title-14-part-161-sec161-209

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

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.

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.

§ 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

797

Federal Aviation Administration, DOT

§ 161.303

date the new notice and revised anal-
ysis are made available for public com-
ment.

§ 161.211 Optional use of 14 CFR part

150 procedures.

(a) An airport operator may use the

procedures in part 150 of this chapter,
instead of the procedures described in
§§ 161.203(b) and 161.209(b), as a means of
providing an adequate public notice
and comment opportunity on a pro-
posed Stage 2 restriction.

(b) If the airport operator elects to

use 14 CFR part 150 procedures to com-
ply with this subpart, the operator
shall:

(1) Ensure that all parties identified

for direct notice under § 161.203(b) are
notified that the airport’s 14 CFR part
150 program will include a proposed
Stage 2 restriction under part 161, and
that these parties are offered the op-
portunity to participate as consulted
parties during the development of the
14 CFR part 150 program;

(2) Provide the FAA with a full text

of the proposed restriction, including
any sanctions for noncompliance, at
the time of the notice;

(3) Include the information in § 161.203

(c)(2) through (c)(5) and 161.205 in the
analysis of the proposed restriction for
the part 14 CFR part 150 program;

(4) Wait 180 days following the avail-

ability of the above analysis for review
by the consulted parties and compli-
ance with the above notice require-
ments before implementing the Stage 2
restriction; and

(5) Include in its 14 CFR part 150 sub-

mission to the FAA evidence of compli-
ance with paragraphs (b)(1) and (b)(4) of
this section, and the analysis in para-
graph (b)(3) of this section, together
with a clear identification that the 14
CFR part 150 program includes a pro-
posed Stage 2 restriction under part
161.

CFR part 150 submission does not con-
stitute approval or disapproval of the
proposed Stage 2 restriction under part
161.

(d) An amendment of a restriction

may also be processed under 14 CFR
part 150 procedures in accordance with
this section.

§ 161.213 Notification of a decision not

to implement a restriction.

If a proposed restriction has been

through the procedures prescribed in
this subpart and the restriction is not
subsequently implemented, the airport
operator shall so advise the interested
parties. Interested parties are de-
scribed in § 161.209(a).

Subpart D—Notice, Review, and

Approval Requirements for
Stage 3 Restrictions

§ 161.301 Scope.

(a) This subpart applies to:
(1) An airport imposing a noise or ac-

cess restriction on the operation of
Stage 3 aircraft that first became effec-
tive after October 1, 1990.

(2) An airport imposing an amend-

ment to a Stage 3 restriction, if the
amendment becomes effective after Oc-
tober 1, 1990, and reduces or limits
Stage 3 aircraft operations (compared
to the restriction that it amends) or af-
fects aircraft safety.

(b) This subpart does not apply to an

airport imposing a Stage 3 restriction
specifically exempted in § 161.7, or an
agreement complying with subpart B of
this part.

scope of this subpart may not become
effective unless it has been submitted
to and approved by the FAA. The FAA
will review only those Stage 3 restric-
tions that are proposed by, or on behalf
of, an entity empowered to implement
the restriction.

§ 161.303 Notice of proposed restric-

tions.

(a) Each airport operator or aircraft

operator (hereinafter referred to as ap-
plicant) proposing a Stage 3 restriction
shall provide public notice and an op-
portunity for public comment, as pre-
scribed in this subpart, before submit-
ting the restriction to the FAA for re-
view and approval.

(b) Except as provided in § 161.321, an

applicant shall publish a notice of the
proposed restriction in an areawide
newspaper or newspapers that either
singly or together has general circula-
tion throughout the airport noise study
area; post a notice in the airport in a