Section 150.21

14 CFR Ch. I (1-1-19 Edition)

and where the map and related documentation are available for public inspection.
(d) The airport operator shall, in accordance with this section, promptly
prepare and submit a revised noise exposure map.
(1) If, after submission of a noise exposure map under paragraph (a) of this
section, any change in the operation of
the airport would create any  - substantial, 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 submission, the airport operator shall, in
accordance with this section, promptly
prepare and submit a revised noise exposure map. A change in the operation
of an airport creates a substantial new
noncompatible use if that change results in an increase in the yearly daynight 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 noncompatible under that Table and whose
noncompatibility is now significantly
increased.
(2) If, after submission of a noise exposure 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 existing conditions or forecast noise exposure map on file with the FAA, the airport operator shall, in accordance with
this section, promptly prepare and submit 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 Appendix A (Table 1).
(3) Such updating of the map shall include a reassessment of those areas excluded under section A150.101(e)(5) of
Appendix A because of high ambient
noise levels.
(4) If the forecast map is based on assumptions 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. Revised noise exposure maps are subject
to the same requirements and procedures as initial submissions of noise exposure maps under this part.
(e) Each map, or revised map, and description of consultation and opportunity 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 surrounding an airport with respect to
which a noise exposure map has been
submitted under section 47503 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 damages, such
person can show that - 
No person who acquires property or an interest 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 damages, such person can show that - 
(i) A significant change in the type or frequency of aircraft operations at the airport;
or
(ii) A significant change in the airport layout; or
(iii) A significant change in the flight patterns; or
(iv) A significant increase in nighttime operations; occurred after the date of the acquisition 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 knowledge -  shall be imputed, at a minimum, to

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