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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; 

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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