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).
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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