Federal Aviation Administration, DOT

Section 150.23

any person who acquires property or an interest therein in an area surrounding an airport 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 circulation in the county in which such property 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 significant in paragraph (f) of this section
means that change or increase in one
or more of the four factors which results in a  - substantial new noncompatible use -  as defined in Section 150.21(d), affecting the property in issue. Responsibility for applying or interpreting this
provision with respect to specific properties 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]

Section 150.23 Noise compatibility programs.
(a) Any airport operator who has submitted an acceptable noise exposure
map under Section 150.21 may, after FAA notice of acceptability and other consultation and public procedure specified under paragraphs (b) and (c) of this
section, as applicable, submit to the
Regional Airports Division Manager
five copies of a noise compatibility program.
(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 Division Manager will not begin the statutory 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 requirements.
(c) Each noise compatibility program
must be developed and prepared in accordance with appendix B of this part,
or an FAA approved equivalent, and in
consultation with FAA regional officials, the officials of the state and of
any public agencies and planning agencies whose area, or any portion or
whose area, of jurisdiction within the
Ldn 65 dB noise contours is depicted on

the noise exposure map, and other Federal officials having local responsibility of land uses depicted on the map.
Consultation with FAA regional officials shall include, to the extent practicable, informal agreement from FAA
on proposed new or modified flight procedures. For air carrier airports, consultation 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, aircraft operators using the airport.
(d) Prior to and during the development of a program, and prior to submission of the resulting draft program
to the FAA, the airport operator shall
afford adequate opportunity for the active and direct participation of the
States, public agencies and planning
agencies in the areas surrounding the
airport, aeronautical users of the airport, the airport operator, and the general 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 applicable requirements by the FAA, per
Section 150.21(c).
(2) A description and analysis of the
alternative measures considered by the
airport operator in developing the program, together with a discussion of
why each rejected measure was not included in the program.
(3) Program measures proposed to reduce or eliminate present and future
noncompatible land uses and a description of the relative contribution of
each of the proposed measures to the
overall effectiveness of the program.
(4) A description of public participation and the consultation with officials
of public agencies and planning agencies in areas surrounding the airport,
FAA regional officials and other Federal officials having local responsibility for land uses depicted on the

665

VerDate Sep<11>2014

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00675

Fmt 8010

Sfmt 8010

Y:\SGML\247048.XXX

247048