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;