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
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;