667 

Federal Aviation Administration, DOT 

§ 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. 

(c) To the extent considered nec-

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withdrawn or a determination on it is 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 

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