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,