title-14-part-161

790

14 CFR Ch. I (1–1–24 Edition)

Pt. 161

9. Standards and specifications. It will

carry out the project in accordance with
FAA airport design, construction and equip-
ment standards and specifications contained
in advisory circulars current on the date of
project approval.

10. Recordkeeping and Audit. It will main-

tain an accounting record for audit purposes
for 3 years after physical and financial com-
pletion of the project. All records must sat-
isfy the requirements of 14 CFR part 158 and
contain documentary evidence for all items
of project costs.

11. Reports. It will submit reports in ac-

cordance with the requirements of 14 CFR
part 158, subpart D, and as the Administrator
may reasonably request.

12. Compliance with 49 U.S.C. 47523 through

47528. It understands 49 U.S.C. 47524 and 47526
require that the authority to impose a PFC
be terminated if the Administrator deter-
mines the public agency has failed to comply
with those sections of the United States
Code or with the implementing regulations
published under the Code.

[Doc. No. 26385, 56 FR 24278, May 29, 1991, as
amended by Amdt. 158–2, 65 FR 34543, May 30,
2000; Amdt. 158–4, 72 FR 28851, May 23, 2007]

PART 161—NOTICE AND AP-

PROVAL OF AIRPORT NOISE AND
ACCESS RESTRICTIONS

Subpart A—General Provisions

Sec.
161.1

Purpose.

161.3

Applicability.

161.5

Definitions.

161.7

Limitations.

161.9

Designation of noise description meth-

ods.

161.11

Identification of land uses in airport

noise study area.

Subpart B—Agreements

161.101

Scope.

161.103

Notice of the proposed restriction.

161.105

Requirements for new entrants.

161.107

Implementation of the restriction.

161.109

Notice of termination of restriction

pursuant to an agreement.

161.111

Availability of data and comments

on a restriction implemented pursuant to
an agreement.

161.113

Effect of agreements; limitation on

reevaluation.

Subpart C—Notice Requirements for Stage

2 Restrictions

161.201

Scope.

161.203

Notice of proposed restriction.

161.205

Required analysis of proposed re-

striction and alternatives.

161.207

Comment by interested parties.

161.209

Requirements for proposal changes.

161.211

Optional use of 14 CFR part 150 pro-

cedures.

161.213

Notification of a decision not to im-

plement a restriction.

Subpart D—Notice, Review, and Approval

Requirements for Stage 3 Restrictions

161.301

Scope.

161.303

Notice of proposed restrictions.

161.305

Required analysis and conditions for

approval of proposed restrictions.

161.307

Comment by interested parties.

161.309

Requirements for proposal changes.

161.311

Application procedure for approval

of proposed restriction.

161.313

Review of application.

161.315

Receipt of complete application.

161.317

Approval or disapproval of proposed

restriction.

161.319

Withdrawal or revision of restric-

tion.

161.321

Optional use of 14 CFR part 150 pro-

cedures.

161.323

Notification of a decision not to im-

plement a restriction.

161.325

Availability of data and comments

on an implemented restriction.

Subpart E—Reevaluation of Stage 3

Restrictions

161.401

Scope.

161.403

Criteria for reevaluation.

161.405

Request for reevaluation.

161.407

Notice of reevaluation.

161.409

Required analysis by reevaluation

petitioner.

161.411

Comment by interested parties.

161.413

Reevaluation procedure.

161.415

Reevaluation action.

161.417

Notification of status of restrictions

and agreements not meeting conditions-
of-approval criteria.

Subpart F—Failure To Comply With This Part

161.501

Scope.

161.503

Informal resolution; notice of appar-

ent violation.

161.505

Notice of proposed termination of

airport grant funds and passenger facil-
ity charges.

UTHORITY

: 49 U.S.C. 106(g), 47523–47527,

47533.

OURCE

: Docket No. 26432, 56 FR 48698,

Sept. 25, 1991, unless otherwise noted.

Subpart A—General Provisions

§ 161.1 Purpose.

This part implements the Airport

Noise and Capacity Act of 1990 (49

791

Federal Aviation Administration, DOT

§ 161.5

U.S.C. App. 2153, 2154, 2155, and 2156). It
prescribes:

(a) Notice requirements and proce-

dures for airport operators imple-
menting Stage 3 aircraft noise and ac-
cess restrictions pursuant to agree-
ments between airport operators and
aircraft operators;

(b) Analysis and notice requirements

for airport operators proposing Stage 2
aircraft noise and access restrictions;

quirements for airport operators pro-
posing Stage 3 aircraft noise and access
restrictions; and

(d) Procedures for Federal Aviation

Administration reevaluation of agree-
ments containing restrictions on Stage
3 aircraft operations and of aircraft
noise and access restrictions affecting
Stage 3 aircraft operations imposed by
airport operators.

§ 161.3 Applicability.

(a) This part applies to airports im-

posing restrictions on Stage 2 aircraft
operations proposed after October 1,
1990, and to airports imposing restric-
tions on Stage 3 aircraft operations
that became effective after October 1,
1990.

(b) This part also applies to airports

enacting amendments to airport noise
and access restrictions in effect on Oc-
tober 1, 1990, but amended after that
date, where the amendment reduces or
limits aircraft operations or affects
aircraft safety.

requirements set forth in this part
apply to all airports imposing noise or
access restrictions as defined in § 161.5
of this part.

§ 161.5 Definitions.

For the purposes of this part, the fol-

lowing definitions apply:

Agreement

means a document in writ-

ing signed by the airport operator;
those aircraft operators currently oper-
ating at the airport that would be af-
fected by the noise or access restric-
tion; and all affected new entrants
planning to provide new air service
within 180 days of the effective date of
the restriction that have submitted to
the airport operator a plan of oper-
ations and notice of agreement to the
restriction.

Aircraft operator,

for purposes of this

part, means any owner of an aircraft
that operates the aircraft, i.e., uses,
causes to use, or authorizes the use of
the aircraft; or in the case of a leased
aircraft, any lessee that operates the
aircraft pursuant to a lease. As used in
this part, aircraft operator also means
any representative of the aircraft
owner, or in the case of a leased air-
craft, any representative of the lessee
empowered to enter into agreements
with the airport operator regarding use
of the airport by an aircraft.

Airport

means any area of land or

water, including any heliport, that is
used or intended to be used for the
landing and takeoff of aircraft, and any
appurtenant areas that are used or in-
tended to be used for airport buildings
or other airport facilities or rights-of-
way, together with all airport build-
ings and facilities located thereon.

Airport noise study area

means that

area surrounding the airport within
the noise contour selected by the appli-
cant for study and must include the
noise contours required to be developed
for noise exposure maps specified in 14
CFR part 150.

Airport operator

means the airport

proprietor.

Aviation user class

means the fol-

lowing categories of aircraft operators:
air carriers operating under parts 121
or 129 of this chapter; commuters and
other carriers operating under part 135
of this chapter; general aviation, mili-
tary, or government operations.

Day-night average sound level (DNL)

means the 24-hour average sound level,
in decibels, for the period from mid-
night to midnight, obtained after the
addition of ten decibels to sound levels
for the periods between midnight and 7
a.m., and between 10 p.m. and mid-
night, local time, as defined in 14 CFR
part 150. (The scientific notation for
DNL is L

Noise or access restrictions

means re-

strictions (including but not limited to
provisions of ordinances and leases) af-
fecting access or noise that affect the
operations of Stage 2 or Stage 3 air-
craft, such as limits on the noise gen-
erated on either a single-event or cu-
mulative basis; a limit, direct or indi-
rect, on the total number of Stage 2 or
Stage 3 aircraft operations; a noise

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.

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.

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,

794

14 CFR Ch. I (1–1–24 Edition)

§ 161.105

or the airport noise study area, if one
has been delineated;

(4) Fixed-base operators and other

airport tenants whose operations may
be affected by the proposed restriction;
and

(5) Community groups and business

organizations that are known to be in-
terested in the proposed restriction.

cordance with paragraph (b) of this sec-
tion shall include:

(1) The name of the airport and asso-

ciated cities and states;

(2) A clear, concise description of the

proposed restriction, including sanc-
tions for noncompliance and a state-
ment that it will be implemented pur-
suant to a signed agreement;

(3) A brief discussion of the specific

need for and goal of the proposed re-
striction;

(4) Identification of the operators and

the types of aircraft expected to be af-
fected;

(5) The proposed effective date of the

restriction and any proposed enforce-
ment mechanism;

(6) An invitation to comment on the

proposed restriction, with a minimum
45-day comment period;

(7) Information on how to request

copies of the restriction portion of the
agreement, including any sanctions for
noncompliance;

(8) A notice to potential new entrant

aircraft operators that are known to be
interested in serving the airport of the
requirements set forth in § 161.105 of
this part; and

(9) Information on how to submit a

new entrant application, comments,
and the address for submitting applica-
tions and comments to the airport op-
erator, including identification of a
contact person at the airport.

(d) The Federal Aviation Administra-

tion will publish an announcement of
the proposed restriction in the F

ERAL

EGISTER

[Doc. No. 26432, 56 FR 48698, Sept. 25, 1991; 56
FR 51258, Oct. 10, 1991]

§ 161.105 Requirements for new en-

trants.

(a) Within 45 days of the publication

of the notice of a proposed restriction
by the airport operator under
§ 161.103(b) of this part, any person in-

tending to provide new air service to
the airport within 180 days of the pro-
posed date of implementation of the re-
striction (as evidenced by submission
of a plan of operations to the airport
operator) must notify the airport oper-
ator if it would be affected by the re-
striction contained in the proposed
agreement, and either that it—

(1) Agrees to the restriction; or
(2) Objects to the restriction.
(b) Failure of any person described in

§ 161.105(a) of this part to notify the air-
port operator that it objects to the pro-
posed restriction will constitute waiver
of the right to claim that it did not
consent to the agreement and render
that person ineligible to use lack of
signature as ground to apply for sanc-
tions under subpart F of this part for
two years following the effective date
of the restriction. The signature of
such a person need not be obtained by
the airport operator in order to comply
with § 161.107(a) of this part.

eligible to use lack of signature as
ground to apply for sanctions under
subpart F of this part for two years.

§ 161.107 Implementation of the re-

striction.

(a) To be eligible to implement a

Stage 3 noise or access restriction
under this subpart, an airport operator
shall have the restriction contained in
an agreement as defined in § 161.101(b)
of this part.

(b) An airport operator may not im-

plement a restriction pursuant to an
agreement until the notice and com-
ment requirements of § 161.103 of this
part have been met.

the Federal Aviation Administration of
the implementation of a restriction
pursuant to an agreement and must in-
clude in the notice evidence of compli-
ance with § 161.103 and a copy of the
signed agreement.

§ 161.109 Notice of termination of re-

striction pursuant to an agreement.

An airport operator must notify the

FAA within 10 days of the date of ter-
mination of a restriction pursuant to
an agreement under this subpart.

795

Federal Aviation Administration, DOT

§ 161.203

§ 161.111 Availability of data and com-

ments on a restriction implemented

pursuant to an agreement.

The airport operator shall retain all

relevant supporting data and all com-
ments relating to a restriction imple-
mented pursuant to an agreement for
as long as the restriction is in effect.
The airport operator shall make these
materials available for inspection upon
request by the FAA. The information
shall be made available for inspection
by any person during the pendency of
any petition for reevaluation found jus-
tified by the FAA.

§ 161.113 Effect of agreements; limita-

tion on reevaluation.

(a) Except as otherwise provided in

this subpart, a restriction implemented
by an airport operator pursuant to this
subpart shall have the same force and
effect as if it had been a restriction im-
plemented in accordance with subpart
D of this part.

(b) A restriction implemented by an

airport operator pursuant to this sub-
part may be subject to reevaluation by
the FAA under subpart E of this part.

Subpart C—Notice Requirements

for Stage 2 Restrictions

§ 161.201 Scope.

(a) This subpart applies to:
(1) An airport imposing a noise or ac-

cess restriction on the operation of
Stage 2 aircraft, but not Stage 3 air-
craft, proposed after October 1, 1990.

(2) An airport imposing an amend-

ment to a Stage 2 restriction, if the
amendment is proposed after October 1,
1990, and reduces or limits Stage 2 air-
craft operations (compared to the re-
striction that it amends) or affects air-
craft safety.

(b) This subpart does not apply to an

airport imposing a Stage 2 restriction
specifically exempted in § 161.7 or a
Stage 2 restriction contained in an
agreement as long as the restriction is
not enforced against aircraft operators
that are not parties to the agreement.

§ 161.203 Notice of proposed restric-

tion.

(a) An airport operator may not im-

plement a Stage 2 restriction within
the scope of § 161.201 unless the airport

operator provides an analysis of the
proposed restriction, prepared in ac-
cordance with § 161.205, and a public no-
tice and opportunity for comment as
prescribed in this subpart. The notice
and analysis required by this subpart
shall be completed at least 180 days
prior to the effective date of the re-
striction.

(b) Except as provided in § 161.211, an

airport operator must publish a notice
of the proposed restriction in an
areawide newspaper or newspapers that
either singly or together has general
circulation throughout the airport
noise study area; post a notice in the
airport in a prominent location acces-
sible to airport users and the public;
and directly notify in writing the fol-
lowing parties:

(1) Aircraft operators providing

scheduled passenger or cargo service at
the airport; operators of aircraft based
at the airport; potential new entrants
that are known to be interested in
serving the airport; and aircraft opera-
tors known to be routinely providing
nonscheduled service that may be af-
fected by the proposed restriction;

(2) The Federal Aviation Administra-

tion;

(3) Each Federal, state, and local

agency with land-use control jurisdic-
tion within the airport noise study
area;

(4) Fixed-base operators and other

airport tenants whose operations may
be affected by the proposed restriction;
and

(5) Community groups and business

organizations that are known to be in-
terested in the proposed restriction.

ance with paragraph (b) of this section
shall include:

(1) The name of the airport and asso-

ciated cities and states;

(2) A clear, concise description of the

proposed restriction, including a state-
ment that it will be a mandatory Stage
2 restriction, and where the complete
text of the restriction, and any sanc-
tions for noncompliance, are available
for public inspection;

(3) A brief discussion of the specific

need for, and goal of, the restriction;

(4) Identification of the operators and

the types of aircraft expected to be af-
fected;

796

14 CFR Ch. I (1–1–24 Edition)

§ 161.205

(5) The proposed effective date of the

restriction, the proposed method of im-
plementation (e.g., city ordinance, air-
port rule, lease), and any proposed en-
forcement mechanism;

(6) An analysis of the proposed re-

striction, as required by § 161.205 of this
subpart, or an announcement of where
the analysis is available for public in-
spection;

(7) An invitation to comment on the

proposed restriction and analysis, with
a minimum 45-day comment period;

(8) Information on how to request

copies of the complete text of the pro-
posed restriction, including any sanc-
tions for noncompliance, and the anal-
ysis (if not included with the notice);
and

(9) The address for submitting com-

ments to the airport operator, includ-
ing identification of a contact person
at the airport.

(d) At the time of notice, the airport

operator shall provide the FAA with a
full text of the proposed restriction, in-
cluding any sanctions for noncompli-
ance.

(e) The Federal Aviation Administra-

tion will publish an announcement of
the proposed Stage 2 restriction in the
F

EDERAL

EGISTER

§ 161.205 Required analysis of pro-

posed restriction and alternatives.

(a) Each airport operator proposing a

noise or access restriction on Stage 2
aircraft operations shall prepare the
following and make it available for
public comment:

(1) An analysis of the anticipated or

actual costs and benefits of the pro-
posed noise or access restriction;

(2) A description of alternative re-

strictions; and

(3) A description of the alternative

measures considered that do not in-
volve aircraft restrictions, and a com-
parison of the costs and benefits of
such alternative measures to costs and
benefits of the proposed noise or access
restriction.

(b) In preparing the analyses required

by this section, the airport operator
shall use the noise measurement sys-
tems and identify the airport noise
study area as specified in §§ 161.9 and
161.11, respectively; shall use currently
accepted economic methodology; and

shall provide separate detail on the
costs and benefits of the proposed re-
striction with respect to the operations
of Stage 2 aircraft weighing less than
75,000 pounds if the restriction applies
to this class. The airport operator shall
specify the methods used to analyze
the costs and benefits of the proposed
restriction and the alternatives.

in § 161.305 are useful elements of an
adequate analysis of a noise or access
restriction on Stage 2 aircraft oper-
ations.

§ 161.207 Comment by interested par-

ties.

Each airport operator shall establish

a public docket or similar method for
receiving and considering comments,
and shall make comments available for
inspection by interested parties upon
request. Comments must be retained as
long as the restriction is in effect.

§ 161.209 Requirements for proposal

changes.

(a) Each airport operator shall

promptly advise interested parties of
any changes to a proposed restriction,
including changes that affect non-
compatible land uses, and make avail-
able any changes to the proposed re-
striction and its analysis. Interested
parties include those that received di-
rect notice under § 161.203(b), or those
that were required to be consulted in
accordance with the procedures in
§ 161.211 of this part, and those that
have commented on the proposed re-
striction.

(b) If there are substantial changes to

the proposed restriction or the analysis
during the 180-day notice period, the
airport operator shall initiate new no-
tice following the procedures in
§ 161.203 or, alternatively, the proce-
dures in § 161.211. A substantial change
includes, but is not limited to, a pro-
posal that would increase the burden
on any aviation user class.

§ 161.203(c), new notice must indicate
that the airport operator is revising a
previous notice, provide the reason for
making the revision, and provide a new
effective date (if any) for the restric-
tion. The effective date of the restric-
tion must be at least 180 days after the

797

Federal Aviation Administration, DOT

§ 161.303

date the new notice and revised anal-
ysis are made available for public com-
ment.

§ 161.211 Optional use of 14 CFR part

150 procedures.

(a) An airport operator may use the

procedures in part 150 of this chapter,
instead of the procedures described in
§§ 161.203(b) and 161.209(b), as a means of
providing an adequate public notice
and comment opportunity on a pro-
posed Stage 2 restriction.

(b) If the airport operator elects to

use 14 CFR part 150 procedures to com-
ply with this subpart, the operator
shall:

(1) Ensure that all parties identified

for direct notice under § 161.203(b) are
notified that the airport’s 14 CFR part
150 program will include a proposed
Stage 2 restriction under part 161, and
that these parties are offered the op-
portunity to participate as consulted
parties during the development of the
14 CFR part 150 program;

(2) Provide the FAA with a full text

of the proposed restriction, including
any sanctions for noncompliance, at
the time of the notice;

(3) Include the information in § 161.203

(c)(2) through (c)(5) and 161.205 in the
analysis of the proposed restriction for
the part 14 CFR part 150 program;

(4) Wait 180 days following the avail-

ability of the above analysis for review
by the consulted parties and compli-
ance with the above notice require-
ments before implementing the Stage 2
restriction; and

(5) Include in its 14 CFR part 150 sub-

mission to the FAA evidence of compli-
ance with paragraphs (b)(1) and (b)(4) of
this section, and the analysis in para-
graph (b)(3) of this section, together
with a clear identification that the 14
CFR part 150 program includes a pro-
posed Stage 2 restriction under part
161.

CFR part 150 submission does not con-
stitute approval or disapproval of the
proposed Stage 2 restriction under part
161.

(d) An amendment of a restriction

may also be processed under 14 CFR
part 150 procedures in accordance with
this section.

§ 161.213 Notification of a decision not

to implement a restriction.

If a proposed restriction has been

through the procedures prescribed in
this subpart and the restriction is not
subsequently implemented, the airport
operator shall so advise the interested
parties. Interested parties are de-
scribed in § 161.209(a).

Subpart D—Notice, Review, and

Approval Requirements for
Stage 3 Restrictions

§ 161.301 Scope.

(a) This subpart applies to:
(1) An airport imposing a noise or ac-

cess restriction on the operation of
Stage 3 aircraft that first became effec-
tive after October 1, 1990.

(2) An airport imposing an amend-

ment to a Stage 3 restriction, if the
amendment becomes effective after Oc-
tober 1, 1990, and reduces or limits
Stage 3 aircraft operations (compared
to the restriction that it amends) or af-
fects aircraft safety.

(b) This subpart does not apply to an

airport imposing a Stage 3 restriction
specifically exempted in § 161.7, or an
agreement complying with subpart B of
this part.

scope of this subpart may not become
effective unless it has been submitted
to and approved by the FAA. The FAA
will review only those Stage 3 restric-
tions that are proposed by, or on behalf
of, an entity empowered to implement
the restriction.

§ 161.303 Notice of proposed restric-

tions.

(a) Each airport operator or aircraft

operator (hereinafter referred to as ap-
plicant) proposing a Stage 3 restriction
shall provide public notice and an op-
portunity for public comment, as pre-
scribed in this subpart, before submit-
ting the restriction to the FAA for re-
view and approval.

(b) Except as provided in § 161.321, an

applicant shall publish a notice of the
proposed restriction in an areawide
newspaper or newspapers that either
singly or together has general circula-
tion throughout the airport noise study
area; post a notice in the airport in a

798

14 CFR Ch. I (1–1–24 Edition)

§ 161.305

prominent location accessible to air-
port users and the public; and directly
notify in writing the following parties:

(1) Aircraft operators providing

(2) The Federal Aviation Administra-

tion;

(3) Each Federal, state, and local

agency with land-use control jurisdic-
tion within the airport noise study
area;

(4) Fixed-base operators and other

airport tenants whose operations may
be affected by the proposed restriction;
and

(5) Community groups and business

organizations that are known to be in-
terested in the proposed restriction.

ance with paragraph (b) of this section
shall include:

(1) The name of the airport and asso-

ciated cities and states;

(2) A clear, concise description of the

proposed restriction (and any alter-
natives, in order of preference), includ-
ing a statement that it will be a man-
datory Stage 3 restriction; and where
the complete text of the restriction,
and any sanctions for noncompliance,
are available for public inspection;

(3) A brief discussion of the specific

need for, and goal of, the restriction;

(4) Identification of the operators and

types of aircraft expected to be af-
fected;

(5) The proposed effective date of the

restriction, the proposed method of im-
plementation (e.g., city ordinance, air-
port rule, lease, or other document),
and any proposed enforcement mecha-
nism;

(6) An analysis of the proposed re-

striction, in accordance with § 161.305 of
this part, or an announcement regard-
ing where the analysis is available for
public inspection;

(7) An invitation to comment on the

proposed restriction and the analysis,
with a minimum 45-day comment pe-
riod;

(8) Information on how to request a

copy of the complete text of the re-
striction, including any sanctions for
noncompliance, and the analysis (if not
included with the notice); and

(9) The address for submitting com-

ments to the airport operator or air-
craft operator proposing the restric-
tion, including identification of a con-
tact person.

(d) Applicants may propose alter-

native restrictions, including partial
implementation of any proposal, and
indicate an order of preference. If al-
ternative restriction proposals are sub-
mitted, the requirements listed in
paragraphs (c)(2) through (c)(6) of this
section should address the alternative
proposals where appropriate.

§ 161.305 Required analysis and condi-

tions for approval of proposed re-
strictions.

Each applicant proposing a noise or

access restriction on Stage 3 oper-
ations shall prepare and make avail-
able for public comment an analysis
that supports, by substantial evidence,
that the six statutory conditions for
approval have been met for each re-
striction and any alternatives sub-
mitted. The statutory conditions are
set forth in 49 U.S.C. App. 2153(d)(2) and
paragraph (e) of this section. Any pro-
posed restriction (including alter-
natives) on Stage 3 aircraft operations
that also affects the operation of Stage
2 aircraft must include analysis of the
proposals in a manner that permits the
proposal to be understood in its en-
tirety. (Nothing in this section is in-
tended to add a requirement for the
issuance of restrictions on Stage 2 air-
craft to those of subpart C of this part.)
The applicant shall provide:

(a) The complete text of the proposed

restriction and any submitted alter-
natives, including the proposed word-
ing in a city ordinance, airport rule,
lease, or other document, and any
sanctions for noncompliance;

(b) Maps denoting the airport geo-

graphic boundary, and the geographic
boundaries and names of each jurisdic-
tion that controls land use within the
airport noise study area;

sessment of the proposed restriction or

799

Federal Aviation Administration, DOT

§ 161.305

adequate information supporting a cat-
egorical exclusion in accordance with
FAA orders and procedures regarding
compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C.
4321);

(d) A summary of the evidence in the

submission supporting the six statu-
tory conditions for approval; and

(e) An analysis of the restriction,

demonstrating by substantial evidence
that the statutory conditions are met.
The analysis must:

(1) Be sufficiently detailed to allow

the FAA to evaluate the merits of the
proposed restriction; and

(2) Contain the following essential

elements needed to provide substantial
evidence supporting each condition for
approval:

(i)

Condition 1: The restriction is rea-

sonable, nonarbitrary, and nondiscrim-
inatory.

(A) Essential information

needed to demonstrate this condition
includes the following:

(

) Evidence that a current or pro-

jected noise or access problem exists,
and that the proposed action(s) could
relieve the problem, including:

(

) A detailed description of the prob-

lem precipitating the proposed restric-
tion with relevant background infor-
mation on factors contributing to the
proposal and any court-ordered action
or estimated liability concerns; a de-
scription of any noise agreements or
noise or access restrictions currently
in effect at the airport; and measures
taken to achieve land-use compat-
ibility, such as controls or restrictions
on land use in the vicinity of the air-
port and measures carried out in re-
sponse to 14 CFR part 150; and actions
taken to comply with grant assurances
requiring that:

(

) Airport development projects be

reasonably consistent with plans of
public agencies that are authorized to
plan for the development of the area
around the airport; and

(

) The sponsor give fair consider-

ation to the interests of communities
in or near where the project may be lo-
cated; take appropriate action, includ-
ing the adoption of zoning laws, to the
extent reasonable, to restrict the use of
land near the airport to activities and
purposes compatible with normal air-
port operations; and not cause or per-

mit any change in land use, within its
jurisdiction, that will reduce the com-
patibility (with respect to the airport)
of any noise compatibility program
measures upon which federal funds
have been expended.

(

) An analysis of the estimated

noise impact of aircraft operations
with and without the proposed restric-
tion for the year the restriction is ex-
pected to be implemented, for a fore-
cast timeframe after implementation,
and for any other years critical to un-
derstanding the noise impact of the
proposed restriction. The analysis of
noise impact with and without the pro-
posed restriction including:

(

) Maps of the airport noise study

area overlaid with noise contours as
specified in §§ 161.9 and 161.11 of this
part;

(

) The number of people and the

noncompatible land uses within the
airport noise study area with and with-
out the proposed restriction for each
year the noise restriction is analyzed;

(

) Technical data supporting the

noise impact analysis, including the
classes of aircraft, fleet mix, runway
use percentage, and day/night breakout
of operations; and

(

) Data on current and projected

airport activity that would exist in the
absence of the proposed restriction.

(

) Evidence that other available

remedies are infeasible or would be less
cost-effective, including descriptions of
any alternative aircraft restrictions
that have been considered and rejected,
and the reasons for the rejection; and
of any land use or other nonaircraft
controls or restrictions that have been
considered and rejected, including
those proposed under 14 CFR part 150
and not implemented, and the reasons
for the rejection or failure to imple-
ment.

(

) Evidence that the noise or access

standards are the same for all aviation
user classes or that the differences are
justified, such as:

(

) A description of the relationship

of the effect of the proposed restriction
on airport users (by aviation user
class); and

(

) The noise attributable to these

users in the absence of the proposed re-
striction.

800

14 CFR Ch. I (1–1–24 Edition)

§ 161.305

(B) At the applicant’s discretion, in-

formation may also be submitted as
follows:

(

) Evidence not submitted under

paragraph (e)(2)(ii)(A) of this section
(Condition 2) that there is a reasonable
chance that expected benefits will
equal or exceed expected cost; for ex-
ample, comparative economic analyses
of the costs and benefits of the pro-
posed restriction and aircraft and non-
aircraft alternative measures. For de-
tailed elements of analysis, see para-
graph (e)(2)(ii)(A) of this section.

(

) Evidence not submitted under

paragraph (e)(2)(ii)(A) of this section
that the level of any noise-based fees
that may be imposed reflects the cost
of mitigating noise impacts produced
by the aircraft, or that the fees are rea-
sonably related to the intended level of
noise impact mitigation.

(ii)

Condition 2: The restriction does not

create an undue burden on interstate or
foreign commerce.

(A) Essential informa-

tion needed to demonstrate this statu-
tory condition includes:

(

) Evidence, based on a cost-benefit

analysis, that the estimated potential
benefits of the restriction have a rea-
sonable chance to exceed the estimated
potential cost of the adverse effects on
interstate and foreign commerce. In
preparing the economic analysis re-
quired by this section, the applicant
shall use currently accepted economic
methodology, specify the methods used
and assumptions underlying the anal-
ysis, and consider:

(

) The effect of the proposed restric-

tion on operations of aircraft by avia-
tion user class (and for air carriers, the
number of operations of aircraft by
carrier), and on the volume of pas-
sengers and cargo for the year the re-
striction is expected to be implemented
and for the forecast timeframe.

(

) The estimated costs of the pro-

posed restriction and alternative non-
aircraft restrictions including the fol-
lowing, as appropriate:

(

) Any additional cost of continuing

aircraft operations under the restric-
tion, including reasonably available in-
formation concerning any net capital
costs of acquiring or retrofitting air-
craft (net of salvage value and oper-
ating efficiencies) by aviation user

class; and any incremental recurring
costs;

(

) Costs associated with altered or

discontinued aircraft operations, such
as reasonably available information
concerning loss to carriers of operating
profits; decreases in passenger and
shipper consumer surplus by aviation
user class; loss in profits associated
with other airport services or other en-
tities: and/or any significant economic
effect on parties other than aviation
users.

(

) Costs associated with imple-

menting nonaircraft restrictions or
nonaircraft components of restrictions,
such as reasonably available informa-
tion concerning estimates of capital
costs for real property, including rede-
velopment, soundproofing, noise ease-
ments, and purchase of property inter-
ests; and estimates of associated incre-
mental recurring costs; or an expla-
nation of the legal or other impedi-
ments to implementing such restric-
tions.

(

) Estimated benefits of the pro-

posed restriction and alternative re-
strictions that consider, as appro-
priate, anticipated increase in real es-
tate values and future construction
cost (such as sound insulation) savings;
anticipated increase in airport reve-
nues; quantification of the noise bene-
fits, such as number of people removed
from noise contours and improved
work force and/or educational produc-
tivity, if any; valuation of positive
safety effects, if any; and/or other qual-
itative benefits, including improve-
ments in quality of life.

(B) At the applicant’s discretion, in-

formation may also be submitted as
follows:

(

) Evidence that the affected car-

riers have a reasonable chance to con-
tinue service at the airport or at other
points in the national airport system.

(

) Evidence that other air carriers

are able to provide adequate service to
the airport and other points in the sys-
tem without diminishing competition.

(

) Evidence that comparable services

or facilities are available at another
airport controlled by the airport oper-
ator in the market area, including
services available at other airports.

801

Federal Aviation Administration, DOT

§ 161.309

(

) Evidence that alternative trans-

portation service can be attained
through other means of transportation.

(

) Information on the absence of ad-

verse evidence or adverse comments
with respect to undue burden in the no-
tice process required in § 161.303, or al-
ternatively in § 161.321, of this part as
evidence that there is no undue burden.

(iii)

Condition 3: The proposed restric-

tion maintains safe and efficient use of
the navigable airspace.

Essential infor-

mation needed to demonstrate this
statutory condition includes evidence
that the proposed restriction main-
tains safe and efficient use of the navi-
gable airspace based upon:

(A) Identification of airspace and ob-

stacles to navigation in the vicinity of
the airport; and

(B) An analysis of the effects of the

proposed restriction with respect to
use of airspace in the vicinity of the
airport, substantiating that the re-
striction maintains or enhances safe
and efficient use of the navigable air-
space. The analysis shall include a de-
scription of the methods and data used.

(iv)

Condition 4: The proposed restric-

tion does not conflict with any existing
Federal statute or regulation.

Essential

information needed to demonstrate
this condition includes evidence dem-
onstrating that no conflict is presented
between the proposed restriction and
any existing Federal statute or regula-
tion, including those governing:

(A) Exclusive rights;
(B) Control of aircraft operations;

and

ments.

(v)

Condition 5: The applicant has pro-

vided adequate opportunity for public
comment on the proposed restriction.

Es-

sential information needed to dem-
onstrate this condition includes evi-
dence that there has been adequate op-
portunity for public comment on the
restriction as specified in § 161.303 or
§ 161.321 of this part.

(vi)

Condition 6: The proposed restric-

tion does not create an undue burden on
the national aviation system.

Essential

information needed to demonstrate
this condition includes evidence that
the proposed restriction does not cre-
ate an undue burden on the national
aviation system such as:

(A) An analysis demonstrating that

the proposed restriction does not have
a substantial adverse effect on existing
or planned airport system capacity, on
observed or forecast airport system
congestion and aircraft delay, and on
airspace system capacity or workload;

(B) An analysis demonstrating that

nonaircraft alternative measures to
achieve the same goals as the proposed
subject restrictions are inappropriate;

spect to imposition of an undue burden
on the national aviation system in re-
sponse to the notice required in
§ 161.303 or § 161.321.

§ 161.307 Comment by interested par-

ties.

(a) Each applicant proposing a re-

striction shall establish a public dock-
et or similar method for receiving and
considering comments, and shall make
comments available for inspection by
interested parties upon request. Com-
ments must be retained as long as the
restriction is in effect.

(b) Each applicant shall submit to

the FAA a summary of any comments
received. Upon request by the FAA, the
applicant shall submit copies of the
comments.

§ 161.309 Requirements for proposal

changes.

(a) Each applicant shall promptly ad-

vise interested parties of any changes
to a proposed restriction or alternative
restriction that are not encompassed in
the proposals submitted, including
changes that affect noncompatible land
uses or that take place before the effec-
tive date of the restriction, and make
available these changes to the proposed
restriction and its analysis. For the
purpose of this paragraph, interested
parties include those who received di-
rect notice under § 161.303(b) of this
part, or those who were required to be
consulted in accordance with the pro-
cedures in § 161.321 of this part, and
those who commented on the proposed
restriction.

(b) If there are substantial changes to

a proposed restriction or the analysis
made available prior to the effective
date of the restriction, the applicant
proposing the restriction shall initiate

802

14 CFR Ch. I (1–1–24 Edition)

§ 161.311

new notice in accordance with the pro-
cedures in § 161.303 or, alternatively,
the procedures in § 161.321. These re-
quirements apply to substantial
changes that are not encompassed in
submitted alternative restriction pro-
posals and their analyses. A substan-
tial change to a restriction includes,
but is not limited to, any proposal that
would increase the burden on any avia-
tion user class.

§ 161.303(c), a new notice must indicate
that the applicant is revising a pre-
vious notice, provide the reason for
making the revision, and provide a new
effective date (if any) for the restric-
tion.

(d) If substantial changes requiring a

new notice are made during the FAA’s
180-day review of the proposed restric-
tion, the applicant submitting the pro-
posed restriction shall notify the FAA
in writing that it is withdrawing its
proposal from the review process until
it has completed additional analysis,
public review, and documentation of
the public review. Resubmission to the
FAA will restart the 180-day review.

§ 161.311 Application procedure for ap-

proval of proposed restriction.

Each applicant proposing a Stage 3

restriction shall submit to the FAA the
following information for each restric-
tion and alternative restriction sub-
mitted, with a request that the FAA
review and approve the proposed Stage
3 noise or access restriction:

(a) A summary of evidence of the ful-

fillment of conditions for approval, as
specified in § 161.305;

(b) An analysis as specified in

§ 161.305, as appropriate to the proposed
restriction;

mitting the proposal is the party em-
powered to implement the restriction,
or is submitting the proposal on behalf
of such party; and

(d) A statement as to whether the

airport requests, in the event of dis-
approval of the proposed restriction or
any alternatives, that the FAA approve
any portion of the restriction or any
alternative that meets the statutory
requirements for approval. An appli-
cant requesting partial approval of any
proposal should indicate its priorities

as to portions of the proposal to be ap-
proved.

§ 161.313 Review of application.

(a)

Determination of completeness.

The

FAA, within 30 days of receipt of an ap-
plication, will determine whether the
application is complete in accordance
with § 161.311. Determinations of com-
pleteness will be made on all proposed
restrictions and alternatives. This
completeness determination is not an
approval or disapproval of the proposed
restriction.

(b)

Process for complete application.

When the FAA determines that a com-
plete application has been submitted,
the following procedures apply:

(1) The FAA notifies the applicant

that it intends to act on the proposed
restriction and publishes notice of the
proposed restriction in the F

EDERAL

EGISTER

in accordance with § 161.315.

The 180-day period for approving or dis-
approving the proposed restriction will
start on the date of original FAA re-
ceipt of the application.

(2) Following review of the applica-

tion, public comments, and any other
information obtained under § 161.317(b),
the FAA will issue a decision approving
or disapproving the proposed restric-
tion. This decision is a final decision of
the Administrator for purpose of judi-
cial review.

(c)

Process for incomplete application.

If the FAA determines that an applica-
tion is not complete with respect to
any submitted restriction or alter-
native restriction, the following proce-
dures apply:

(1) The FAA shall notify the appli-

cant in writing, returning the applica-
tion and setting forth the type of infor-
mation and analysis needed to com-
plete the application in accordance
with § 161.311.

(2) Within 30 days after the receipt of

this notice, the applicant shall advise
the FAA in writing whether or not it
intends to resubmit and supplement its
application.

(3) If the applicant does not respond

in 30 days, or advises the FAA that it
does not intend to resubmit and/or sup-
plement the application, the applica-
tion will be denied. This closes the

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Federal Aviation Administration, DOT

§ 161.317

matter without prejudice to later ap-
plication and does not constitute dis-
approval of the proposed restriction.

(4) If the applicant chooses to resub-

mit and supplement the application,
the following procedures apply:

(i) Upon receipt of the resubmitted

application, the FAA determines
whether the application, as supple-
mented, is complete as set forth in
paragraph (a) of this section.

(ii) If the application is complete, the

procedures set forth in § 161.315 shall be
followed. The 180-day review period
starts on the date of receipt of the last
supplement to the application.

(iii) If the application is still not

complete with respect to the proposed
restriction or at least one submitted
alternative, the FAA so advises the ap-
plicant as set forth in paragraph (c)(1)
of this section and provides the appli-
cant with an additional opportunity to
supplement the application as set forth
in paragraph (c)(2) of this section.

(iv) If the environmental documenta-

tion (either an environmental assess-
ment or information supporting a cat-
egorical exclusion) is incomplete, the
FAA will so notify the applicant in
writing, returning the application and
setting forth the types of information
and analysis needed to complete the
documentation. The FAA will continue
to return an application until adequate
environmental documentation is pro-
vided. When the application is deter-
mined to be complete, including the
environmental documentation, the 180-
day period for approval or disapproval
will begin upon receipt of the last sup-
plement to the application.

(v) Following review of the applica-

tion and its supplements, public com-
ments, and any other information ob-
tained under § 161.317(b), the FAA will
issue a decision approving or dis-
approving the application. This deci-
sion is a final decision of the Adminis-
trator for the purpose of judicial re-
view.

(5) The FAA will deny the application

and return it to the applicant if:

(i) None of the proposals submitted

are found to be complete;

(ii) The application has been returned

twice to the applicant for reasons other
than completion of the environmental
documentation; and

(iii) The applicant declines to com-

plete the application. This closes the
matter without prejudice to later ap-
plication, and does not constitute dis-
approval of the proposed restriction.

§ 161.315 Receipt of complete applica-

tion.

(a) When a complete application has

been received, the FAA will notify the
applicant by letter that the FAA in-
tends to act on the application.

(b) The FAA will publish notice of

the proposed restriction in the F

ERAL

EGISTER

, inviting interested par-

ties to file comments on the applica-
tion within 30 days after publication of
the F

EDERAL

EGISTER

notice.

§ 161.317 Approval or disapproval of

proposed restriction.

(a) Upon determination that an appli-

cation is complete with respect to at
least one of the proposals submitted by
the applicant, the FAA will act upon
the complete proposals in the applica-
tion. The FAA will not act on any pro-
posal for which the applicant has de-
clined to submit additional necessary
information.

(b) The FAA will review the appli-

cant’s proposals in the preference order
specified by the applicant. The FAA
may request additional information
from aircraft operators, or any other
party, and may convene an informal
meeting to gather facts relevant to its
determination.

posal and issue an order approving or
disapproving the proposed restriction
and any submitted alternatives, in
whole or in part, in the order of pref-
erence indicated by the applicant. Once
the FAA approves a proposed restric-
tion, the FAA will not consider any
proposals of lower applicant-stated
preference. Approval or disapproval
will be given by the FAA within 180
days after receipt of the application or
last supplement thereto under § 161.313.
The FAA will publish its decision in
the F

EDERAL

EGISTER

and notify the

applicant in writing.

(d) The applicant’s failure to provide

substantial evidence supporting the
statutory conditions for approval of a
particular proposal is grounds for dis-
approval of that proposed restriction.

804

14 CFR Ch. I (1–1–24 Edition)

§ 161.319

(e) The FAA will approve or dis-

approve only the Stage 3 aspects of a
restriction if the restriction applies to
both Stage 2 and Stage 3 aircraft oper-
ations.

(f) An order approving a restriction

may be subject to requirements that
the applicant:

(1) Comply with factual representa-

tions and commitments in support of
the restriction; and

(2) Ensure that any environmental

mitigation actions or commitments by
any party that are set forth in the en-
vironmental documentation provided
in support of the restriction are imple-
mented.

§ 161.319 Withdrawal or revision of re-

striction.

(a) The applicant may withdraw or

revise a proposed restriction at any
time prior to FAA approval or dis-
approval, and must do so if substantial
changes are made as described in
§ 161.309. The applicant shall notify the
FAA in writing of a decision to with-
draw the proposed restriction for any
reason. The FAA will publish a notice
in the F

EDERAL

EGISTER

that it has

terminated its review without preju-
dice to resubmission. A resubmission
will be considered a new application.

(b) A subsequent amendment to a

Stage 3 restriction that was in effect
after October 1, 1990, or an amendment
to a Stage 3 restriction previously ap-
proved by the FAA, is subject to the
procedures in this subpart if the
amendment will further reduce or limit
aircraft operations or affect aircraft
safety. The applicant may, at its op-
tion, revise or amend a restriction pre-
viously disapproved by the FAA and re-
submit it for approval. Amendments
are subject to the same requirements
and procedures as initial submissions.

§ 161.321 Optional use of 14 CFR part

150 procedures.

(a) An airport operator may use the

procedures in part 150 of this chapter,
instead of the procedures described in
§§ 161.303(b) and 161.309(b) of this part,
as a means of providing an adequate
public notice and opportunity to com-
ment on proposed Stage 3 restrictions,
including submitted alternatives.

(b) If the airport operator elects to

use 14 CFR part 150 procedures to com-
ply with this subpart, the operator
shall:

(1) Ensure that all parties identified

for direct notice under § 161.303(b) are
notified that the airport’s 14 CFR part
150 program submission will include a
proposed Stage 3 restriction under part
161, and that these parties are offered
the opportunity to participate as con-
sulted parties during the development
of the 14 CFR part 150 program;

(2) Include the information required

in § 161.303(c) (2) through (5) and § 161.305
in the analysis of the proposed restric-
tion in the 14 CFR part 150 program
submission; and

(3) Include in its 14 CFR part 150 sub-

mission to the FAA evidence of compli-
ance with the notice requirements in
paragraph (b)(1) of this section and in-
clude the information required for a
part 161 application in § 161.311, to-
gether with a clear identification that
the 14 CFR part 150 submission in-
cludes a proposed Stage 3 restriction
for FAA review and approval under
§§ 161.313, 161.315, and 161.317.

posed part 161 restriction on Stage 3
aircraft operations included in the 14
CFR part 150 submission in accordance
with the procedures and standards of
this part, and will review the total 14
CFR part 150 submission in accordance
with the procedures and standards of 14
CFR part 150.

(d) An amendment of a restriction, as

specified in § 161.319(b) of this part, may
also be processed under 14 CFR part 150
procedures.

§ 161.323 Notification of a decision not

to implement a restriction.

If a Stage 3 restriction has been ap-

proved by the FAA and the restriction
is not subsequently implemented, the
applicant shall so advise the interested
parties specified in § 161.309(a) of this
part.

§ 161.325 Availability of data and com-

ments on an implemented restric-

tion.

The applicant shall retain all rel-

evant supporting data and all com-
ments relating to an approved restric-
tion for as long as the restriction is in

805

Federal Aviation Administration, DOT

§ 161.405

effect and shall make these materials
available for inspection upon request
by the FAA. This information shall be
made available for inspection by any
person during the pendency of any peti-
tion for reevaluation found justified by
the FAA.

Subpart E—Reevaluation of Stage

3 Restrictions

§ 161.401 Scope.

This subpart applies to an airport im-

posing a noise or access restriction on
the operation of Stage 3 aircraft that
first became effective after October 1,
1990, and had either been agreed to in
compliance with the procedures in sub-
part B of this part or approved by the
FAA in accordance with the procedures
in subpart D of this part. This subpart
does not apply to Stage 2 restrictions
imposed by airports. This subpart does
not apply to Stage 3 restrictions spe-
cifically exempted in § 161.7.

§ 161.403 Criteria for reevaluation.

(a) A request for reevaluation must

be submitted by an aircraft operator.

(b) An aircraft operator must dem-

onstrate to the satisfaction of the FAA
that there has been a change in the
noise environment of the affected air-
port and that a review and reevalua-
tion pursuant to the criteria in § 161.305
is therefore justified.

(1) A change in the noise environ-

ment sufficient to justify reevaluation
is either a DNL change of 1.5 dB or
greater (from the restriction’s antici-
pated target noise level result) over
noncompatible land uses, or a change
of 17 percent or greater in the non-
compatible land uses, within an airport
noise study area. For approved restric-
tions, calculation of change shall be
based on the divergence of actual noise
impact of the restriction from the esti-
mated noise impact of the restriction
predicted in the analysis required in
§ 161.305(e)(2)(i)(A)(

)(

). The change in

the noise environment or in the non-
compatible land uses may be either an
increase or decrease in noise or in non-
compatible land uses. An aircraft oper-
ator may submit to the FAA reasons
why a change that does not fall within
either of these parameters justifies re-
evaluation, and the FAA will consider

such arguments on a case-by-case
basis.

(2) A change in the noise environ-

ment justifies reevaluation if the
change is likely to result in the restric-
tion not meeting one or more of the
conditions for approval set forth in
§ 161.305 of this part for approval. The
aircraft operator must demonstrate
that such a result is likely to occur.

than 2 years after the date of the FAA
approval. The FAA will normally apply
the same 2-year requirement to agree-
ments under subpart B of this part that
affect Stage 3 aircraft operations. An
aircraft operator may submit to the
FAA reasons why an agreement under
subpart B of this part should be re-
evaluated in less than 2 years, and the
FAA will consider such arguments on a
case-by-case basis.

(d) An aircraft operator must dem-

onstrate that it has made a good faith
attempt to resolve locally any dispute
over a restriction with the affected
parties, including the airport operator,
before requesting reevaluation by the
FAA. Such demonstration and certifi-
cation shall document all attempts of
local dispute resolution.

[Doc. No. 26432, 56 FR 48698, Sept. 25, 1991; 56
FR 51258, Oct. 10, 1991]

§ 161.405 Request for reevaluation.

(a) A request for reevaluation sub-

mitted to the FAA by an aircraft oper-
ator must include the following infor-
mation:

(1) The name of the airport and asso-

ciated cities and states;

(2) A clear, concise description of the

restriction and any sanctions for non-
compliance, whether the restriction
was approved by the FAA or agreed to
by the airport operator and aircraft op-
erators, the date of the approval or
agreement, and a copy of the restric-
tion as incorporated in a local ordi-
nance, airport rule, lease, or other doc-
ument;

(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;

806

14 CFR Ch. I (1–1–24 Edition)

§ 161.407

(5) 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; and

(6) A description and evidence of the

aircraft operator’s attempt to resolve
the dispute locally with the affected
parties, including the airport operator.

(b) The FAA will evaluate the air-

craft operator’s submission and deter-
mine whether or not a reevaluation is
justified. The FAA may request addi-
tional information from the airport op-
erator or any other party and may con-
vene an informal meeting to gather
facts relevant to its determination.

operator in writing, with a copy to the
affected airport operator, of its deter-
mination.

(1) If the FAA determines that a re-

evaluation is not justified, it will indi-
cate the reasons for this decision.

(2) If the FAA determines that a re-

evaluation is justified, the aircraft op-
erator will be notified to complete its
analysis and to begin the public notice
procedure, as set forth in this subpart.

§ 161.407 Notice of reevaluation.

(a) After receiving an FAA deter-

mination that a reevaluation is justi-
fied, an aircraft operator desiring con-
tinuation of the reevaluation process
shall publish a notice of request for re-
evaluation in an areawide newspaper or
newspapers that either singly or to-
gether has general circulation through-
out the airport noise study area (or the
airport vicinity for agreements where
an airport noise study area has not
been delineated); post a notice in the
airport in a prominent location acces-
sible to airport users and the public;
and directly notify in writing the fol-
lowing parties:

(1) The airport operator, other air-

craft operators providing scheduled
passenger or cargo service at the air-
port, operators of aircraft based at the
airport, potential new entrants that
are known to be interested in serving
the airport, and aircraft 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 airport noise study
area (or the airport vicinity for agree-
ments where an airport noise study
area has not been delineated);

(4) Fixed-base operators and other

airport tenants whose operations may
be affected by the agreement or the re-
striction;

(5) Community groups and business

organizations that are known to be in-
terested in the restriction; and

(6) Any other party that commented

on the original restriction.

(b) Each notice provided in accord-

ance with paragraph (a) of this section
shall include:

(1) The name of the airport and asso-

ciated cities and states;

(2) A clear, concise description of the

restriction, including whether the re-
striction was approved by the FAA or
agreed to by the airport operator and
aircraft operators, and the date of the
approval or agreement;

(3) The name of the aircraft operator

requesting a reevaluation, and a state-
ment that a reevaluation has been re-
quested and that the FAA has deter-
mined that a reevaluation is justified;

(4) A brief discussion of the reasons

why a reevaluation is justified;

(5) An analysis prepared in accord-

ance with § 161.409 of this part sup-
porting the aircraft operator’s reevalu-
ation request, or an announcement of
where the analysis is available for pub-
lic inspection;

(6) An invitation to comment on the

analysis supporting the proposed re-
evaluation, with a minimum 45-day
comment period;

(7) Information on how to request a

copy of the analysis (if not in the no-
tice); and

(8) The address for submitting com-

ments to the aircraft operator, includ-
ing identification of a contact person.

§ 161.409 Required analysis by reevalu-

ation petitioner.

(a) An aircraft operator that has pe-

titioned the FAA to reevaluate a re-
striction shall assume the burden of
analysis for the reevaluation.

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).

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

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.

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.

its reevaluation findings in the F

ERAL

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

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

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

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

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.

apply if an airport operator does not

810

14 CFR Ch. I (1–1–24 Edition)

Pt. 169

agree in writing, within 20 days of re-
ceipt of the FAA’s notice of apparent
violation under § 161.503, to defer imple-
mentation or enforcement of its noise
or access restriction until completion
of the process under this subpart to de-
termine 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

EGISTER

(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. If
the FAA finds satisfactory evidence of
compliance, the FAA will notify the
airport operator in writing and publish
notice of compliance in the F

EDERAL

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 pro-
cedures in paragraphs (b)(3) through
(b)(5) of this section will be followed.

PART 169—EXPENDITURE OF FED-

ERAL FUNDS FOR NONMILITARY
AIRPORTS OR AIR NAVIGATION
FACILITIES THEREON

Sec.
169.1

Applicability.

169.3

Application for recommendation and

certification.

169.5

FAA determination.

UTHORITY

: 49 U.S.C. 106(g), 40101–40107,

40113–40114, 44501–44502, 46104, 47122, 47151–
47153, 47302–47306.

§ 169.1 Applicability.

(a) This part prescribes the require-

ments for issuing a written rec-
ommendation and certification that a
proposed project is reasonably nec-
essary for use in air commerce or in
the interests of national defense. The
first two sentences of section 308(a) of
the Federal Aviation Act of 1958 (49
U.S.C. 1349(a)): (1) Require such a rec-
ommendation and certification where
Federal funds are to be expended for
nonmilitary purposes for airports or
air navigation facilities thereon; and
(2) provide that any interested person
may apply to the Administrator, under
regulations prescribed by him, for a
recommendation and certification.

(b) This part does not apply to

projects for the expenditure of Federal
funds for military purposes or for air-
ports, or air navigation facilities there-
on, operated by the Federal Aviation
Administration.

[Doc. No. 9256, 34 FR 5718, Mar. 27, 1969]

§ 169.3 Application for recommenda-

tion and certification.

(a) Any interested person may apply

to the Administrator for a rec-
ommendation and certification with
respect to a proposed project for the
acquisition, establishment, construc-
tion, alteration, repair, maintenance,
or operation of an airport or an air
navigation facility thereon by or in his
interests, on which Federal funds are
proposed to be expended for non-
military purposes. The application
shall be filed with the Regional Air-
ports Division or Airports District Of-
fice, whichever is appropriate, in whose
geographical area the airport is lo-
cated. The application must state—

(1) The name and address of the ap-

plicant, the owner of the airport, and
the individual responsible for its oper-
ation and maintenance, and the inter-
est of the applicant in the matter;

(2) The location of the airport, and of

any air navigation facilities thereon;

(3) A technical description of the

project;

(4) The information contained in the

notice required by § 157.3 of this chap-
ter; and

(5) All available pertinent data relat-

ing to the necessity of the airport or