664 

14 CFR Ch. I (1–1–19 Edition) 

§ 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 

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