801 

Federal Aviation Administration, DOT 

§ 161.309 

(

4

) Evidence that alternative trans-

portation service can be attained 
through other means of transportation. 

(

5

) Information on the absence of ad-

verse evidence or adverse comments 
with respect to undue burden in the no-
tice process required in § 161.303, or al-
ternatively in § 161.321, of this part as 
evidence that there is no undue burden. 

(iii) 

Condition 3: The proposed restric-

tion maintains safe and efficient use of 
the navigable airspace. 

Essential infor-

mation needed to demonstrate this 
statutory condition includes evidence 
that the proposed restriction main-
tains safe and efficient use of the navi-
gable airspace based upon: 

(A) Identification of airspace and ob-

stacles to navigation in the vicinity of 
the airport; and 

(B) An analysis of the effects of the 

proposed restriction with respect to 
use of airspace in the vicinity of the 
airport, substantiating that the re-
striction maintains or enhances safe 
and efficient use of the navigable air-
space. The analysis shall include a de-
scription of the methods and data used. 

(iv) 

Condition 4: The proposed restric-

tion does not conflict with any existing 
Federal statute or regulation. 

Essential 

information needed to demonstrate 
this condition includes evidence dem-
onstrating that no conflict is presented 
between the proposed restriction and 
any existing Federal statute or regula-
tion, including those governing: 

(A) Exclusive rights; 
(B) Control of aircraft operations; 

and 

(C) Existing Federal grant agree-

ments. 

(v) 

Condition 5: The applicant has pro-

vided adequate opportunity for public 
comment on the proposed restriction. 

Es-

sential information needed to dem-
onstrate this condition includes evi-
dence that there has been adequate op-
portunity for public comment on the 
restriction as specified in § 161.303 or 
§ 161.321 of this part. 

(vi) 

Condition 6: The proposed restric-

tion does not create an undue burden on 
the national aviation system. 

Essential 

information needed to demonstrate 
this condition includes evidence that 
the proposed restriction does not cre-
ate an undue burden on the national 
aviation system such as: 

(A) An analysis demonstrating that 

the proposed restriction does not have 
a substantial adverse effect on existing 
or planned airport system capacity, on 
observed or forecast airport system 
congestion and aircraft delay, and on 
airspace system capacity or workload; 

(B) An analysis demonstrating that 

nonaircraft alternative measures to 
achieve the same goals as the proposed 
subject restrictions are inappropriate; 

(C) The absence of comments with re-

spect to imposition of an undue burden 
on the national aviation system in re-
sponse to the notice required in 
§ 161.303 or § 161.321. 

§ 161.307 Comment by interested par-

ties. 

(a) Each applicant proposing a re-

striction shall establish a public dock-
et or similar method for receiving and 
considering comments, and shall make 
comments available for inspection by 
interested parties upon request. Com-
ments must be retained as long as the 
restriction is in effect. 

(b) Each applicant shall submit to 

the FAA a summary of any comments 
received. Upon request by the FAA, the 
applicant shall submit copies of the 
comments. 

§ 161.309 Requirements for proposal 

changes. 

(a) Each applicant shall promptly ad-

vise interested parties of any changes 
to a proposed restriction or alternative 
restriction that are not encompassed in 
the proposals submitted, including 
changes that affect noncompatible land 
uses or that take place before the effec-
tive date of the restriction, and make 
available these changes to the proposed 
restriction and its analysis. For the 
purpose of this paragraph, interested 
parties include those who received di-
rect notice under § 161.303(b) of this 
part, or those who were required to be 
consulted in accordance with the pro-
cedures in § 161.321 of this part, and 
those who commented on the proposed 
restriction. 

(b) If there are substantial changes to 

a proposed restriction or the analysis 
made available prior to the effective 
date of the restriction, the applicant 
proposing the restriction shall initiate 

802 

14 CFR Ch. I (1–1–24 Edition) 

§ 161.311 

new notice in accordance with the pro-
cedures in § 161.303 or, alternatively, 
the procedures in § 161.321. These re-
quirements apply to substantial 
changes that are not encompassed in 
submitted alternative restriction pro-
posals and their analyses. A substan-
tial change to a restriction includes, 
but is not limited to, any proposal that 
would increase the burden on any avia-
tion user class. 

(c) In addition to the information in 

§ 161.303(c), a new notice must indicate 
that the applicant is revising a pre-
vious notice, provide the reason for 
making the revision, and provide a new 
effective date (if any) for the restric-
tion. 

(d) If substantial changes requiring a 

new notice are made during the FAA’s 
180-day review of the proposed restric-
tion, the applicant submitting the pro-
posed restriction shall notify the FAA 
in writing that it is withdrawing its 
proposal from the review process until 
it has completed additional analysis, 
public review, and documentation of 
the public review. Resubmission to the 
FAA will restart the 180-day review. 

§ 161.311 Application procedure for ap-

proval of proposed restriction. 

Each applicant proposing a Stage 3 

restriction shall submit to the FAA the 
following information for each restric-
tion and alternative restriction sub-
mitted, with a request that the FAA 
review and approve the proposed Stage 
3 noise or access restriction: 

(a) A summary of evidence of the ful-

fillment of conditions for approval, as 
specified in § 161.305; 

(b) An analysis as specified in 

§ 161.305, as appropriate to the proposed 
restriction; 

(c) A statement that the entity sub-

mitting the proposal is the party em-
powered to implement the restriction, 
or is submitting the proposal on behalf 
of such party; and 

(d) A statement as to whether the 

airport requests, in the event of dis-
approval of the proposed restriction or 
any alternatives, that the FAA approve 
any portion of the restriction or any 
alternative that meets the statutory 
requirements for approval. An appli-
cant requesting partial approval of any 
proposal should indicate its priorities 

as to portions of the proposal to be ap-
proved. 

§ 161.313 Review of application. 

(a) 

Determination of completeness. 

The 

FAA, within 30 days of receipt of an ap-
plication, will determine whether the 
application is complete in accordance 
with § 161.311. Determinations of com-
pleteness will be made on all proposed 
restrictions and alternatives. This 
completeness determination is not an 
approval or disapproval of the proposed 
restriction. 

(b) 

Process for complete application. 

When the FAA determines that a com-
plete application has been submitted, 
the following procedures apply: 

(1) The FAA notifies the applicant 

that it intends to act on the proposed 
restriction and publishes notice of the 
proposed restriction in the F

EDERAL

 

R

EGISTER

in accordance with § 161.315. 

The 180-day period for approving or dis-
approving the proposed restriction will 
start on the date of original FAA re-
ceipt of the application. 

(2) Following review of the applica-

tion, public comments, and any other 
information obtained under § 161.317(b), 
the FAA will issue a decision approving 
or disapproving the proposed restric-
tion. This decision is a final decision of 
the Administrator for purpose of judi-
cial review. 

(c) 

Process for incomplete application. 

If the FAA determines that an applica-
tion is not complete with respect to 
any submitted restriction or alter-
native restriction, the following proce-
dures apply: 

(1) The FAA shall notify the appli-

cant in writing, returning the applica-
tion and setting forth the type of infor-
mation and analysis needed to com-
plete the application in accordance 
with § 161.311. 

(2) Within 30 days after the receipt of 

this notice, the applicant shall advise 
the FAA in writing whether or not it 
intends to resubmit and supplement its 
application. 

(3) If the applicant does not respond 

in 30 days, or advises the FAA that it 
does not intend to resubmit and/or sup-
plement the application, the applica-
tion will be denied. This closes the