792 

14 CFR Ch. I (1–1–24 Edition) 

§ 161.7 

budget or noise allocation program 
that includes Stage 2 or Stage 3 air-
craft; a restriction imposing limits on 
hours of operations; a program of air-
port-use charges that has the direct or 
indirect effect of controlling airport 
noise; and any other limit on Stage 2 
or Stage 3 aircraft that has the effect 
of controlling airport noise. This defi-
nition does not include peak-period 
pricing programs where the objective is 
to align the number of aircraft oper-
ations with airport capacity. 

Stage 2 aircraft 

means an aircraft that 

has been shown to comply with the 
Stage 2 requirements under 14 CFR 
part 36. 

Stage 3 aircraft 

means an aircraft that 

has been shown to comply with the 
Stage 3 requirements under 14 CFR 
part 36. 

[Doc. No. 26432, 56 FR 48698, Sept. 25, 1991, as 
amended by Amdt. 161–2, 66 FR 21067, Apr. 27, 
2001] 

§ 161.7 Limitations. 

(a) Aircraft operational procedures 

that must be submitted for adoption by 
the FAA, such as preferential runway 
use, noise abatement approach and de-
parture procedures and profiles, and 
flight tracks, are not subject to this 
part. Other noise abatement proce-
dures, such as taxiing and engine 
runups, are not subject to this part un-
less the procedures imposed limit the 
total number of Stage 2 or Stage 3 air-
craft operations, or limit the hours of 
Stage 2 or Stage 3 aircraft operations, 
at the airport. 

(b) The notice, review, and approval 

requirements set forth in this part do 
not apply to airports with restrictions 
as specified in 49 U.S.C. App. 
2153(a)(2)(C): 

(1) A local action to enforce a nego-

tiated or executed airport aircraft 
noise or access agreement between the 
airport operator and the aircraft oper-
ator in effect on November 5, 1990. 

(2) A local action to enforce a nego-

tiated or executed airport aircraft 
noise or access restriction the airport 
operator and the aircraft operators 
agreed to before November 5, 1990. 

(3) An intergovernmental agreement 

including airport aircraft noise or ac-
cess restriction in effect on November 
5, 1990. 

(4) A subsequent amendment to an 

airport aircraft noise or access agree-
ment or restriction in effect on Novem-
ber 5, 1990, where the amendment does 
not reduce or limit aircraft operations 
or affect aircraft safety. 

(5) A restriction that was adopted by 

an airport operator on or before Octo-
ber 1, 1990, and that was stayed as of 
October 1, 1990, by a court order or as 
a result of litigation, if such restric-
tion, or a part thereof, is subsequently 
allowed by a court to take effect. 

(6) In any case in which a restriction 

described in paragraph (b)(5) of this 
section is either partially or totally 
disallowed by a court, any new restric-
tion imposed by an airport operator to 
replace such disallowed restriction, if 
such new restriction would not pro-
hibit aircraft operations in effect on 
November 5, 1990. 

(7) A local action that represents the 

adoption of the final portion of a pro-
gram of a staged airport aircraft noise 
or access restriction, where the initial 
portion of such program was adopted 
during calendar year 1988 and was in ef-
fect on November 5, 1990. 

(c) The notice, review, and approval 

requirements of subpart D of this part 
with regard to Stage 3 aircraft restric-
tions do not apply if the FAA has, prior 
to November 5, 1990, formed a working 
group (outside of the process estab-
lished by 14 CFR part 150) with a local 
airport operator to examine the noise 
impact of air traffic control procedure 
changes. In any case in which an agree-
ment relating to noise reductions at 
such airport is then entered into be-
tween the airport proprietor and an air 
carrier or air carrier constituting a 
majority of the air carrier users of 
such airport, the requirements of sub-
parts B and D of this part with respect 
to restrictions on Stage 3 aircraft oper-
ations do apply to local actions to en-
force such agreements. 

(d) Except to the extent required by 

the application of the provisions of the 
Act, nothing in this part eliminates, 
invalidates, or supersedes the fol-
lowing: 

(1) Existing law with respect to air-

port noise or access restrictions by 
local authorities; 

(2) Any proposed airport noise or ac-

cess regulation at a general aviation 

793 

Federal Aviation Administration, DOT 

§ 161.103 

airport where the airport proprietor 
has formally initiated a regulatory or 
legislative process on or before October 
1, 1990; and 

(3) The authority of the Secretary of 

Transportation to seek and obtain such 
legal remedies as the Secretary con-
siders appropriate, including injunctive 
relief. 

§ 161.9 Designation of noise descrip-

tion methods. 

For purposes of this part, the fol-

lowing requirements apply: 

(a) The sound level at an airport and 

surrounding areas, and the exposure of 
individuals to noise resulting from op-
erations at an airport, must be estab-
lished in accordance with the specifica-
tions and methods prescribed under ap-
pendix A of 14 CFR part 150; and 

(b) Use of computer models to create 

noise contours must be in accordance 
with the criteria prescribed under ap-
pendix A of 14 CFR part 150. 

§ 161.11 Identification of land uses in 

airport noise study area. 

For the purposes of this part, uses of 

land that are normally compatible or 
noncompatible with various noise-ex-
posure levels to individuals around air-
ports must be identified in accordance 
with the criteria prescribed under ap-
pendix A of 14 CFR part 150. Deter-
mination of land use must be based on 
professional planning, zoning, and 
building and site design information 
and expertise. 

Subpart B—Agreements 

§ 161.101 Scope. 

(a) This subpart applies to an airport 

operator’s noise or access restriction 
on the operation of Stage 3 aircraft 
that is implemented pursuant to an 
agreement between an airport operator 
and all aircraft operators affected by 
the proposed restriction that are serv-
ing or will be serving such airport 
within 180 days of the date of the pro-
posed restriction. 

(b) For purposes of this subpart, an 

agreement shall be in writing and 
signed by: 

(1) The airport operator; 
(2) Those aircraft operators currently 

operating at the airport who would be 

affected by the noise or access restric-
tion; and 

(3) All new entrants that have sub-

mitted the information required under 
§ 161.105(a) of this part. 

(c) This subpart does not apply to re-

strictions exempted in § 161.7 of this 
part. 

(d) This subpart does not limit the 

right of an airport operator to enter 
into an agreement with one or more 
aircraft operators that restricts the op-
eration of Stage 2 or Stage 3 aircraft as 
long as the restriction is not enforced 
against aircraft operators that are not 
party to the agreement. Such an agree-
ment is not covered by this subpart ex-
cept that an aircraft operator may 
apply for sanctions pursuant to subpart 
F of this part for restrictions the air-
port operator seeks to impose other 
than those in the agreement. 

§ 161.103 Notice of the proposed re-

striction. 

(a) An airport operator may not im-

plement a Stage 3 restriction pursuant 
to an agreement with all affected air-
craft operators unless there has been 
public notice and an opportunity for 
comment as prescribed in this subpart. 

(b) In order to establish a restriction 

in accordance with this subpart, the 
airport operator shall, at least 45 days 
before implementing the restriction, 
publish a notice of the proposed re-
striction in an areawide newspaper or 
newspapers that either singly or to-
gether has general circulation through-
out the airport vicinity or airport 
noise study area, if one has been delin-
eated; post a notice in the airport in a 
prominent location accessible to air-
port users and the public; and directly 
notify in writing the following parties: 

(1) Aircraft operators providing 

scheduled passenger or cargo service at 
the airport; affected operators of air-
craft based at the airport; potential 
new entrants that are known to be in-
terested in serving the airport; and air-
craft 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 vicinity of the airport,