[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: 14CFR150.33]



[Page 80-81]

 

                     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);



[[Page 81]]



    (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]