could not be foreseen at 
the time of approval. 

A determination may be sooner re-
scinded or modified for cause with at 
least 30 days written notice to the air-
port operator of the FAA’s intention to 
rescind or modify the determination 
for the reasons stated in the notice. 
The airport operator may, during the 
30-day period, submit to the Regional 
Airports Division Manager for consid-
eration any reasons and circumstances 
why the determination should not be 
rescinded or modified on the basis stat-
ed in the notice of intent. Thereafter, 
the FAA either rescinds or modifies the 
determination consistent with the no-
tice or withdraws the notice of intent 
and terminates the action. 

(e) Determinations may contain con-

ditions which must be satisfied prior to 
implementation of any portion of the 
program relating to flight procedures 
affecting airport or aircraft operations. 

(f) Noise exposure maps for current 

and forecast year map conditions that 
are submitted and approved with noise 
compatibility programs are considered 
to be the new FAA accepted noise expo-
sure maps for purposes of part 150. 

[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as 
amended by Amdt. 150–2, 54 FR 39295, Sept. 
25, 1989; Amdt. 150–4, 69 FR 57626, Sept. 24, 
2004] 

A

PPENDIX

TO

P

ART

150—N

OISE

 

E

XPOSURE

M

APS

 

P

ART

A—G

ENERAL

 

Sec. A150.1

Purpose. 

Sec. A150.3

Noise descriptors. 

Sec. A150.5

Noise measurement procedures 

and equipment. 

P

ART

B—N

OISE

E

XPOSURE

M

AP

D

EVELOPMENT

 

Sec. A150.101

Noise contours and land us-

ages. 

Sec. A150.103

Use of computer prediction 

model. 

Sec. A150.105

Identification of public agen-

cies and planning agencies. 

P

ART

C—M

ATHEMATICAL

D

ESCRIPTIONS

 

Sec. A150.201

General. 

Sec. A150.203

Symbols. 

Sec. A150.205

Mathematical computations.