title-14-part-161-sec161-407

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.

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.