title-14-part-150-sec150-35

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.

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withdrawn or a determination on it is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

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.

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

EDERAL

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]

PPENDIX

ART

150—N

OISE

XPOSURE

APS

ART

A—G

ENERAL

Sec. A150.1

Purpose.

Sec. A150.3

Noise descriptors.

Sec. A150.5

Noise measurement procedures

and equipment.

ART

B—N

OISE

XPOSURE

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.

ART

C—M

ATHEMATICAL

ESCRIPTIONS

Sec. A150.201

General.

Sec. A150.203

Symbols.

Sec. A150.205

Mathematical computations.