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