title-14-part-161-sec161-409

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.

807

Federal Aviation Administration, DOT

§ 161.413

(b) The aircraft operator’s analysis

shall be made available for public re-
view under the procedures in § 161.407
and shall include the following:

(1) A copy of the restriction or the

language of the agreement as incor-
porated in a local ordinance, airport
rule, lease, or other document;

(2) 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 to
the restriction;

(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;
and

(5) Sufficient data and analysis se-

lected from § 161.305, as applicable to
the restriction at issue, to support the
contention made in paragraph (b)(4) of
this section. This is to include either
an adequate environmental assessment
of the impacts of discontinuing all or
part of a restriction in accordance with
the aircraft operator’s petition, or ade-
quate information supporting a cat-
egorical exclusion under FAA orders
implementing the National Environ-
mental Policy Act of 1969 (42 U.S.C.
4321).

with the complexity of the restriction,
the number and nature of the condi-
tions in § 161.305 that are alleged to be
unsupported, and the amount of pre-
vious analysis developed in support of
the restriction. The aircraft operator
may incorporate analysis previously
developed in support of the restriction,
including previous environmental doc-
umentation to the extent applicable.
The applicant is responsible for pro-
viding substantial evidence, as de-
scribed in § 161.305, that one or more of
the conditions are not supported.

§ 161.411 Comment by interested par-

ties.

(a) Each aircraft operator requesting

a reevaluation shall establish a docket
or similar method for receiving and
considering comments and shall make
comments available for inspection to

interested parties specified in para-
graph (b) of this section upon request.
Comments must be retained for two
years.

(b) Each aircraft operator shall

promptly notify interested parties if it
makes a substantial change in its anal-
ysis that affects either the costs or
benefits analyzed, or the criteria in
§ 161.305, differently from the analysis
made available for comment in accord-
ance with § 161.407. Interested parties
include those who received direct no-
tice under paragraph (a) of § 161.407 and
those who have commented on the re-
evaluation. If an aircraft operator re-
vises its analysis, it shall make the re-
vised analysis available to an inter-
ested party upon request and shall ex-
tend the comment period at least 45
days from the date the revised analysis
is made available.

§ 161.413 Reevaluation procedure.

(a) Each aircraft operator requesting

a reevaluation shall submit to the
FAA:

(1) The analysis described in § 161.409;
(2) Evidence that the public review

process was carried out in accordance
with §§ 161.407 and 161.411, including the
aircraft operator’s summary of the
comments received; and

(3) A request that the FAA complete

a reevaluation of the restriction and
issue findings.

(b) Following confirmation by the

FAA that the aircraft operator’s docu-
mentation is complete according to the
requirements of this subpart, the FAA
will publish a notice of reevaluation in
the F

EDERAL

EGISTER

and provide for

a 45-day comment period during which
interested parties may submit com-
ments to the FAA. The FAA will spe-
cifically solicit comments from the af-
fected airport operator and affected
local governments. A submission that
is not complete will be returned to the
aircraft operator with a letter indi-
cating the deficiency, and no notice
will be published. No further action
will be taken by the FAA until a com-
plete submission is received.

mitted documentation and comments
pursuant to the conditions of § 161.305.
To the extent necessary, the FAA may
request additional information from