PART 150 AIRPORT NOISE COMPATIBILITY PLANNING

 

Subpart A General Provisions

 

Sec.

150.1 Scope and purpose.

150.3 Applicability.

150.5 Limitations of this part.

150.7 Definitions.

150.9 Designation of noise systems.

150.11 Identification of land uses.

150.13 Incorporation by reference.

 

Subpart B Development of Noise Exposure

Maps and Noise Compatibility Programs

 

150.21 Noise exposure maps and related descriptions.

150.23 Noise compatibility programs.

 

Subpart C Evaluations and Determinations of

Effects of Noise Compatibility Programs

 

150.31 Preliminary review; acknowledgments.

150.33 Evaluation of programs.

150.35 Determinations; publications; effectivity.

 

APPENDIX A TO PART 150 NOISE EXPOSURE MAPS

 

APPENDIX B TO PART 150 NOISE COMPATIBILITY PROGRAMS

 

Authority: 49 U.S.C. 1348, 1354(a), 1421, 1431, 2101, 2102, 2103(a), 2104(a)

and (b), 2201 et seq.; 49 U.S.C. 106(g) (Revised, Pub. L. 97-449, Jan. 12,

1983).

 

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Subpart A General Provisions

 

150.1 Scope and purpose.

 

This part prescribes the procedures, standards, and methodology

governing the development, submission, and review of airport noise exposure

maps and airport noise compatibility programs, including the process for

evaluating and approving or disapproving those programs. It prescribes

single systems for (a) measuring noise at airports and surrounding areas

that generally provides a highly reliable relationship between projected

noise exposure and surveyed reaction of people to noise; and (b) determining

exposure of individuals to noise that results from the operations of an

airport. This part also identifies those land uses which are normally

compatible with various levels of exposure to noise by individuals. It

provides technical assistance to airport operators, in conjunction with

other local, State, and Federal authorities, to prepare and execute

appropriate noise compatibility planning and implementation programs.

 

150.3 Applicability.

 

This part applies to the airport noise compatibility planning activities

of the operators of "public use airports," including heliports, as that term

is used in section 101(1) of the ASNA Act as amended (49 U.S.C. 2101) and as

defined in section 503(17) of the Airport and Airway Improvement Act of 1982

(49 U.S.C. 2202).

 

150.5 Limitations of this part.

 

(a) Pursuant to the ASNA Act (49 U.S.C. 2101 et seq.), this part

provides for airport noise compatibility planning and land use programs

necessary to the purposes of those provisions. No submittal of a map, or

approval or disapproval, in whole or part, of any map or program submitted

under this part is a determination concerning the acceptability or

unacceptability of that land use under Federal, State, or local law.

 

(b) Approval of a noise compatibility program under this part is neither

a commitment by the FAA to financially assist in the implementation of the

program, nor a determination that all measures covered by the program are

eligible for grant-in-aid funding from the FAA.

 

(c) Approval of a noise compatibility program under this part does not

by itself constitute an FAA implementing action. A request for Federal

action or approval to implement specific noise compatibility measures may be

required, and an FAA decision on the request may require an environmental

assessment of the proposed action, pursuant to the National Environmental

Policy Act (42 U.S.C. 4321 et seq.) and applicable regulations, directives,

and guidelines.

 

(d) Acceptance of a noise exposure map does not constitute an FAA

determination that any specific parcel of land lies within a particular

noise contour. Responsibility for interpretation of the effects of noise

contours upon subjacent land uses, including the relationship between noise

contours and specific properties, rests with the sponsor or with other State

or local government.

 

150.7 Definitions.

 

As used in this part, unless the context requires otherwise, the

following terms have the following meanings.

 

"Airport" means any public use airport, including heliports, as defined

by the ASNA Act, including: (a) any airport which is used or to be used for

public purposes, under the control of a public agency, the landing area of

which is publicly owned; (b) any privately owned reliever airport; and (c)

any privately owned airport which is determined by the Secretary to enplane

annually 2,500 or more passengers and receive scheduled passenger service of

aircraft, which is used or to be used for public purposes.

 

"Airport noise compatibility program" and "program" mean that program,

and all revisions thereto, reflected in documents (and revised documents)

developed in accordance with Appendix B of this part, including the measures

proposed or taken by the airport operator to reduce existing noncompatible

land uses and to prevent the introduction of additional noncompatible land

uses within the area.

 

"Airport Operator" means, the operator of an airport as defined in the

ASNA Act.

 

"ASNA Act" means the Aviation Safety and Noise Abatement Act of 1979, as

amended (49 U.S.C. 2101 et seq.).

 

"Average sound level" means the level, in decibels, of the mean-square,

A-weighted sound pressure during a specified period, with reference to the

square of the standard reference sound pressure of 20 micropascals.

 

"Compatible land use" means the use of land that is identified under

this part as normally compatible with the outdoor noise environment (or an

adequately attenuated noise level reduction for any indoor activities

involved) at the location because the yearly day-night average sound level

is at or below that identified for that or similar use under Appendix A

(Table 1) of this part.

 

"Day-night average sound level" (DNL) means the 24-hour average sound

level, in decibels, for the period from midnight to midnight, obtained after

the addition of ten decibels to sound levels for the periods between

midnight and 7 a.m., and between 10 p.m., and midnight, local time." The

symbol for DNL is Ldn.

 

"Noise exposure map" means a scaled, geographic depiction of an airport,

its noise contours, and surrounding area developed in accordance with

section A150.101 of Appendix A of this part, including the accompanying

documentation setting forth the required descriptions of forecast aircraft

operations at that airport during the fifth calendar year beginning after

submission of the map, together with the ways, if any, those operations will

affect the map (including noise contours and the forecast land uses).

 

"Noise level reduction" (NLR) means the amount of noise level reduction

in decibels achieved through incorporation of noise attenuation (between

outdoor and indoor levels) in the design and construction of a structure.

 

"Noncompatible land use" means the use of land that is identified under

this part as normally not compatible with the outdoor noise environment (or

an adequately attenuated noise reduction level for the indoor activities

involved at the location) because the yearly day-night average sound level

is above that identified for that or similar use under Appendix A (Table 1)

of this part.

 

"Regional Airports Division Manager" means the Airports Division Manager

having responsibility for the geographic area in which the airport in

question is located.

 

"Restriction affecting flight procedures" means any requirement,

limitation, or other action affecting the operation of aircraft, in the air

or on the ground.

 

"Sound exposure level" means the level, in decibels, of the time

integral of squared A-weighted sound pressure during a specified period or

event, with reference to the square of the standard reference sound pressure

of 20 micropascals and a duration of one second.

 

"Yearly day-night average sound level" (YDNL) means the 365-day average,

in decibels, day-night average sound level. The symbol for YDNL is also Ldn.

 

150.9 Designation of noise systems.

 

For purposes of this part, the following designations apply:

 

(a) The noise at an airport and surrounding areas covered by a noise

exposure map must be measured in A-weighted sound pressure level (LA) in

units of decibels (dBA) in accordance with the specifications and methods

prescribed under Appendix A of this part.

 

(b) The exposure of individuals to noise resulting from the operation of

an airport must be established in terms of yearly day-night average sound

level (YDNL) calculated in accordance with the specifications and methods

prescribed under Appendix A of this part.

 

(c) Uses of computer models to create noise contours must be in

accordance with the criteria prescribed under Appendix A of this part.

 

150.11 Identification of land uses.

 

For the purposes of this part, uses of land which are normally

compatible or noncompatible with various noise exposure levels to

individuals around airports must be identified in accordance with the

criteria prescribed under Appendix A of this part. Determination of land use

must be based on professional planning criteria and procedures utilizing

comprehensive, or master, land use planning, zoning, and building and site

designing, as appropriate. If more than one current or future land use is

permissible, determination of compatibility must be based on that use most

adversely affected by noise.

 

150.13 Incorporations by reference.

 

(a) General. This part prescribes certain standards and procedures which

are not set forth in full text in the rule. Those standards and procedures

are hereby incorporated by reference and were approved for incorporation by

reference by the Director of the Federal Register under 5 U.S.C. 552(a) and

1 CFR Part 51.

 

(b) Changes to incorporated matter. Incorporated matter which is subject

to subsequent change is incorporated by reference according to the specific

reference and to the identification statement. Adoption of any subsequent

change in incorporated matter that affects compliance with standards and

procedures of this part will be made under 14 CFR Part 11 and 1 CFR Part 51.

 

(c) Identification statement. The complete title or description which

identifies each published matter incorporated by reference in this part is

as follows:

 

International Electrotechnical Commission (IEC) Publication No. 179,

entitled "Precision Sound Level Meters," dated 1973.

 

(d) Availability for purchase. Published material incorporated by

reference in this part may be purchased at the price established by the

publisher or distributor at the following mailing addresses.

 

IEC publications:

 

(1) The Bureau Central de la Commission Electrotechnique,

Internationale, 1, rue de Varembe, Geneva, Switzerland.

 

(2) American National Standards Institute, 1430 Broadway, New York, NY

10018.

 

(e) Availability for inspection. A copy of each publication incorporated

by reference in this part is available for public inspection at the

following locations:

 

(1) FAA Office of the Chief Counsel, Rules Docket, AGC-10, Federal

Aviation Administration Headquarters Building, 800 Independence Avenue, SW.,

Washington, D.C. 20591.

 

(2) Department of Transportation, Branch Library, Room 930, Federal

Aviation Administration Headquarters Building, 800 Independence Avenue, SW.,

Washington, D.C. 20591.

 

(3) The respective Regional Offices of the Federal Aviation

Administration as follows:

 

(i) New England Regional Office, 12 New England Executive Park,

Burlington, Massachusetts 01803.

 

(ii) Eastern Regional Office, Federal Building, John F. Kennedy (JFK)

International Airport, Jamaica, New York 11430.

 

(iii) Southern Regional Office, 3400 Norman Berry Drive, East Point,

Georgia (P.O. Box 20636, Atlanta, Georgia) 30320.

 

(iv) Great Lakes Regional Office, 2300 East Devon, Des Plaines, Illinois

60018.

 

(v) Central Regional Office, 601 East 12th Street, Kansas City, Missouri

64106.

 

(vi) Southwest Regional Office, 4400 Blue Mound Road, (P.O. Box 1689),

Fort Worth, Texas 76101.

 

(vii) Northwest Mountain Regional Office, 17900 Pacific Highway, South,

C-68966, Seattle, Washington 98168.

 

(viii) Western Pacific Regional Office, 15000 Aviation Boulevard,

Hawthorne, California (P.O. Box 92007, Worldway Postal Center, Los Angeles)

90009.

 

(ix) Alaskan Regional Office, 701 "C" Street, Box 14, Anchorage, Alaska

99513.

 

(xi) European Office, 15, Rue de la Loi (3rd Floor) B1040 Brussels,

Belgium.

 

(4) The Office of the Federal Register, Room 8401, 1100 "L" Street, NW.,

Washington, D.C.

 

 

 

Subpart B Development of Noise Exposure Maps and

Noise Compatibility Programs

 

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 of 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 l), 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.

 

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 compatibility program.

 

(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 of

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 for 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 contours.

 

(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 part.

 

(9) Provision for revising the program if made necessary by revision of

the noise exposure map.

 

 

 

Subpart C Evaluations and Determinations of

Effects of Noise Compatibility Programs

 

150.31 Preliminary review: acknowledgments.

 

(a) Upon receipt of a noise compatibility program submitted under

150.23, the Regional Airports Division Manager acknowledges to the airport

operator receipt of the program and conducts a preliminary review of the

submission.

 

(b) If, based on the preliminary review, the Regional Airports Division

Manager finds that the submission does not conform to the requirements of

this part, he disapproves and returns the unacceptable program to the

airport operator for reconsideration and development of a program in

accordance with this Part.

 

(c) If, based on the preliminary review, the Regional Airports Division

Manager finds that the program conforms to the requirements of this part,

the Regional Airports Division Manager publishes in the Federal Register a

notice of receipt of the program for comment which indicates the following:

 

(1) The airport covered by the program, and the date of receipt.

 

(2) The availability of the program for examination in the offices of

the Regional Airports Division Manager and the airport operator.

 

(3) That comments on the program are invited and, will be considered by

the FAA.

 

(d) The date of signature of the published notice of receipt starts the

180-day approval period for the program.

 

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);

 

(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.

 

150.35 Determinations; publication; effectivity.

 

(a) The FAA issues a determination approving or disapproving each

airport noise compatibility program (and revised program). Portions of a

program may be individually approved or disapproved. No conditional

approvals will be issued. A determination on a program acceptable under this

part is issued within 180 days after the program is received under 150.23

of this part or it may be considered approved, except that this time period

may be exceeded for any portion of a program relating to the use of flight

procedures for noise control purposes. A determination on portions of a

program covered by the exceptions to the 180-day review period for approval

will be issued within a reasonable time after receipt of the program.

Determinations relating to the use of any flight procedure for noise control

purposes may be issued either in connection with the determination on other

portions of the program or separately. Except as provided by this paragraph,

no approval of any noise compatibility program, or any portion of a program,

may be implied in the absence of the FAA's express approval.

 

(b) The Administrator approves programs under this part, if

 

(1) It is found that the program measures to be implemented would not

create an undue burden on interstate or foreign commerce (including any

unjust discrimination) and are reasonably consistent with achieving the

goals of reducing existing noncompatible land uses around the airport and of

preventing the introduction of additional noncompatible land uses;

 

(2) The program provides for revision if made necessary by the revision

of the noise map; and

 

(3) Those aspects of programs relating to the use of flight procedures

for noise control can be implemented within the period covered by the

program and without

 

(i) Reducing the level of aviation safety provided;

 

(ii) Derogating the requisite level of protection for aircraft, their

occupants and persons and property on the ground;

 

(iii) Adversely affecting the efficient use and management of the

Navigable Airspace and Air Traffic Control Systems; or

 

(iv) Adversely affecting any other powers and responsibilities of the

Administrator prescribed by law or any other program, standard, or

requirement established in accordance with law.

 

(c) When a determination is issued, the Regional Airports Division

Manager notifies the airport operator and publishes a notice of approval or

disapproval in the Federal Register identifying the nature and extent of the

determination.

 

(d) Approvals issued under this part for a program or portion thereof

become effective as specified therein and may be withdrawn when one of the

following occurs:

 

(1) The program or portion thereof is required to be revised under this

part or under its own terms, and is not so revised;

 

(2) If a revision has been submitted for approval, a determination is

issued on the revised program or portion thereof, that is inconsistent with

the prior approval.

 

(3) A term or condition of the program, or portion thereof, or its

approval is violated by the responsible government body.

 

(4) A flight procedure or other FAA action upon which the approved

program or portion thereof is dependent is subsequently disapproved,

significantly altered, or rescinded by the FAA.

 

(5) The airport operator requests rescission of the approval.

 

(6) Impacts on flight procedures, air traffic management, or air

commerce occur which could not be foreseen at the time of approval.

 

A determination may be sooner rescinded or modified for cause with at

least 30 days written notice to the airport operator of the FAA's intention

to rescind or modify the determination for the reasons stated in the notice.

The airport operator may, during the 30-day period, submit to the Regional

Airports Division Manager for consideration any reasons and circumstances

why the determination should not be rescinded or modified on the basis

stated in the notice of intent. Thereafter, the FAA either rescinds or

modifies the determination consistent with the notice or withdraws the

notice of intent and terminates the action.

 

(e) Determinations may contain conditions which must be satisfied prior

to implementation of any portion of the program relating to flight

procedures affecting airport or aircraft operations.

 

(f) Noise exposure maps for current and five year forecast conditions

that are submitted and approved with noise compatibility programs are

considered to be the new FAA accepted noise exposure maps for purposes of

Part 150.

 

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Appendix A to Part 150 Noise Exposure Maps

 

PART A GENERAL

 

Sec. A150.1 Purpose.

Sec. A150.3 Noise descriptors.

Sec. A150.5 Noise measurement procedures and equipment.

 

PART B NOISE EXPOSURE MAP DEVELOPMENT

 

Sec. A150.101 Noise contours and land usages.

Sec. A150.103 Use of computer prediction model.

Sec. A150.105 Identification of public agencies and planning agencies.

 

PART C MATHEMATICAL DESCRIPTIONS

 

Sec. A150.201 General.

Sec. A150.203 Symbols.

Sec. A150.205 Mathematical computations.

 

 

 

PART A GENERAL

 

Sec. A150.1 Purpose.

 

(a) This appendix establishes a uniform methodology for the development

and preparation of airport noise exposure maps. That methodology includes a

single system of measuring noise at airports for which there is a highly

reliable relationship between projected noise exposure and surveyed

reactions of people to noise along with a separate single system for

determining the exposure of individuals to noise. It also identifies land

uses which, for the purpose of this part are considered to be compatible

with various exposures of individuals to noise around airports.

 

(b) This appendix provides for the use of the FAA's Integrated Noise

Model (INM) or an FAA approved equivalent, for developing standardized noise

exposure maps and predicting noise impacts. Noise monitoring may be utilized

by airport operators for data acquisition and data refinement, but is not

required by this part for the development of noise exposure maps or airport

noise compatibility programs. Whenever noise monitoring is used, under this

part, it should be accomplished in accordance with Sec. A150.5 of this

appendix.

 

Sec. A150.3 Noise descriptors.

 

(a) Airport Noise Measurement. The A-Weighted Sound Level, measured,

filtered and recorded in accordance with Sec. A150.5 of this appendix, must

be employed as the unit for the measurement of single event noise at

airports and in the areas surrounding the airports.

 

(b) Airport Noise Exposure. The yearly day-night average sound level

(YDNL) must be employed for the analysis and characterization of the

multiple aircraft noise events and for determining the cumulative exposure

of individuals to noise around airports.

 

Sec. A150.5 Noise measurement procedures and equipment.

 

(a) Sound levels must be measured or analyzed with equipment having the

"A" frequency weighting, filter characteristics, and the "slow response"

characteristics as defined in International Electrotechnical Commission

(IEC) Publication No. 179, entitled "Precision Sound Level Meters" as

incorporated by reference in Part 150 under 150.11. For purposes of this

part, the tolerances allowed for general purpose, type 2 sound level meters

in IEC 179, are acceptable.

 

(b) Noise measurements and documentation must be in accordance with

accepted acoustical measurement methodology, such as those described in

American National Standards Institute publication ANSI 51.13, dated 1971 as

revised 1979, entitled "ANS Methods for the Measurement of Sound Pressure

Levels"; ARP No. 796, dated 1969, entitled "Measurement of Aircraft Exterior

Noise in the Field"; Handbook of Noise Measurement," Ninth Ed. 1980, by

Arnold P. G. Peterson; or "Acoustic Noise Measurement," dated Jan., 1979, by

J. R. Hassell and K. Zaveri. For purpose of this part, measurements intended

for comparison to a State or local standard or with another transportation

noise source (including other aircraft) must be reported in maximum

A-weighted sound levels (LAM); for computation or validation of the yearly

day-night average level (Ldn), measurements must be reported in sound

exposure level (LAE), as defined in Sec. A150.205 of this appendix.

 

 

 

PART B NOISE EXPOSURE MAP DEVELOPMENT

 

Sec. A150.101 Noise contours and land usages.

 

(a) To determine the extent of the noise impact around an airport,

airport proprietors developing noise exposure maps in accordance with this

part must develop Ldn contours. Continuous contours must be developed for

YDNL levels of 65, 70 and 75 (additional contours may be developed and

depicted when appropriate). In those areas where YDNL values are 65 YDNL or

greater, the airport operator shall identify land uses and determine land

use compatibility in accordance with the standards and procedures of this

appendix.

 

(b) Table 1 of this appendix describes compatible land use information

for several land uses as a function of YDNL values. The ranges of YDNL

values in Table 1 reflect the statistical variability for the responses of

large groups of people to noise. Any particular level might not, therefore,

accurately assess an individual's perception of an actual noise environment.

Compatible or noncompatible land use is determined by comparing the

predicted or measured YDNL values at a site with the values given.

Adjustments or modifications of the descriptions of the land-use categories

may be desirable after consideration of specific local conditions.

 

(c) Compatible designations in Table 1 generally refer to the major use

of the site. If other uses with greater sensitivity to noise are permitted

by local government at a site, a determination of compatibility must be

based on that use which is most adversely affected by noise. When

appropriate, noise level reduction through incorporation of sound

attenuation into the design and construction of a structure may be necessary

to achieve compatibility.

 

(d) For the purpose of compliance with this part, all land uses are

considered to be compatible with noise levels less than Ldn 65 dB. Local

needs or values may dictate further delineation based on local requirements

or determinations.

 

(e) Except as provided in (f) below, the noise exposure maps must also

contain and identify:

 

(1) Runway locations.

 

(2) Flight tracks.

 

(3) Noise contours of Ldn 65, 70, and 75 dB resulting from aircraft

operations.

 

(4) Outline of the airport boundaries.

 

(5) Noncompatible land uses within the noise contours, including those

within the Ldn 65 dB contours. (No land use has to be identified as

noncompatible if the self-generated noise from that use and/or the ambient

noise from other nonaircraft and nonairport uses is equal to or greater than

the noise from aircraft and airport sources.)

 

(6) Location of noise sensitive public buildings (such as schools,

hospitals, and health care facilities), and properties on or eligible for

inclusion in the National Register of Historic Places.

 

(7) Locations of any aircraft noise monitoring sites utilized for data

acquisition and refinement procedures.

 

(8) Estimates of the number of people residing within the Ldn 65, 70 ,

and 75 dB contours.

 

(9) Depiction of the required noise contours over a land use map of a

sufficient scale and quality to discern streets and other identifiable

geographic features.

 

(f) Notwithstanding any other provision of this Part, noise exposure

maps prepared in connection with studies which were either Federally funded

or Federally approved and which commenced before October 1, 1981, are not

required to be modified to contain the following items:

 

(1) Flight tracks depicted on the map.

 

(2) Use of ambient noise to determine land use compatibility.

 

(3) The Ldn 70 dB noise contour and data related to Ldn 70 dB contour.

When determinations on land use compatibility using Table 1 differ between

Ldn 65-70 dB and Ldn 70-75 dB, determinations should either use the more

conservative Ldn 70-75 dB column or reflect determinations based on local

needs and values.

 

(4) Estimates of the number of people residing within the Ldn 65, 70,

and 75 dB contours.

 

TABLE 1 LAND USE COMPATIBILITY* WITH YEARLY DAY-NIGHT AVERAGE SOUND LEVELS

 

Yearly day-night average sound level (Ldn) in

decibels

Land Use

Below

65 65-70 70-75 75-80 80-85 Over 85

 

RESIDENTIAL

 

Residential, other than

mobile homes and

transient lodging Y N(1) N(1) N N N

Mobile home parks Y N N N N N

Transient lodgings Y N(1) N(1) N(1) N N

 

PUBLIC USE

 

Schools Y N(1) N(1) N N N

Hospitals and nursing homes Y 25 30 N N N

Churches, auditoriums, and

concert halls Y 25 30 N N N

Government services Y Y 25 30 N N

Transportation Y Y Y(2) Y(3) Y(4) Y(4)

Parking Y Y Y(2) Y(3) Y(4) N

 

COMMERCIAL USE

 

Offices, business and

professional Y Y 25 30 N N

Wholesale and

retail--building materials,

hardware and farm equipment Y Y Y(2) Y(3) Y(4) N

Retail trade--general Y Y 25 30 N N

Utilities Y Y Y(2) Y(3) Y(4) N

Communication Y Y 25 30 N N

 

MANUFACTURING AND PRODUCTION

 

Manufacturing, general Y Y Y(2) Y(3) Y(4) N

Photographic and optical Y Y 25 30 N N

Agriculture (except

livestock) and forestry Y Y(6) Y(7) Y(8) Y(8) Y(8)

Livestock farming and

breeding Y Y(6) Y(7) N N N

Mining and fishing, resource

production

and extraction Y Y Y Y Y Y

 

RECREATIONAL

 

Outdoor sports arenas and

spectator sports Y Y(5) Y(5) N N N

Outdoor music shells,

amphitheaters Y N N N N N

Nature exhibits and zoos Y Y N N N N

Amusements, parks, resorts,

and camps Y Y Y N N N

Golf courses, riding stables

and water

recreation Y Y 25 30 N N

 

Numbers in parenthesis refer to notes.

 

*The designations contained in this table do not constitute a Federal

determination that any use of land covered by the program is acceptable or

unacceptable under Federal, State, or local law. The responsibility for

determining the acceptable and permissible land uses and the relationship

between specific properties and specific noise contours rests with the local

authorities. FAA determinations under Part 150 are not intended to

substitute federally determined land uses for those determined to be

appropriate by local authorities in response to locally determined needs and

values in achieving noise compatible land uses.

 

Key to Table 1

 

SLUCM=Standard Land Use Coding Manual.

 

Y (YES)=Land Use and related structures compatible without

restrictions.

 

N (No)=Land Use and related structures are not compatible and should

be prohibited.

 

NLR=Noise Level Reduction (outdoor to indoor) to be achieved through

incorporation of noise attenuation into the design and construction of the

structure.

 

25, 30, or 35=Land use and related structures generally compatible;

measures to achieve NLR of 25, 30 or 35 dB must be incorporated into design

and construction of structure.

 

Notes for Table 1

 

(1) Where the community determines that residential or school uses

must be allowed, measures to achieve outdoor to indoor Noise Level Reduction

(NLR) of at least 25 dB and 30 dB should be incorporated into building codes

and be considered in individual approvals. Normal residential construction

can be expected to provide a NLR of 20 dB, thus, the reduction requirements

are often stated as 5, 10 or 15 dB over standard construction and normally

assume mechanical ventilation and closed windows year round. However, the

use of NLR criteria will not eliminate outdoor noise problems.

 

(2) Measures to achieve NLR of 25 dB must be incorporated into the

design and construction of portions of these buildings where the public is

received, office areas, noise sensitive areas or where the normal noise

level is low.

 

(3) Measures to achieve NLR of 30 dB must be incorporated into the

design and construction of portions of these buildings where the public is

received, office areas, noise sensitive areas or where the normal noise

level is low.

 

(4) Measures to achieve NLR of 35 dB must be incorporated into the

design and construction of portions of these buildings where the public is

received, office areas, noise sensitive areas or where the normal noise

level is low.

 

(5) Land use compatible provided special sound reinforcement systems

are installed.

 

(6) Residential buildings require an NLR of 25.

 

(7) Residential buildings require an NLR of 30.

 

(8) Residential buildings not permitted.

 

Sec. A150.103 Use of computer prediction model.

 

(a) The airport operator shall acquire the aviation operations data

necessary to develop noise exposure contours using an FAA approved

methodology or computer program, such as the Integrated Noise Model (INM)

for airports or the Heliport Noise Model (HNM) for heliports. In considering

approval of a methodology or computer program, key factors include the

demonstrated capability to produce the required output and the public

availability of the program or methodology to provide interested parties the

opportunity to substantiate the results.

 

(b) Except as provided in paragraph (c) of this section, the following

information must be obtained for input to the calculation of noise exposure

contours:

 

(1) A map of the airport and its environs at an adequately detailed

scale (not less than 1 inch to 8,000 feet) indicating runway length,

alignments, landing thresholds, takeoff start-of-roll points, airport

boundary, and flight tracks out to at least 30,000 feet from the end of each

runway.

 

(2) Airport activity levels and operational data which will indicate, on

an annual average-daily-basis, the number of aircraft, by type of aircraft,

which utilize each flight track, in both the standard daytime (0700-2200

hours local) and nighttime (2200-0700 hours local) periods for both landings

and takeoffs.

 

(3) For landings glide slopes, glide slope intercept altitudes, and

other pertinent information needed to establish approach profiles along with

the engine power levels needed to fly that approach profile.

 

(4) For takeoffs the flight profile which is the relationship of

altitude to distance from start-of-roll along with the engine power levels

needed to fly that takeoff profile; these data must reflect the use of noise

abatement departure procedures and, if applicable, the takeoff weight of the

aircraft or some proxy for weight such as stage length.

 

(5) Existing topographical or airspace restrictions which preclude the

utilization of alternative flight tracks.

 

(6) The government furnished data depicting aircraft noise

characteristics (if not already a part of the computer program's stored data

bank).

 

(7) Airport elevation and average temperature.

 

(c) For heliports, the map scale required by paragraph (b)(1) of this

section shall not be less than 1 inch to 2,000 feet and shall indicate

heliport boundaries, takeoff and landing pads, and typical flight tracks out

to at least 4,000 feet horizontally from the landing pad. Where these flight

tracks cannot be determined, obstructions or other limitations on flight

tracks in and out of the heliport shall be identified within the map areas

out to at least 4,000 feet horizontally from the landing pad. For static

operation (hover), the helicopter type, the number of daily operations based

on an annual average, and the duration in minutes of the hover operation

shall be identified. The other information required in paragraph (b) shall

be furnished in a form suitable for input to the HNM or other FAA approved

methodology or computer program.

 

Sec. A150.105 Identification of public agencies and planning agencies.

 

(a) The airport proprietor shall identify each public agency and

planning agency whose jurisdiction or responsibility is either wholly or

partially within the Ldn 65 dB boundary.

 

(b) For those agencies identified in (a) that have land use planning and

control authority, the supporting documentation shall identify their

geographic areas of jurisdiction.

 

 

 

PART C MATHEMATICAL DESCRIPTIONS

 

Sec. A150.201 General.

 

The following mathematical descriptions provide the most precise

definition of the yearly day-night average sound level (Ldn), the data

necessary for its calculation, and the methods for computing it.

 

Sec. A150.203 Symbols.

 

The following symbols are used in the computation of Ldn

 

Measure (in dB) Symbol

 

Average Sound Level, During Time T LT

 

Day-Night Average Sound Level Ldni

(individual day)

 

Annual Average Day-Night Sound Level Ldn

 

Sound Exposure Level LAE

 

Sec. A150.205 Mathematical computations.

 

(a) Average sound level must be computed in accordance with the

following formula:

 

[Image]

(1)

 

where T is the length of the time period, in seconds, during which the

average is taken; LA(t) is the instantaneous time varying A-weighted sound

level during the time period T.

 

(1) Note: When a noise environment is caused by a number of identifiable

noise events, such as aircraft flyovers, average sound level may be

conveniently calculated from the sound exposure levels of the individual

events occurring within a time period T:

 

[Image]

(2)

 

where LAEi is the sound exposure level of the i-th event, in a series of n

events in time period T, in seconds.

 

(2) Note: When T is one hour, LT is referred to as a one-hour average

sound level.

 

(b) Day-night average sound level (individual day) must be computed in

accordance with the following formula:

 

[Image] (3)

 

Time is in seconds, so the limits shown in hours and minutes are actually

interpreted in seconds. It is often convenient to compute day-night average

sound level from the one-hour average sound levels obtained during

successive hours.

 

(c) Yearly day-night average sound level must be computed in accordance

with the following formula:

 

[Image] (4)

 

where Ldni is the day-night average sound level for the i-th day out of one

year.

 

(d) Sound exposure level must be computed in accordance with the

following formula:

 

[Image] (5)

 

where to is one second and LA(t) is the time varying A-weighted sound level

in the time interval t1 to t2.

 

The time interval should be sufficiently large that it encompasses all

the significant sound of a designated event.

 

The requisite integral may be approximated with sufficient accuracy by

integrating LA(t) over the time interval during which LA(t) lies within 10

decibels of its maximum value, before and after the maximum occurs.

 

 

 

Appendix B to Part 150 Noise Compatibility Programs

 

Sec. B150.1 Scope and purpose.

 

Sec. B150.3 Requirement for noise map.

 

Sec. B150.5 Program standards.

 

Sec. B150.7 Analysis of program alternatives.

 

Sec. B150.9 Equivalent programs.

 

Sec. B150.1 Scope and purpose.

 

(a) This appendix prescribes the content and the methods for developing

noise compatibility programs authorized under this part. Each program must

set forth the measures which the airport operator (or other person or agency

responsible) has taken, or proposes to take, for the reduction of existing

noncompatible land uses and the prevention of the introduction of additional

noncompatible land uses within the area covered by the noise exposure map

submitted by the operator.

 

(b) The purpose of a noise compatibility program is:

 

(1) To promote a planning process through which the airport operator can

examine and analyze the noise impact created by the operation of an airport,

as well as the costs and benefits associated with various alternative noise

reduction techniques, and the responsible impacted land use control

jurisdictions can examine existing and forecast areas of noncompatibility

and consider actions to reduce noncompatible uses.

 

(2) To bring together through public participation, agency coordination,

and overall cooperation, all interested parties with their respective

authorities and obligations, thereby facilitating the creation of an agreed

upon noise abatement plan especially suited to the individual airport

location while at the same time not unduly affecting the national air

transportation system.

 

(3) To develop comprehensive and implementable noise reduction

techniques and land use controls which, to the maximum extent feasible, will

confine severe aircraft YDNL values of Ldn 75 dB or greater to areas

included within the airport boundary and will establish and maintain

compatible land uses in the areas affected by noise between the Ldn 65 and

75 dB contours.

 

Sec. B150.3 Requirement for noise map.

 

(a) It is required that a current and complete noise exposure map and

its supporting documentation as found in compliance with the applicable

requirements by the FAA, per 150.21(c) be included in each noise

compatibility program:

 

(1) To identify existing and future noncompatible land uses, based on

airport operation and off-airport land uses, which have generated the need

to develop a program.

 

(2) To identify changes in noncompatible uses to be derived from

proposed program measures.

 

(b) If the proposed noise compatibility program would yield maps

differing from those previously submitted to FAA, the program shall be

accompanied by appropriately revised maps. Such revisions must be prepared

in accordance with the requirements of Sec. A150.101(e) of Appendix A and

will be accepted by FAA in accordance with 150.35(f).

 

Sec. B150.5 Program standards.

 

Based upon the airport noise exposure and noncompatible land uses

identified in the map, the airport operator shall evaluate the several

alternative noise control actions and develop a noise compatibility program

which

 

(a) Reduces existing noncompatible uses and prevents or reduces the

probability of the establishment of additional noncompatible uses;

 

(b) Does not impose undue burden on interstate and foreign commerce;

 

(c) Provides for revision in accordance with 150.23 of this part.

 

(d) Is not unjustly discriminatory.

 

(e) Does not derogate safety or adversely affect the safe and efficient

use of airspace.

 

(f) To the extent practicable, meets both local needs and needs of the

national air transportation system, considering tradeoffs between economic

benefits derived from the airport and the noise impact.

 

(g) Can be implemented in a manner consistent with all of the powers and

duties of the Administrator of FAA.

 

Sec. B150.7 Analysis of program alternatives.

 

(a) Noise control alternatives must be considered and presented

according to the following categories:

 

(1) Noise abatement alternatives for which the airport operator has

adequate implementation authority.

 

(2) Noise abatement alternatives for which the requisite implementation

authority is vested in a local agency or political subdivision governing

body, or a state agency or political subdivision governing body.

 

(3) Noise abatement options for which requisite authority is vested in

the FAA or other Federal agency.

 

(b) At a minimum, the operator shall analyze and report on the following

alternatives, subject to the constraints that the strategies are appropriate

to the specific airport (for example, an evaluation of night curfew is not

appropriate if there are no night flights and none are forecast):

 

(1) Acquisition of land and interests therein, including, but not

limited to air rights, easements, and development rights, to ensure the use

of property for purposes which are compatible with airport operations.

 

(2) The construction of barriers and acoustical shielding, including the

soundproofing of public buildings.

 

(3) The implementation of a preferantial runway system.

 

(4 ) The use of flight procedures (including the modifications of flight

tracks) to control the operation of aircraft to reduce exposure of

individuals (or specific noise sensitive areas) to noise in the area around

the airport.

 

(5) The implementation of any restriction on the use of airport by any

type or class of aircraft based on the noise characteristics of those

aircraft. Such restrictions may include, but are not limited to

 

(i) Denial of the use of the airport to aircraft types or classes which

do not meet Federal noise standards;

 

(ii) Capacity limitations based on the relative noisiness of different

types of aircraft;

 

(iii) Requirement that aircraft using the airport must use noise

abatement takeoff or approach procedures previously approved as safe by the

FAA;

 

(iv) Landing fees based on FAA certificated or estimated noise emission

levels or on time of arrival; and

 

(v) Partial or complete curfews.

 

(6) Other actions or combinations of actions which would have a

beneficial noise control or abatement impact on the public.

 

(7) Other actions recommended for analysis by the FAA for the specific

airport.

 

(c) For those alternatives selected for implementation, the program must

identify the agency or agencies responsible for such implementation, whether

those agencies have agreed to the implementation, and the approximate

schedule agreed upon.

 

Sec. B150.9 Equivalent programs.

 

(a) Notwithstanding any other provision of this part, noise

compatibility programs prepared in connection with studies which were either

Federally funded or Federally approved and commenced before October 1, 1981,

are not required to be modified to contain the following items:

 

(1) Flight tracks.

 

(2) Noise contour of Ldn 70 dB resulting from aircraft operations and

data related to the Ldn 70 dB contour. When determinations on land use

compatibility using Table 1 of Appendix A differ between Ldn 65-70 dB and

Ldn 70-75 dB, the determinations should either use the more conservative Ldn

70-75 dB column or reflect determinations based on local needs and values.

 

(3) The categorization of alternatives pursuant to Sec. B150.7(a),

although the persons responsible for implementation of each measure in the

program must still be identified in accordance with 150.23(e)(8).

 

(4) Use of ambient noise to determine land use compatibility.

 

(b) Previously prepared noise compatibility program documentation may be

supplemented to include these and other program requirements which have not

been excepted.

 

END OF PART