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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 

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805 

Federal Aviation Administration, DOT 

§ 161.405 

effect and shall make these materials 
available for inspection upon request 
by the FAA. This information shall be 
made available for inspection by any 
person during the pendency of any peti-
tion for reevaluation found justified by 
the FAA. 

Subpart E—Reevaluation of Stage 

3 Restrictions 

§ 161.401 Scope. 

This subpart applies to an airport im-

posing a noise or access restriction on 
the operation of Stage 3 aircraft that 
first became effective after October 1, 
1990, and had either been agreed to in 
compliance with the procedures in sub-
part B of this part or approved by the 
FAA in accordance with the procedures 
in subpart D of this part. This subpart 
does not apply to Stage 2 restrictions 
imposed by airports. This subpart does 
not apply to Stage 3 restrictions spe-
cifically exempted in § 161.7. 

§ 161.403 Criteria for reevaluation. 

(a) A request for reevaluation must 

be submitted by an aircraft operator. 

(b) An aircraft operator must dem-

onstrate to the satisfaction of the FAA 
that there has been a change in the 
noise environment of the affected air-
port and that a review and reevalua-
tion pursuant to the criteria in § 161.305 
is therefore justified. 

(1) A change in the noise environ-

ment sufficient to justify reevaluation 
is either a DNL change of 1.5 dB or 
greater (from the restriction’s antici-
pated target noise level result) over 
noncompatible land uses, or a change 
of 17 percent or greater in the non-
compatible land uses, within an airport 
noise study area. For approved restric-
tions, calculation of change shall be 
based on the divergence of actual noise 
impact of the restriction from the esti-
mated noise impact of the restriction 
predicted in the analysis required in 
§ 161.305(e)(2)(i)(A)(

1

)(

ii

). The change in 

the noise environment or in the non-
compatible land uses may be either an 
increase or decrease in noise or in non-
compatible land uses. An aircraft oper-
ator may submit to the FAA reasons 
why a change that does not fall within 
either of these parameters justifies re-
evaluation, and the FAA will consider 

such arguments on a case-by-case 
basis. 

(2) A change in the noise environ-

ment justifies reevaluation if the 
change is likely to result in the restric-
tion not meeting one or more of the 
conditions for approval set forth in 
§ 161.305 of this part for approval. The 
aircraft operator must demonstrate 
that such a result is likely to occur. 

(c) A reevaluation may not occur less 

than 2 years after the date of the FAA 
approval. The FAA will normally apply 
the same 2-year requirement to agree-
ments under subpart B of this part that 
affect Stage 3 aircraft operations. An 
aircraft operator may submit to the 
FAA reasons why an agreement under 
subpart B of this part should be re-
evaluated in less than 2 years, and the 
FAA will consider such arguments on a 
case-by-case basis. 

(d) An aircraft operator must dem-

onstrate that it has made a good faith 
attempt to resolve locally any dispute 
over a restriction with the affected 
parties, including the airport operator, 
before requesting reevaluation by the 
FAA. Such demonstration and certifi-
cation shall document all attempts of 
local dispute resolution. 

[Doc. No. 26432, 56 FR 48698, Sept. 25, 1991; 56 
FR 51258, Oct. 10, 1991] 

§ 161.405 Request for reevaluation. 

(a) A request for reevaluation sub-

mitted to the FAA by an aircraft oper-
ator must include the following infor-
mation: 

(1) The name of the airport and asso-

ciated cities and states; 

(2) A clear, concise description of the 

restriction and any sanctions for non-
compliance, whether the restriction 
was approved by the FAA or agreed to 
by the airport operator and aircraft op-
erators, the date of the approval or 
agreement, and a copy of the restric-
tion as incorporated in a local ordi-
nance, airport rule, lease, or other doc-
ument; 

(3) The quantified change in the noise 

environment using methodology speci-
fied in this part; 

(4) Evidence of the relationship be-

tween this change and the likelihood 
that the restriction does not meet one 
or more of the conditions in § 161.305;