790
14 CFR Ch. I (1–1–24 Edition)
Pt. 161
9. Standards and specifications. It will
carry out the project in accordance with
FAA airport design, construction and equip-
ment standards and specifications contained
in advisory circulars current on the date of
project approval.
10. Recordkeeping and Audit. It will main-
tain an accounting record for audit purposes
for 3 years after physical and financial com-
pletion of the project. All records must sat-
isfy the requirements of 14 CFR part 158 and
contain documentary evidence for all items
of project costs.
11. Reports. It will submit reports in ac-
cordance with the requirements of 14 CFR
part 158, subpart D, and as the Administrator
may reasonably request.
12. Compliance with 49 U.S.C. 47523 through
47528. It understands 49 U.S.C. 47524 and 47526
require that the authority to impose a PFC
be terminated if the Administrator deter-
mines the public agency has failed to comply
with those sections of the United States
Code or with the implementing regulations
published under the Code.
[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158–2, 65 FR 34543, May 30,
2000; Amdt. 158–4, 72 FR 28851, May 23, 2007]
PART 161—NOTICE AND AP-
PROVAL OF AIRPORT NOISE AND
ACCESS RESTRICTIONS
Subpart A—General Provisions
Sec.
161.1
Purpose.
161.3
Applicability.
161.5
Definitions.
161.7
Limitations.
161.9
Designation of noise description meth-
ods.
161.11
Identification of land uses in airport
noise study area.
Subpart B—Agreements
161.101
Scope.
161.103
Notice of the proposed restriction.
161.105
Requirements for new entrants.
161.107
Implementation of the restriction.
161.109
Notice of termination of restriction
pursuant to an agreement.
161.111
Availability of data and comments
on a restriction implemented pursuant to
an agreement.
161.113
Effect of agreements; limitation on
reevaluation.
Subpart C—Notice Requirements for Stage
2 Restrictions
161.201
Scope.
161.203
Notice of proposed restriction.
161.205
Required analysis of proposed re-
striction and alternatives.
161.207
Comment by interested parties.
161.209
Requirements for proposal changes.
161.211
Optional use of 14 CFR part 150 pro-
cedures.
161.213
Notification of a decision not to im-
plement a restriction.
Subpart D—Notice, Review, and Approval
Requirements for Stage 3 Restrictions
161.301
Scope.
161.303
Notice of proposed restrictions.
161.305
Required analysis and conditions for
approval of proposed restrictions.
161.307
Comment by interested parties.
161.309
Requirements for proposal changes.
161.311
Application procedure for approval
of proposed restriction.
161.313
Review of application.
161.315
Receipt of complete application.
161.317
Approval or disapproval of proposed
restriction.
161.319
Withdrawal or revision of restric-
tion.
161.321
Optional use of 14 CFR part 150 pro-
cedures.
161.323
Notification of a decision not to im-
plement a restriction.
161.325
Availability of data and comments
on an implemented restriction.
Subpart E—Reevaluation of Stage 3
Restrictions
161.401
Scope.
161.403
Criteria for reevaluation.
161.405
Request for reevaluation.
161.407
Notice of reevaluation.
161.409
Required analysis by reevaluation
petitioner.
161.411
Comment by interested parties.
161.413
Reevaluation procedure.
161.415
Reevaluation action.
161.417
Notification of status of restrictions
and agreements not meeting conditions-
of-approval criteria.
Subpart F—Failure To Comply With This Part
161.501
Scope.
161.503
Informal resolution; notice of appar-
ent violation.
161.505
Notice of proposed termination of
airport grant funds and passenger facil-
ity charges.
A
UTHORITY
: 49 U.S.C. 106(g), 47523–47527,
47533.
S
OURCE
: Docket No. 26432, 56 FR 48698,
Sept. 25, 1991, unless otherwise noted.
Subpart A—General Provisions
§ 161.1 Purpose.
This part implements the Airport
Noise and Capacity Act of 1990 (49
791
Federal Aviation Administration, DOT
§ 161.5
U.S.C. App. 2153, 2154, 2155, and 2156). It
prescribes:
(a) Notice requirements and proce-
dures for airport operators imple-
menting Stage 3 aircraft noise and ac-
cess restrictions pursuant to agree-
ments between airport operators and
aircraft operators;
(b) Analysis and notice requirements
for airport operators proposing Stage 2
aircraft noise and access restrictions;
(c) Notice, review, and approval re-
quirements for airport operators pro-
posing Stage 3 aircraft noise and access
restrictions; and
(d) Procedures for Federal Aviation
Administration reevaluation of agree-
ments containing restrictions on Stage
3 aircraft operations and of aircraft
noise and access restrictions affecting
Stage 3 aircraft operations imposed by
airport operators.
§ 161.3 Applicability.
(a) This part applies to airports im-
posing restrictions on Stage 2 aircraft
operations proposed after October 1,
1990, and to airports imposing restric-
tions on Stage 3 aircraft operations
that became effective after October 1,
1990.
(b) This part also applies to airports
enacting amendments to airport noise
and access restrictions in effect on Oc-
tober 1, 1990, but amended after that
date, where the amendment reduces or
limits aircraft operations or affects
aircraft safety.
(c) The notice, review, and approval
requirements set forth in this part
apply to all airports imposing noise or
access restrictions as defined in § 161.5
of this part.
§ 161.5 Definitions.
For the purposes of this part, the fol-
lowing definitions apply:
Agreement
means a document in writ-
ing signed by the airport operator;
those aircraft operators currently oper-
ating at the airport that would be af-
fected by the noise or access restric-
tion; and all affected new entrants
planning to provide new air service
within 180 days of the effective date of
the restriction that have submitted to
the airport operator a plan of oper-
ations and notice of agreement to the
restriction.
Aircraft operator,
for purposes of this
part, means any owner of an aircraft
that operates the aircraft, i.e., uses,
causes to use, or authorizes the use of
the aircraft; or in the case of a leased
aircraft, any lessee that operates the
aircraft pursuant to a lease. As used in
this part, aircraft operator also means
any representative of the aircraft
owner, or in the case of a leased air-
craft, any representative of the lessee
empowered to enter into agreements
with the airport operator regarding use
of the airport by an aircraft.
Airport
means any area of land or
water, including any heliport, that is
used or intended to be used for the
landing and takeoff of aircraft, and any
appurtenant areas that are used or in-
tended to be used for airport buildings
or other airport facilities or rights-of-
way, together with all airport build-
ings and facilities located thereon.
Airport noise study area
means that
area surrounding the airport within
the noise contour selected by the appli-
cant for study and must include the
noise contours required to be developed
for noise exposure maps specified in 14
CFR part 150.
Airport operator
means the airport
proprietor.
Aviation user class
means the fol-
lowing categories of aircraft operators:
air carriers operating under parts 121
or 129 of this chapter; commuters and
other carriers operating under part 135
of this chapter; general aviation, mili-
tary, or government operations.
Day-night average sound level (DNL)
means the 24-hour average sound level,
in decibels, for the period from mid-
night 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 mid-
night, local time, as defined in 14 CFR
part 150. (The scientific notation for
DNL is L
dn
).
Noise or access restrictions
means re-
strictions (including but not limited to
provisions of ordinances and leases) af-
fecting access or noise that affect the
operations of Stage 2 or Stage 3 air-
craft, such as limits on the noise gen-
erated on either a single-event or cu-
mulative basis; a limit, direct or indi-
rect, on the total number of Stage 2 or
Stage 3 aircraft operations; a noise