[Code of Federal Regulations]
[Title 14, Volume 3]
[Revised as of January 1, 2008]
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 notice of 
compliance for each such noise exposure map and description, identifying 
the airport involved. Such notice includes information as to when

[[Page 78]]

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.''

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

That for this purpose, ``constructive knowledge'' shall be imputed, at a 
minimum, to

[[Page 79]]

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]