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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;
796
14 CFR Ch. I (1–1–24 Edition)
§ 161.205
(5) The proposed effective date of the
restriction, the proposed method of im-
plementation (e.g., city ordinance, air-
port rule, lease), and any proposed en-
forcement mechanism;
(6) An analysis of the proposed re-
striction, as required by § 161.205 of this
subpart, or an announcement of where
the analysis is available for public in-
spection;
(7) An invitation to comment on the
proposed restriction and analysis, with
a minimum 45-day comment period;
(8) Information on how to request
copies of the complete text of the pro-
posed restriction, including any sanc-
tions for noncompliance, and the anal-
ysis (if not included with the notice);
and
(9) The address for submitting com-
ments to the airport operator, includ-
ing identification of a contact person
at the airport.
(d) At the time of notice, the airport
operator shall provide the FAA with a
full text of the proposed restriction, in-
cluding any sanctions for noncompli-
ance.
(e) The Federal Aviation Administra-
tion will publish an announcement of
the proposed Stage 2 restriction in the
F
EDERAL
R
EGISTER
.
§ 161.205 Required analysis of pro-
posed restriction and alternatives.
(a) Each airport operator proposing a
noise or access restriction on Stage 2
aircraft operations shall prepare the
following and make it available for
public comment:
(1) An analysis of the anticipated or
actual costs and benefits of the pro-
posed noise or access restriction;
(2) A description of alternative re-
strictions; and
(3) A description of the alternative
measures considered that do not in-
volve aircraft restrictions, and a com-
parison of the costs and benefits of
such alternative measures to costs and
benefits of the proposed noise or access
restriction.
(b) In preparing the analyses required
by this section, the airport operator
shall use the noise measurement sys-
tems and identify the airport noise
study area as specified in §§ 161.9 and
161.11, respectively; shall use currently
accepted economic methodology; and
shall provide separate detail on the
costs and benefits of the proposed re-
striction with respect to the operations
of Stage 2 aircraft weighing less than
75,000 pounds if the restriction applies
to this class. The airport operator shall
specify the methods used to analyze
the costs and benefits of the proposed
restriction and the alternatives.
(c) The kinds of information set forth
in § 161.305 are useful elements of an
adequate analysis of a noise or access
restriction on Stage 2 aircraft oper-
ations.
§ 161.207 Comment by interested par-
ties.
Each airport operator shall establish
a public docket or similar method for
receiving and considering comments,
and shall make comments available for
inspection by interested parties upon
request. Comments must be retained as
long as the restriction is in effect.
§ 161.209 Requirements for proposal
changes.
(a) Each airport operator shall
promptly advise interested parties of
any changes to a proposed restriction,
including changes that affect non-
compatible land uses, and make avail-
able any changes to the proposed re-
striction and its analysis. Interested
parties include those that received di-
rect notice under § 161.203(b), or those
that were required to be consulted in
accordance with the procedures in
§ 161.211 of this part, and those that
have commented on the proposed re-
striction.
(b) If there are substantial changes to
the proposed restriction or the analysis
during the 180-day notice period, the
airport operator shall initiate new no-
tice following the procedures in
§ 161.203 or, alternatively, the proce-
dures in § 161.211. A substantial change
includes, but is not limited to, a pro-
posal that would increase the burden
on any aviation user class.
(c) In addition to the information in
§ 161.203(c), new notice must indicate
that the airport operator is revising a
previous notice, provide the reason for
making the revision, and provide a new
effective date (if any) for the restric-
tion. The effective date of the restric-
tion must be at least 180 days after the