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Federal Aviation Administration, DOT 

§ 150.23 

any person who acquires property or an in-
terest therein in an area surrounding an air-
port after the date of enactment of the Act 
if— 

(i) Prior to the date of such acquisition, 

notice of the existence of a noise exposure 
map for such area was published at least 
three times in a newspaper of general cir-
culation in the county in which such prop-
erty is located; or 

(ii) A copy of such noise exposure map is 

furnished to such person at the time of such 
acquisition. 

(g) For this purpose, the term 

signifi-

cant 

in paragraph (f) of this section 

means that change or increase in one 
or more of the four factors which re-
sults in a ‘‘substantial new noncompat-
ible use’’ as defined in § 150.21(d), affect-
ing the property in issue. Responsi-
bility for applying or interpreting this 
provision with respect to specific prop-
erties rests with local government. 

[Doc. No. 18691, 49 FR 49269, Dec. 1, 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] 

§ 150.23

Noise compatibility programs. 

(a) Any airport operator who has sub-

mitted an acceptable noise exposure 
map under § 150.21 may, after FAA no-
tice of acceptability and other con-
sultation and public procedure speci-
fied under paragraphs (b) and (c) of this 
section, as applicable, submit to the 
Regional Airports Division Manager 
five copies of a noise compatibility pro-
gram. 

(b) An airport operator may submit 

the noise compatibility program at the 
same time as the noise exposure map. 
In this case, the Regional Airports Di-
vision Manager will not begin the stat-
utory 180-day review period (for the 
program) until after FAA reviews the 
noise exposure map and finds that it 
and its supporting documentation are 
in compliance with the applicable re-
quirements. 

(c) Each noise compatibility program 

must be developed and prepared in ac-
cordance with appendix B of this part, 
or an FAA approved equivalent, and in 
consultation with FAA regional offi-
cials, the officials of the state and of 
any public agencies and planning agen-
cies whose area, or any portion or 
whose area, of jurisdiction within the 
L

dn

65 dB noise contours is depicted on 

the noise exposure map, and other Fed-
eral officials having local responsi-
bility of land uses depicted on the map. 
Consultation with FAA regional offi-
cials shall include, to the extent prac-
ticable, informal agreement from FAA 
on proposed new or modified flight pro-
cedures. For air carrier airports, con-
sultation must include any air carriers 
and, to the extent practicable, other 
aircraft operators using the airport. 
For other airports, consultation must 
include, to the extent practicable, air-
craft operators using the airport. 

(d) Prior to and during the develop-

ment of a program, and prior to sub-
mission of the resulting draft program 
to the FAA, the airport operator shall 
afford adequate opportunity for the ac-
tive and direct participation of the 
States, public agencies and planning 
agencies in the areas surrounding the 
airport, aeronautical users of the air-
port, the airport operator, and the gen-
eral public to submit their views, data, 
and comments on the formulation and 
adequacy of that program. Prior to 
submitting the program to the FAA, 
the airport operator shall also provide 
notice and the opportunity for a public 
hearing. 

(e) Each noise compatibility program 

submitted to the FAA must consist of 
at least the following: 

(1) A copy of the noise exposure map 

and its supporting documentation as 
found in compliance with the applica-
ble requirements by the FAA, per 
§ 150.21(c). 

(2) A description and analysis of the 

alternative measures considered by the 
airport operator in developing the pro-
gram, together with a discussion of 
why each rejected measure was not in-
cluded in the program. 

(3) Program measures proposed to re-

duce or eliminate present and future 
noncompatible land uses and a descrip-
tion of the relative contribution of 
each of the proposed measures to the 
overall effectiveness of the program. 

(4) A description of public participa-

tion and the consultation with officials 
of public agencies and planning agen-
cies in areas surrounding the airport, 
FAA regional officials and other Fed-
eral officials having local responsi-
bility for land uses depicted on the 

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