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 

808 

14 CFR Ch. I (1–1–24 Edition) 

§ 161.415 

the aircraft operator, airport operator, 
and others known to have information 
material to the reevaluation, and may 
convene an informal meeting to gather 
facts relevant to a reevaluation find-
ing. 

§ 161.415 Reevaluation action. 

(a) Upon completing the reevalua-

tion, the FAA will issue appropriate or-
ders regarding whether or not there is 
substantial evidence that the restric-
tion meets the criteria in § 161.305 of 
this part. 

(b) If the FAA’s reevaluation con-

firms that the restriction meets the 
criteria, the restriction may remain as 
previously agreed to or approved. If the 
FAA’s reevaluation concludes that the 
restriction does not meet the criteria, 
the FAA will withdraw a previous ap-
proval of the restriction issued under 
subpart D of this part to the extent 
necessary to bring the restriction into 
compliance with this part or, with re-
spect to a restriction agreed to under 
subpart B of this part, the FAA will 
specify which criteria are not met. 

(c) The FAA will publish a notice of 

its reevaluation findings in the F

ED

-

ERAL

R

EGISTER

and notify in writing 

the aircraft operator that petitioned 
the FAA for reevaluation and the af-
fected airport operator. 

§ 161.417 Notification of status of re-

strictions and agreements not meet-

ing conditions-of-approval criteria. 

If the FAA has withdrawn all or part 

of a previous approval made under sub-
part D of this part, the relevant por-
tion of the Stage 3 restriction must be 
rescinded. The operator of the affected 
airport shall notify the FAA of the op-
erator’s action with regard to a restric-
tion affecting Stage 3 aircraft oper-
ations that has been found not to meet 
the criteria of § 161.305. Restrictions in 
agreements determined by the FAA not 
to meet conditions for approval may 
not be enforced with respect to Stage 3 
aircraft operations. 

Subpart F—Failure To Comply With 

This Part 

§ 161.501 Scope. 

(a) This subpart describes the proce-

dures to terminate eligibility for air-

port grant funds and authority to im-
pose or collect passenger facility 
charges for an airport operator’s fail-
ure to comply with the Airport Noise 
and Capacity Act of 1990 (49 U.S.C. App. 
2151 

et seq.

) or this part. These proce-

dures may be used with or in addition 
to any judicial proceedings initiated by 
the FAA to protect the national avia-
tion system and related Federal inter-
ests. 

(b) Under no conditions shall any air-

port operator receive revenues under 
the provisions of the Airport and Air-
way Improvement Act of 1982 or impose 
or collect a passenger facility charge 
under section 1113(e) of the Federal 
Aviation Act of 1958 if the FAA deter-
mines that the airport is imposing any 
noise or access restriction not in com-
pliance with the Airport Noise and Ca-
pacity Act of 1990 or this part. Recision 
of, or a commitment in writing signed 
by an authorized official of the airport 
operator to rescind or permanently not 
enforce, a noncomplying restriction 
will be treated by the FAA as action 
restoring compliance with the Airport 
Noise and Capacity Act of 1990 or this 
part with respect to that restriction. 

§ 161.503 Informal resolution; notice of 

apparent violation. 

Prior to the initiation of formal ac-

tion to terminate eligibility for airport 
grant funds or authority to impose or 
collect passenger facility charges 
under this subpart, the FAA shall un-
dertake informal resolution with the 
airport operator to assure compliance 
with the Airport Noise and Capacity 
Act of 1990 or this part upon receipt of 
a complaint or other evidence that an 
airport operator has taken action to 
impose a noise or access restriction 
that appears to be in violation. This 
shall not preclude a FAA application 
for expedited judicial action for other 
than termination of airport grants and 
passenger facility charges to protect 
the national aviation system and vio-
lated federal interests. If informal res-
olution is not successful, the FAA will 
notify the airport operator in writing 
of the apparent violation. The airport 
operator shall respond to the notice in 
writing not later than 20 days after re-
ceipt of the notice, and also state 
whether the airport operator will agree