background image

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;