[Code of Federal Regulations]
[Title 14, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR150.21]
[Page 91-92]
TITLE 14--AERONAUTICS AND SPACE
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
(CONTINUED)
PART 150--AIRPORT NOISE COMPATIBILITY PLANNING--Table of Contents
Subpart B--Development of Noise Exposure Maps and Noise Compatibility
Programs
Sec. 150.21 Noise exposure maps and related descriptions.
(a) Each airport operator may after completion of the consultations
and public procedure specified under paragraph (b) of this section
submit to the Regional Airports Division Manager five copies of the
noise exposure map (or revised map) which identifies each noncompatible
land use in each area depicted on the map, as of the date of submission,
and five copies of a map each with accompanying documentation setting
forth--
(1) The noise exposure based on forecast aircraft operations at the
airport for the fifth calendar year beginning after the date of
submission (based on reasonable assumptions concerning future type and
frequency of aircraft operations, number of nighttime operations, flight
patterns, airport layout including any planned airport development,
planned land use changes, and demographic changes in the surrounding
areas); and
(2) The nature and extent, if any, to which those forecast
operations will affect the compatibility and land uses depicted on the
map.
(b) Each map, and related documentation submitted under this section
must be developed and prepared in accordance with appendix A of this
part, or an FAA approved equivalent, and in consultation with states,
and public agencies and planning agencies whose area, or any portion of
whose area, of jurisdiction is within the Ldn 65 dB contour
depicted on the map, FAA regional officials, and other Federal officials
having local responsibility for land uses depicted on the map. This
consultation must include regular aeronautical users of the airport. The
airport operator shall certify that it has afforded interested persons
adequate opportunity to submit their views, data, and comments
concerning the correctness and adequacy of the draft noise exposure map
and descriptions of forecast aircraft operations. Each map and revised
map must be accompanied by documentation describing the consultation
accomplished under this paragraph and the opportunities afforded the
public to review and comment during the development of the map. One copy
of all written comments received during consultation shall also be filed
with the Regional Airports Division Manager.
(c) The Regional Airports Division Manager acknowledges receipt of
noise exposure maps and descriptions and indicates whether they are in
compliance with the applicable requirements. The Regional Airports
Division Manager publishes in the Federal Register a notice of
compliance for each such noise exposure map and description, identifying
the airport involved. Such notice includes information as to when
[[Page 92]]
and where the map and related documentation are available for public
inspection.
(d) 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 the fifth calendar year 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
day-night 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. Such updating of the map shall include a
reassessment of those areas excluded under sec. A150.101(e)(5) of
appendix A because of high ambient noise levels. If the five-year
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 initial five-
year 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) The ASNA Act provides, in section 107 (a) (49 U.S.C.
2107(a)), 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.''
(2) The Act further provides in section 107(b), (49 U.S.C. 2107(b)):
That for this purpose, ``constructive knowledge'' shall be imputed, at a
minimum, to 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
Sec. 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]