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). 

(c) The amount of analysis may vary 

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

R

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. 

(c) The FAA will review all sub-

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