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.
(c) The FAA determination on the 14
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.
(c) A Stage 3 restriction within the
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