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; 

806 

14 CFR Ch. I (1–1–24 Edition) 

§ 161.407 

(5) The aircraft operator’s status 

under the restriction (e.g., currently 
affected operator, potential new en-
trant) and an explanation of the air-
craft operator’s specific objection; and 

(6) A description and evidence of the 

aircraft operator’s attempt to resolve 
the dispute locally with the affected 
parties, including the airport operator. 

(b) The FAA will evaluate the air-

craft operator’s submission and deter-
mine whether or not a reevaluation is 
justified. The FAA may request addi-
tional information from the airport op-
erator or any other party and may con-
vene an informal meeting to gather 
facts relevant to its determination. 

(c) The FAA will notify the aircraft 

operator in writing, with a copy to the 
affected airport operator, of its deter-
mination. 

(1) If the FAA determines that a re-

evaluation is not justified, it will indi-
cate the reasons for this decision. 

(2) If the FAA determines that a re-

evaluation is justified, the aircraft op-
erator will be notified to complete its 
analysis and to begin the public notice 
procedure, as set forth in this subpart. 

§ 161.407 Notice of reevaluation. 

(a) After receiving an FAA deter-

mination that a reevaluation is justi-
fied, an aircraft operator desiring con-
tinuation of the reevaluation process 
shall publish a notice of request for re-
evaluation in an areawide newspaper or 
newspapers that either singly or to-
gether has general circulation through-
out the airport noise study area (or the 
airport vicinity for agreements where 
an airport noise study area has not 
been delineated); post a notice in the 
airport in a prominent location acces-
sible to airport users and the public; 
and directly notify in writing the fol-
lowing parties: 

(1) The airport operator, other air-

craft operators providing scheduled 
passenger or cargo service at the air-
port, operators of aircraft based at the 
airport, potential new entrants that 
are known to be interested in serving 
the airport, and aircraft operators 
known to be routinely providing non-
scheduled service; 

(2) The Federal Aviation Administra-

tion; 

(3) Each Federal, State, and local 

agency with land-use control jurisdic-
tion within the airport noise study 
area (or the airport vicinity for agree-
ments where an airport noise study 
area has not been delineated); 

(4) Fixed-base operators and other 

airport tenants whose operations may 
be affected by the agreement or the re-
striction; 

(5) Community groups and business 

organizations that are known to be in-
terested in the restriction; and 

(6) Any other party that commented 

on the original restriction. 

(b) Each notice provided in accord-

ance with paragraph (a) of this section 
shall include: 

(1) The name of the airport and asso-

ciated cities and states; 

(2) A clear, concise description of the 

restriction, including whether the re-
striction was approved by the FAA or 
agreed to by the airport operator and 
aircraft operators, and the date of the 
approval or agreement; 

(3) The name of the aircraft operator 

requesting a reevaluation, and a state-
ment that a reevaluation has been re-
quested and that the FAA has deter-
mined that a reevaluation is justified; 

(4) A brief discussion of the reasons 

why a reevaluation is justified; 

(5) An analysis prepared in accord-

ance with § 161.409 of this part sup-
porting the aircraft operator’s reevalu-
ation request, or an announcement of 
where the analysis is available for pub-
lic inspection; 

(6) An invitation to comment on the 

analysis supporting the proposed re-
evaluation, with a minimum 45-day 
comment period; 

(7) Information on how to request a 

copy of the analysis (if not in the no-
tice); and 

(8) The address for submitting com-

ments to the aircraft operator, includ-
ing identification of a contact person. 

§ 161.409 Required analysis by reevalu-

ation petitioner. 

(a) An aircraft operator that has pe-

titioned the FAA to reevaluate a re-
striction shall assume the burden of 
analysis for the reevaluation.