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If the FAA has withdrawn all or part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rescinded.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
809
Federal Aviation Administration, DOT
§ 161.505
to defer implementation or enforce-
ment of its noise or access restriction
until completion of the process under
this subpart to determine compliance.
§ 161.505 Notice of proposed termi-
nation of airport grant funds and
passenger facility charges.
(a) The FAA begins proceedings
under this section to terminate an air-
port operator’s eligibility for airport
grant funds and authority to impose or
collect passenger facility charges only
if the FAA determines that informal
resolution is not successful.
(b) The following procedures shall
apply if an airport operator agrees in
writing, within 20 days of receipt of the
FAA’s notice of apparent violation
under § 161.503, to defer implementation
or enforcement of a noise or access re-
striction until completion of the proc-
ess under this subpart to determine
compliance.
(1) The FAA will issue a notice of
proposed termination to the airport op-
erator and publish notice of the pro-
posed action in the F
EDERAL
R
EGISTER
.
This notice will state the scope of the
proposed termination, the basis for the
proposed action, and the date for filing
written comments or objections by all
interested parties. This notice will also
identify any corrective action the air-
port operator can take to avoid further
proceedings. The due date for com-
ments and corrective action by the air-
port operator shall be specified in the
notice of proposed termination and
shall not be less than 60 days after pub-
lication of the notice.
(2) The FAA will review the com-
ments, statements, and data supplied
by the airport operator, and any other
available information, to determine if
the airport operator has provided satis-
factory evidence of compliance or has
taken satisfactory corrective action.
The FAA will consult with the airport
operator to attempt resolution and
may request additional information
from other parties to determine com-
pliance. The review and consultation
process shall take not less than 30
days. If the FAA finds satisfactory evi-
dence of compliance, the FAA will no-
tify the airport operator in writing and
publish notice of compliance in the
F
EDERAL
R
EGISTER
.
(3) If the FAA determines that the
airport operator has taken action to
impose a noise or access restriction in
violation of the Airport Noise and Ca-
pacity Act of 1990 or this part, the FAA
will notify the airport operator in writ-
ing of such determination. Where ap-
propriate, the FAA may prescribe cor-
rective action, including corrective ac-
tion the airport operator may still
need to take. Within 10 days of receipt
of the FAA’s determination, the air-
port operator shall—
(i) Advise the FAA in writing that it
will complete any corrective action
prescribed by the FAA within 30 days;
or
(ii) Provide the FAA with a list of
the domestic air carriers and foreign
air carriers operating at the airport
and all other issuing carriers, as de-
fined in § 158.3 of this chapter, that
have remitted passenger facility
charge revenue to the airport in the
preceding 12 months.
(4) If the FAA finds that the airport
operator has taken satisfactory correc-
tive action, the FAA will notify the
airport operator in writing and publish
notice of compliance in the F
EDERAL
R
EGISTER
. If the FAA has determined
that the airport operator has imposed a
noise or access restriction in violation
of the Airport Noise and Capacity Act
of 1990 or this part and satisfactory
corrective action has not been taken,
the FAA will issue an order that—
(i) Terminates eligibility for new air-
port grant agreements and discon-
tinues payments of airport grant funds,
including payments of costs incurred
prior to the notice; and
(ii) Terminates authority to impose
or collect a passenger facility charge
or, if the airport operator has not re-
ceived approval to impose a passenger
facility charge, advises the airport op-
erator that future applications for such
approval will be denied in accordance
with § 158.29(a)(1)(v) of this chapter.
(5) The FAA will publish notice of the
order in the F
EDERAL
R
EGISTER
and no-
tify air carriers of the FAA’s order and
actions to be taken to terminate or
modify collection of passenger facility
charges in accordance with § 158.85(f) of
this chapter.
(c) The following procedures shall
apply if an airport operator does not