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 the fifth calendar year 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 and where the map and related documentation are available for public
inspection.
(d) 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 the
fifth calendar year 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. Such updating of the map
shall include a reassessment of those areas excluded under sec.
A150.101(e)(5) of appendix A because of high ambient noise levels. If the
five-year 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 initial five-year
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) The ASNA Act provides, in section
107 (a) (49 U.S.C. 2107(a)), 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."
(2) The Act further provides in section
107(b), (49 U.S.C. 2107(b)):
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 §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]