[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: 14CFR150.33]

[Page 94-95]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 150--AIRPORT NOISE COMPATIBILITY PLANNING--Table of Contents
 
     Subpart C--Evaluations and Determinations of Effects of Noise 
                         Compatibility Programs
 
Sec. 150.33  Evaluation of programs.

    (a) The FAA conducts an evaluation of each noise compatibility 
program and, based on that evaluation, either approves or disapproves 
the program. The evaluation includes consideration of proposed measures 
to determine whether they--
    (1) May create an undue burden on interstate or foreign commerce 
(including unjust discrimination);
    (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

[[Page 95]]

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]