795
Federal Aviation Administration, DOT
§ 161.203
§ 161.111 Availability of data and com-
ments on a restriction implemented
pursuant to an agreement.
The airport operator shall retain all
relevant supporting data and all com-
ments relating to a restriction imple-
mented pursuant to an agreement for
as long as the restriction is in effect.
The airport operator shall make these
materials available for inspection upon
request by the FAA. The information
shall be made available for inspection
by any person during the pendency of
any petition for reevaluation found jus-
tified by the FAA.
§ 161.113 Effect of agreements; limita-
tion on reevaluation.
(a) Except as otherwise provided in
this subpart, a restriction implemented
by an airport operator pursuant to this
subpart shall have the same force and
effect as if it had been a restriction im-
plemented in accordance with subpart
D of this part.
(b) A restriction implemented by an
airport operator pursuant to this sub-
part may be subject to reevaluation by
the FAA under subpart E of this part.
Subpart C—Notice Requirements
for Stage 2 Restrictions
§ 161.201 Scope.
(a) This subpart applies to:
(1) An airport imposing a noise or ac-
cess restriction on the operation of
Stage 2 aircraft, but not Stage 3 air-
craft, proposed after October 1, 1990.
(2) An airport imposing an amend-
ment to a Stage 2 restriction, if the
amendment is proposed after October 1,
1990, and reduces or limits Stage 2 air-
craft operations (compared to the re-
striction that it amends) or affects air-
craft safety.
(b) This subpart does not apply to an
airport imposing a Stage 2 restriction
specifically exempted in § 161.7 or a
Stage 2 restriction contained in an
agreement as long as the restriction is
not enforced against aircraft operators
that are not parties to the agreement.
§ 161.203 Notice of proposed restric-
tion.
(a) An airport operator may not im-
plement a Stage 2 restriction within
the scope of § 161.201 unless the airport
operator provides an analysis of the
proposed restriction, prepared in ac-
cordance with § 161.205, and a public no-
tice and opportunity for comment as
prescribed in this subpart. The notice
and analysis required by this subpart
shall be completed at least 180 days
prior to the effective date of the re-
striction.
(b) Except as provided in § 161.211, an
airport operator must publish a notice
of the proposed restriction in an
areawide newspaper or newspapers that
either singly or together has general
circulation throughout the airport
noise study area; post a notice in the
airport in a prominent location acces-
sible to airport users and the public;
and directly notify in writing the fol-
lowing parties:
(1) Aircraft operators providing
scheduled passenger or cargo service at
the airport; operators of aircraft based
at the airport; potential new entrants
that are known to be interested in
serving the airport; and aircraft opera-
tors known to be routinely providing
nonscheduled service that may be af-
fected by the proposed restriction;
(2) The Federal Aviation Administra-
tion;
(3) Each Federal, state, and local
agency with land-use control jurisdic-
tion within the airport noise study
area;
(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 notice provided in accord-
ance with paragraph (b) of this section
shall include:
(1) The name of the airport and asso-
ciated cities and states;
(2) A clear, concise description of the
proposed restriction, including a state-
ment that it will be a mandatory Stage
2 restriction, and where the complete
text of the restriction, and any sanc-
tions for noncompliance, are available
for public inspection;
(3) A brief discussion of the specific
need for, and goal of, the restriction;
(4) Identification of the operators and
the types of aircraft expected to be af-
fected;