Federal Aviation Administration, DOT

Section 150.35

(2) Are reasonably consistent with
obtaining the goal of reducing existing
noncompatible land uses and preventing the introduction of additional
noncompatible land uses; and
(3) Include the use of new or modified
flight procedures to control the operation 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 measures to determine whether they may
adversely affect the exercise of the authority and responsibilities of the Administrator under the Federal Aviation
Act of 1958, as amended.
(c) To the extent considered necessary, the FAA may - 
(1) Confer with the airport operator
and other persons known to have information and views material to the evaluation;
(2) Explore the objectives of the program and the measures, and any alternative measures, for achieving the objectives.
(3) Examine the program for developing 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 implementing the program for the purposes
of gathering all facts relevant to the
determination of approval or disapproval of the program and of discussing any needs to accommodate or
modify the program as submitted.
(d) If requested by the FAA, the airport operator shall furnish all information 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 program. If the airport operator withdraws or revises the program or indicates to the Regional Airports Division
Manager, in writing, the intention to
revise the program, the Regional Airports Division Manager terminates the
evaluation and notifies the airport operator of that action. That termination
cancels the 180-day review period. The
FAA does not evaluate a second program for any airport until any previously 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withdrawn or a determination on it is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 unmodified portions of the revised program 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]

Section 150.35 Determinations;
effectivity.

publications;

(a) The FAA issues a determination
approving or disapproving each airport
noise compatibility program (and revised program). Portions of a program
may be individually approved or disapproved. No conditional approvals
will be issued. A determination on a
program acceptable under this part is
issued within 180 days after the program is received under Section 150.23 of this
part or it may be considered approved,
except that this time period may be exceeded for any portion of a program relating to the use of flight procedures
for noise control purposes. A determination on portions of a program covered 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 procedure for noise control purposes may be
issued either in connection with the determination on other portions of the
program or separately. Except as provided by this paragraph, no approval of
any noise compatibility program, or
any portion of a program, may be implied in the absence of the FAA-s express approval.
(b) The Administrator approves programs under this part, if - 
(1) It is found that the program measures to be implemented would not create an undue burden on interstate or
foreign commerce (including any unjust discrimination) and are reasonably
consistent with achieving the goals of
reducing existing noncompatible land

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