793 

Federal Aviation Administration, DOT 

§ 161.103 

airport where the airport proprietor 
has formally initiated a regulatory or 
legislative process on or before October 
1, 1990; and 

(3) The authority of the Secretary of 

Transportation to seek and obtain such 
legal remedies as the Secretary con-
siders appropriate, including injunctive 
relief. 

§ 161.9 Designation of noise descrip-

tion methods. 

For purposes of this part, the fol-

lowing requirements apply: 

(a) The sound level at an airport and 

surrounding areas, and the exposure of 
individuals to noise resulting from op-
erations at an airport, must be estab-
lished in accordance with the specifica-
tions and methods prescribed under ap-
pendix A of 14 CFR part 150; and 

(b) Use of computer models to create 

noise contours must be in accordance 
with the criteria prescribed under ap-
pendix A of 14 CFR part 150. 

§ 161.11 Identification of land uses in 

airport noise study area. 

For the purposes of this part, uses of 

land that are normally compatible or 
noncompatible with various noise-ex-
posure levels to individuals around air-
ports must be identified in accordance 
with the criteria prescribed under ap-
pendix A of 14 CFR part 150. Deter-
mination of land use must be based on 
professional planning, zoning, and 
building and site design information 
and expertise. 

Subpart B—Agreements 

§ 161.101 Scope. 

(a) This subpart applies to an airport 

operator’s noise or access restriction 
on the operation of Stage 3 aircraft 
that is implemented pursuant to an 
agreement between an airport operator 
and all aircraft operators affected by 
the proposed restriction that are serv-
ing or will be serving such airport 
within 180 days of the date of the pro-
posed restriction. 

(b) For purposes of this subpart, an 

agreement shall be in writing and 
signed by: 

(1) The airport operator; 
(2) Those aircraft operators currently 

operating at the airport who would be 

affected by the noise or access restric-
tion; and 

(3) All new entrants that have sub-

mitted the information required under 
§ 161.105(a) of this part. 

(c) This subpart does not apply to re-

strictions exempted in § 161.7 of this 
part. 

(d) This subpart does not limit the 

right of an airport operator to enter 
into an agreement with one or more 
aircraft operators that restricts the op-
eration of Stage 2 or Stage 3 aircraft as 
long as the restriction is not enforced 
against aircraft operators that are not 
party to the agreement. Such an agree-
ment is not covered by this subpart ex-
cept that an aircraft operator may 
apply for sanctions pursuant to subpart 
F of this part for restrictions the air-
port operator seeks to impose other 
than those in the agreement. 

§ 161.103 Notice of the proposed re-

striction. 

(a) An airport operator may not im-

plement a Stage 3 restriction pursuant 
to an agreement with all affected air-
craft operators unless there has been 
public notice and an opportunity for 
comment as prescribed in this subpart. 

(b) In order to establish a restriction 

in accordance with this subpart, the 
airport operator shall, at least 45 days 
before implementing the restriction, 
publish a notice of the proposed re-
striction in an areawide newspaper or 
newspapers that either singly or to-
gether has general circulation through-
out the airport vicinity or airport 
noise study area, if one has been delin-
eated; post a notice in the airport in a 
prominent location accessible to air-
port users and the public; and directly 
notify in writing the following parties: 

(1) Aircraft operators providing 

scheduled passenger or cargo service at 
the airport; affected operators of air-
craft based at the airport; potential 
new entrants that are known to be in-
terested in serving the airport; and air-
craft operators known to be routinely 
providing non-scheduled service; 

(2) The Federal Aviation Administra-

tion; 

(3) Each Federal, state, and local 

agency with land use control jurisdic-
tion within the vicinity of the airport, 

794 

14 CFR Ch. I (1–1–24 Edition) 

§ 161.105 

or the airport noise study area, if one 
has been delineated; 

(4) Fixed-base operators and other 

airport tenants whose operations may 
be affected by the proposed restriction; 
and 

(5) Community groups and business 

organizations that are known to be in-
terested in the proposed restriction. 

(c) Each direct notice provided in ac-

cordance with paragraph (b) of this sec-
tion shall include: 

(1) The name of the airport and asso-

ciated cities and states; 

(2) A clear, concise description of the 

proposed restriction, including sanc-
tions for noncompliance and a state-
ment that it will be implemented pur-
suant to a signed agreement; 

(3) A brief discussion of the specific 

need for and goal of the proposed re-
striction; 

(4) Identification of the operators and 

the types of aircraft expected to be af-
fected; 

(5) The proposed effective date of the 

restriction and any proposed enforce-
ment mechanism; 

(6) An invitation to comment on the 

proposed restriction, with a minimum 
45-day comment period; 

(7) Information on how to request 

copies of the restriction portion of the 
agreement, including any sanctions for 
noncompliance; 

(8) A notice to potential new entrant 

aircraft operators that are known to be 
interested in serving the airport of the 
requirements set forth in § 161.105 of 
this part; and 

(9) Information on how to submit a 

new entrant application, comments, 
and the address for submitting applica-
tions and comments to the airport op-
erator, including identification of a 
contact person at the airport. 

(d) The Federal Aviation Administra-

tion will publish an announcement of 
the proposed restriction in the F

ED

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ERAL

R

EGISTER

. 

[Doc. No. 26432, 56 FR 48698, Sept. 25, 1991; 56 
FR 51258, Oct. 10, 1991] 

§ 161.105 Requirements for new en-

trants. 

(a) Within 45 days of the publication 

of the notice of a proposed restriction 
by the airport operator under 
§ 161.103(b) of this part, any person in-

tending to provide new air service to 
the airport within 180 days of the pro-
posed date of implementation of the re-
striction (as evidenced by submission 
of a plan of operations to the airport 
operator) must notify the airport oper-
ator if it would be affected by the re-
striction contained in the proposed 
agreement, and either that it— 

(1) Agrees to the restriction; or 
(2) Objects to the restriction. 
(b) Failure of any person described in 

§ 161.105(a) of this part to notify the air-
port operator that it objects to the pro-
posed restriction will constitute waiver 
of the right to claim that it did not 
consent to the agreement and render 
that person ineligible to use lack of 
signature as ground to apply for sanc-
tions under subpart F of this part for 
two years following the effective date 
of the restriction. The signature of 
such a person need not be obtained by 
the airport operator in order to comply 
with § 161.107(a) of this part. 

(c) All other new entrants are also in-

eligible to use lack of signature as 
ground to apply for sanctions under 
subpart F of this part for two years. 

§ 161.107 Implementation of the re-

striction. 

(a) To be eligible to implement a 

Stage 3 noise or access restriction 
under this subpart, an airport operator 
shall have the restriction contained in 
an agreement as defined in § 161.101(b) 
of this part. 

(b) An airport operator may not im-

plement a restriction pursuant to an 
agreement until the notice and com-
ment requirements of § 161.103 of this 
part have been met. 

(c) Each airport operator must notify 

the Federal Aviation Administration of 
the implementation of a restriction 
pursuant to an agreement and must in-
clude in the notice evidence of compli-
ance with § 161.103 and a copy of the 
signed agreement. 

§ 161.109 Notice of termination of re-

striction pursuant to an agreement. 

An airport operator must notify the 

FAA within 10 days of the date of ter-
mination of a restriction pursuant to 
an agreement under this subpart.