Sec. 150.23 - Noise compatibility programs.
(a) Any airport operator who has
submitted an acceptable noise exposure map under §150.21 may, after FAA
notice of acceptability and other consultation and public procedure
specified under paragraphs (b) and (c) of this section, as applicable,
submit to the Regional Airports Division Manager five copies of a noise
(b) An airport operator may submit the
noise compatibility program at the same time as the noise exposure map. In
this case, the Regional Airports Division Manager will not begin the
statutory 180-day review period (for the program) until after FAA reviews
the noise exposure map and finds that it and its supporting documentation
are in compliance with the applicable requirements.
(c) Each noise compatibility program
must be developed and prepared in accordance with appendix B of this part,
or an FAA approved equivalent, and in consultation with FAA regional
officials, the officials of the state and of any public agencies and
planning agencies whose area, or any portion or whose area, of
jurisdiction within the Ldn 65 dB noise contours is depicted
on the noise exposure map, and other Federal officials having local
responsibility of land uses depicted on the map. Consultation with FAA
regional officials shall include, to the extent practicable, informal
agreement from FAA on proposed new or modified flight procedures. For air
carrier airports, consultation must include any air carriers and, to the
extent practicable, other aircraft operators using the airport. For other
airports, consultation must include, to the extent practicable, aircraft
operators using the airport.
(d) Prior to and during the development
of a program, and prior to submission of the resulting draft program to
the FAA, the airport operator shall afford adequate opportunity for the
active and direct participation of the states, public agencies and
planning agencies in the areas surrounding the airport, aeronautical users
of the airport, and the general public to submit their views, data, and
comments on the formulation and adequacy of that program.
(e) Each noise compatibility program
submitted to the FAA must consist of at least the following:
(1) A copy of the noise exposure map and
its supporting documentation as found in compliance with the applicable
requirements by the FAA, per §150.21(c).
(2) A description and analysis of the
alternative measures considered by the airport operator in developing the
program, together with a discussion of why each rejected measure was not
included in the program.
(3) Program measures proposed to reduce
or eliminate present and future noncompatible land uses and a description
of the relative contribution of each of the proposed measures to the
overall effectiveness of the program.
(4) A description of public
participation and the consultation with officials of public agencies and
planning agencies in areas surrounding the airport, FAA regional officials
and other Federal officials having local responsibility for land uses
depicted on the map, any air carriers and other users of the airport.
(5) The actual or anticipated effect of
the program on reducing noise exposure to individuals and noncompatible
land uses and preventing the introduction of additional noncompatible uses
within the area covered by the noise exposure map. The effects must be
based on expressed assumptions concerning the type and frequency of
aircraft operations, number of nighttime operations, flight patterns,
airport layout including planned airport development, planned land use
changes, and demographic changes within the Ldn 65 dB noise
(6) A description of how the proposed
future actions may change any noise control or compatibility plans or
actions previously adopted by the airport proprietor.
(7) A summary of the comments at any
public hearing on the program and a copy of all written material submitted
to the operator under paragraphs (c) and (d) of this section, together
with the operator's response and disposition of those comments and
materials to demonstrate the program is feasible and reasonably consistent
with obtaining the objectives of airport noise compatibility planning
under this part.
(8) The period covered by the program,
the schedule for implementation of the program, the persons responsible
for implementation of each measure in the program, and, for each measure,
documentation supporting the feasibility of implementation, including any
essential governmental actions, costs, and anticipated sources of funding,
that will demonstrate that the program is reasonably consistent with
achieving the goals of airport noise compatibility planning under this
(9) Provision for revising the program
if made necessary by revision of the noise exposure map.
[Doc. No. 18691, 49 FR 49269, Dec. 18, 1984; 50
FR 5063, Feb. 6, 1985; Amdt. 150-2, 54 FR 39295, Sept. 25, 1989]