803 

Federal Aviation Administration, DOT 

§ 161.317 

matter without prejudice to later ap-
plication and does not constitute dis-
approval of the proposed restriction. 

(4) If the applicant chooses to resub-

mit and supplement the application, 
the following procedures apply: 

(i) Upon receipt of the resubmitted 

application, the FAA determines 
whether the application, as supple-
mented, is complete as set forth in 
paragraph (a) of this section. 

(ii) If the application is complete, the 

procedures set forth in § 161.315 shall be 
followed. The 180-day review period 
starts on the date of receipt of the last 
supplement to the application. 

(iii) If the application is still not 

complete with respect to the proposed 
restriction or at least one submitted 
alternative, the FAA so advises the ap-
plicant as set forth in paragraph (c)(1) 
of this section and provides the appli-
cant with an additional opportunity to 
supplement the application as set forth 
in paragraph (c)(2) of this section. 

(iv) If the environmental documenta-

tion (either an environmental assess-
ment or information supporting a cat-
egorical exclusion) is incomplete, the 
FAA will so notify the applicant in 
writing, returning the application and 
setting forth the types of information 
and analysis needed to complete the 
documentation. The FAA will continue 
to return an application until adequate 
environmental documentation is pro-
vided. When the application is deter-
mined to be complete, including the 
environmental documentation, the 180- 
day period for approval or disapproval 
will begin upon receipt of the last sup-
plement to the application. 

(v) Following review of the applica-

tion and its supplements, public com-
ments, and any other information ob-
tained under § 161.317(b), the FAA will 
issue a decision approving or dis-
approving the application. This deci-
sion is a final decision of the Adminis-
trator for the purpose of judicial re-
view. 

(5) The FAA will deny the application 

and return it to the applicant if: 

(i) None of the proposals submitted 

are found to be complete; 

(ii) The application has been returned 

twice to the applicant for reasons other 
than completion of the environmental 
documentation; and 

(iii) The applicant declines to com-

plete the application. This closes the 
matter without prejudice to later ap-
plication, and does not constitute dis-
approval of the proposed restriction. 

§ 161.315 Receipt of complete applica-

tion. 

(a) When a complete application has 

been received, the FAA will notify the 
applicant by letter that the FAA in-
tends to act on the application. 

(b) The FAA will publish notice of 

the proposed restriction in the F

ED

-

ERAL

R

EGISTER

, inviting interested par-

ties to file comments on the applica-
tion within 30 days after publication of 
the F

EDERAL

R

EGISTER

notice. 

§ 161.317 Approval or disapproval of 

proposed restriction. 

(a) Upon determination that an appli-

cation is complete with respect to at 
least one of the proposals submitted by 
the applicant, the FAA will act upon 
the complete proposals in the applica-
tion. The FAA will not act on any pro-
posal for which the applicant has de-
clined to submit additional necessary 
information. 

(b) The FAA will review the appli-

cant’s proposals in the preference order 
specified by the applicant. The FAA 
may request additional information 
from aircraft operators, or any other 
party, and may convene an informal 
meeting to gather facts relevant to its 
determination. 

(c) The FAA will evaluate the pro-

posal and issue an order approving or 
disapproving the proposed restriction 
and any submitted alternatives, in 
whole or in part, in the order of pref-
erence indicated by the applicant. Once 
the FAA approves a proposed restric-
tion, the FAA will not consider any 
proposals of lower applicant-stated 
preference. Approval or disapproval 
will be given by the FAA within 180 
days after receipt of the application or 
last supplement thereto under § 161.313. 
The FAA will publish its decision in 
the F

EDERAL

R

EGISTER

and notify the 

applicant in writing. 

(d) The applicant’s failure to provide 

substantial evidence supporting the 
statutory conditions for approval of a 
particular proposal is grounds for dis-
approval of that proposed restriction. 

804 

14 CFR Ch. I (1–1–24 Edition) 

§ 161.319 

(e) The FAA will approve or dis-

approve only the Stage 3 aspects of a 
restriction if the restriction applies to 
both Stage 2 and Stage 3 aircraft oper-
ations. 

(f) An order approving a restriction 

may be subject to requirements that 
the applicant: 

(1) Comply with factual representa-

tions and commitments in support of 
the restriction; and 

(2) Ensure that any environmental 

mitigation actions or commitments by 
any party that are set forth in the en-
vironmental documentation provided 
in support of the restriction are imple-
mented. 

§ 161.319 Withdrawal or revision of re-

striction. 

(a) The applicant may withdraw or 

revise a proposed restriction at any 
time prior to FAA approval or dis-
approval, and must do so if substantial 
changes are made as described in 
§ 161.309. The applicant shall notify the 
FAA in writing of a decision to with-
draw the proposed restriction for any 
reason. The FAA will publish a notice 
in the F

EDERAL

R

EGISTER

that it has 

terminated its review without preju-
dice to resubmission. A resubmission 
will be considered a new application. 

(b) A subsequent amendment to a 

Stage 3 restriction that was in effect 
after October 1, 1990, or an amendment 
to a Stage 3 restriction previously ap-
proved by the FAA, is subject to the 
procedures in this subpart if the 
amendment will further reduce or limit 
aircraft operations or affect aircraft 
safety. The applicant may, at its op-
tion, revise or amend a restriction pre-
viously disapproved by the FAA and re-
submit it for approval. Amendments 
are subject to the same requirements 
and procedures as initial submissions. 

§ 161.321 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 
§§ 161.303(b) and 161.309(b) of this part, 
as a means of providing an adequate 
public notice and opportunity to com-
ment on proposed Stage 3 restrictions, 
including submitted alternatives. 

(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 § 161.303(b) are 
notified that the airport’s 14 CFR part 
150 program submission will include a 
proposed Stage 3 restriction under part 
161, and that these parties are offered 
the opportunity to participate as con-
sulted parties during the development 
of the 14 CFR part 150 program; 

(2) Include the information required 

in § 161.303(c) (2) through (5) and § 161.305 
in the analysis of the proposed restric-
tion in the 14 CFR part 150 program 
submission; and 

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

mission to the FAA evidence of compli-
ance with the notice requirements in 
paragraph (b)(1) of this section and in-
clude the information required for a 
part 161 application in § 161.311, to-
gether with a clear identification that 
the 14 CFR part 150 submission in-
cludes a proposed Stage 3 restriction 
for FAA review and approval under 
§§ 161.313, 161.315, and 161.317. 

(c) The FAA will evaluate the pro-

posed part 161 restriction on Stage 3 
aircraft operations included in the 14 
CFR part 150 submission in accordance 
with the procedures and standards of 
this part, and will review the total 14 
CFR part 150 submission in accordance 
with the procedures and standards of 14 
CFR part 150. 

(d) An amendment of a restriction, as 

specified in § 161.319(b) of this part, may 
also be processed under 14 CFR part 150 
procedures. 

§ 161.323 Notification of a decision not 

to implement a restriction. 

If a Stage 3 restriction has been ap-

proved by the FAA and the restriction 
is not subsequently implemented, the 
applicant shall so advise the interested 
parties specified in § 161.309(a) of this 
part. 

§ 161.325 Availability of data and com-

ments on an implemented restric-

tion. 

The applicant shall retain all rel-

evant supporting data and all com-
ments relating to an approved restric-
tion for as long as the restriction is in