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 

798 

14 CFR Ch. I (1–1–24 Edition) 

§ 161.305 

prominent location accessible to air-
port users and the public; and directly 
notify in writing the following 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 (and any alter-
natives, in order of preference), includ-
ing a statement that it will be a man-
datory Stage 3 restriction; and where 
the complete text of the restriction, 
and any sanctions 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 

types of aircraft expected to be af-
fected; 

(5) The proposed effective date of the 

restriction, the proposed method of im-
plementation (e.g., city ordinance, air-
port rule, lease, or other document), 
and any proposed enforcement mecha-
nism; 

(6) An analysis of the proposed re-

striction, in accordance with § 161.305 of 
this part, or an announcement regard-
ing where the analysis is available for 
public inspection; 

(7) An invitation to comment on the 

proposed restriction and the analysis, 
with a minimum 45-day comment pe-
riod; 

(8) Information on how to request a 

copy of the complete text of the re-
striction, including any sanctions for 
noncompliance, and the analysis (if not 
included with the notice); and 

(9) The address for submitting com-

ments to the airport operator or air-
craft operator proposing the restric-
tion, including identification of a con-
tact person. 

(d) Applicants may propose alter-

native restrictions, including partial 
implementation of any proposal, and 
indicate an order of preference. If al-
ternative restriction proposals are sub-
mitted, the requirements listed in 
paragraphs (c)(2) through (c)(6) of this 
section should address the alternative 
proposals where appropriate. 

§ 161.305 Required analysis and condi-

tions for approval of proposed re-
strictions. 

Each applicant proposing a noise or 

access restriction on Stage 3 oper-
ations shall prepare and make avail-
able for public comment an analysis 
that supports, by substantial evidence, 
that the six statutory conditions for 
approval have been met for each re-
striction and any alternatives sub-
mitted. The statutory conditions are 
set forth in 49 U.S.C. App. 2153(d)(2) and 
paragraph (e) of this section. Any pro-
posed restriction (including alter-
natives) on Stage 3 aircraft operations 
that also affects the operation of Stage 
2 aircraft must include analysis of the 
proposals in a manner that permits the 
proposal to be understood in its en-
tirety. (Nothing in this section is in-
tended to add a requirement for the 
issuance of restrictions on Stage 2 air-
craft to those of subpart C of this part.) 
The applicant shall provide: 

(a) The complete text of the proposed 

restriction and any submitted alter-
natives, including the proposed word-
ing in a city ordinance, airport rule, 
lease, or other document, and any 
sanctions for noncompliance; 

(b) Maps denoting the airport geo-

graphic boundary, and the geographic 
boundaries and names of each jurisdic-
tion that controls land use within the 
airport noise study area; 

(c) An adequate environmental as-

sessment of the proposed restriction or