[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR150.21]



[Page 77-79]

 

                     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 a forecast period that is at least 5 years in the future, 

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



[[Page 78]]



notice of compliance for each such noise exposure map and description, 

identifying the airport involved. Such notice includes information as to 

when and where the map and related documentation are available for 

public inspection.

    (d) The airport operator shall, in accordance with this section, 

promptly prepare and submit a revised noise exposure map.

    (1) 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 a period of at least five years 

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.

    (2) If, after submission of a noise exposure map under paragraph (a) 

of this section, any change in the operation of the airport would 

significantly reduce noise over existing noncompatible uses that is not 

reflected in either the existing conditions or forecast noise exposure 

map on file with the FAA, the airport operator shall, in accordance with 

this section, promptly prepare and submit a revised noise exposure map. 

A change in the operation of the airport creates a significant reduction 

in noise over existing noncompatible uses if that change results in a 

decrease in the yearly day-night average sound level of 1.5 dB or 

greater in a land area which was formerly noncompatible but is thereby 

made compatible under Appendix A (Table 1).

    (3) Such updating of the map shall include a reassessment of those 

areas excluded under section A150.101(e)(5) of Appendix A because of 

high ambient noise levels.

    (4) If the 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 forecast 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) Title 49, section 47506 provides 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 47503 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--



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.''





[[Page 79]]





    (f)(2) Title 49 section 47506(b) further provides:



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; Amdt. 150-4, 69 FR 57626, 

Sept. 24, 2004]