PART 161--NOTICE AND APPROVAL 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 methods.
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 restrictions.
161.205 Required analysis of proposed restriction and alternatives.
161.207 Comment by interested parties.
161.209 Requirements for proposal changes.
161.211 Optional use of 14 CFR part 150 procedures.
161.213 Notification of a decision not to implement 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 restriction.
161.321 Optional use of 14 CFR part 150 procedures.
161.323 Notification of a decision not to implement 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 apparent violation.
161.505 Notice of proposed termination of airport grant funds and passenger
facility charges.
Authority: 49 U.S.C. App. 1301, 1305, 1348, 1349(a), 1354, 1421, 1423, and
1486, 49 U.S.C. App. 1655(c), 49 U.S.C. App. 2101, 2102, 2103(a), and 2104(a)
and (b), 49 U.S.C. 2210(a)(5), and 49 U.S.C. App. 2153, 2154, 2155, and 2156.
This part implements the Airport Noise and Capacity Act of 1990 (49 U.S.C.
App. 2153, 2154, 2155, and 2156). It prescribes:
(a) Notice requirements and procedures for airport operators implementing
Stage 3 aircraft noise and access restrictions pursuant to agreements between
airport operators and aircraft operators;
(b) Analysis and notice requirements for airport operators proposing Stage
2 aircraft noise and access restrictions;
(c) Notice, review, and approval requirements for airport operators
proposing Stage 3 aircraft noise and access restrictions; and
(d) Procedures for Federal Aviation Administration reevaluation of
agreements containing restrictions on Stage 3 aircraft operations and of
aircraft noise and access restrictions affecting Stage 3 aircraft operations
imposed by airport operators.
Sec. 161.3 Applicability.
(a) This part applies to airports imposing restrictions on Stage 2 aircraft
operations proposed after October 1, 1990, and to airports imposing
restrictions 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 October 1, 1990, but amended after that
date, where the amendment reduces or limits aircraft operations or affects
aircraft safety.
(c) The notice, review, and approval requirements set forth in this part
apply to all airports imposing noise or access restrictions as defined in
Sec. 161.5 of this part.
Sec. 161.5 Definitions.
For the purposes of this part, the following definitions apply:
Agreement means a document in writing signed by the airport operator; those
aircraft operators currently operating at the airport that would be affected
by the noise or access restriction; 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 operations
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 aircraft, 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 intended to be used for airport buildings
or other airport facilities or rights-of-way, together with all airport
buildings and facilities located thereon.
Airport noise study area means that area surrounding the airport within the
noise contour selected by the applicant 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 following categories of aircraft operators:
air carriers operating under parts 121 or 129 of this chapter; commuters and
other carriers operating under parts 127 and 135 of this chapter; general
aviation, military, or government operations.
Day-night average sound level (DNL) means the 24-hour average sound level,
in decibels, for the period from midnight 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 midnight, local time, as defined in 14 CFR
part 150. (The scientific notation for DNL is Ldn).
Noise or access restrictions means restrictions (including but not limited
to provisions of ordinances and leases) affecting access or noise that affect
the operations of Stage 2 or Stage 3 aircraft, such as limits on the noise
generated on either a single-event or cumulative basis; a limit, direct or
indirect, on the total number of Stage 2 or Stage 3 aircraft operations; a
noise budget or noise allocation program that includes Stage 2 or Stage 3
aircraft; a restriction imposing limits on hours of operations; a program of
airport-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 definition does not include
peak-period pricing programs where the objective is to align the number of
aircraft operations 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.
Sec. 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
departure procedures and profiles, and flight tracks, are not subject to this
part. Other noise abatement procedures, such as taxiing and engine runups,
are not subject to this part unless the procedures imposed limit the total
number of Stage 2 or Stage 3 aircraft 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 negotiated or executed airport aircraft
noise or access agreement between the airport operator and the aircraft
operator in effect on November 5, 1990.
(2) A local action to enforce a negotiated 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
access restriction in effect on November 5, 1990.
(4) A subsequent amendment to an airport aircraft noise or access agreement
or restriction in effect on November 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
October 1, 1990, and that was stayed as of October 1, 1990, by a court order
or as a result of litigation, if such restriction, 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
restriction imposed by an airport operator to replace such disallowed
restriction, if such new restriction would not prohibit aircraft operations
in effect on November 5, 1990.
(7) A local action that represents the adoption of the final portion of a
program 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 effect on November 5, 1990.
(c) The notice, review, and approval requirements of subpart D of this part
with regard to Stage 3 aircraft restrictions do not apply if the FAA has,
prior to November 5, 1990, formed a working group (outside of the process
established 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 agreement relating to noise reductions at such airport is then entered
into between the airport proprietor and an air carrier or air carrier
constituting a majority of the air carrier users of such airport, the
requirements of subparts B and D of this part with respect to restrictions on
Stage 3 aircraft operations do apply to local actions to enforce 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
following:
(1) Existing law with respect to airport noise or access restrictions by
local authorities;
(2) Any proposed airport noise or access regulation at a general aviation
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 considers appropriate, including
injunctive relief.
Sec. 161.9 Designation of noise description methods.
For purposes of this part, the following requirements apply:
(a) The sound level at an airport and surrounding areas, and the exposure
of individuals to noise resulting from operations at an airport, must be
established in accordance with the specifications and methods prescribed
under appendix 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 appendix A of 14 CFR part 150.
Sec. 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-exposure levels to individuals around
airports must be identified in accordance with the criteria prescribed under
appendix A of 14 CFR part 150. Determination of land use must be based on
professional planning, zoning, and building and site design information and
expertise.
Subpart B--Agreements
Sec. 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 serving or will be serving such
airport within 180 days of the date of the proposed 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 restriction; and
(3) All new entrants that have submitted the information required under
Sec. 161.105(a) of this part.
(c) This subpart does not apply to restrictions exempted in Sec. 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
operation 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 agreement is not covered by this subpart except that an aircraft operator
may apply for sanctions pursuant to subpart F of this part for restrictions
the airport operator seeks to impose other than those in the agreement.
Sec. 161.103 Notice of the proposed restriction.
(a) An airport operator may not implement a Stage 3 restriction pursuant to
an agreement with all affected aircraft 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 restriction in an areawide
newspaper or newspapers that either singly or together has general
circulation throughout the airport vicinity or airport noise study area, if
one has been delineated; post a notice in the airport in a prominent location
accessible to airport 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 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 Administration;
(3) Each Federal, state, and local agency with land use control
jurisdiction within the vicinity of the airport, 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
interested in the proposed restriction.
(c) Each direct notice provided in accordance with paragraph (b) of this
section shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the proposed restriction, including
sanctions for noncompliance and a statement that it will be implemented
pursuant to a signed agreement;
(3) A brief discussion of the specific need for and goal of the proposed
restriction;
(4) Identification of the operators and the types of aircraft expected to
be affected;
(5) The proposed effective date of the restriction and any proposed
enforcement 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 Sec.
161.105 of this part; and
(9) Information on how to submit a new entrant application, comments, and
the address for submitting applications and comments to the airport operator,
including identification of a contact person at the airport.
(d) The Federal Aviation Administration will publish an announcement of the
proposed restriction in the Federal Register.
(a) Within 45 days of the publication of the notice of a proposed
restriction by the airport operator under Sec. 161.103(b) of this part, any
person intending to provide new air service to the airport within 180 days of
the proposed date of implementation of the restriction (as evidenced by
submission of a plan of operations to the airport operator) must notify the
airport operator if it would be affected by the restriction 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 Sec. 161.105(a) of this part to
notify the airport operator that it objects to the proposed 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 sanctions 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
Sec. 161.107(a) of this part.
(c) All other new entrants are also ineligible to use lack of signature as
ground to apply for sanctions under subpart F of this part for two years.
Sec. 161.107 Implementation of the restriction.
(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 Sec. 161.101(b) of this part.
(b) An airport operator may not implement a restriction pursuant to an
agreement until the notice and comment requirements of Sec. 161.103 of this
part have been met.
(c) Each airport operator must notify the Federal Aviation Administration
of the implementation of a restriction pursuant to an agreement and must
include in the notice evidence of compliance with Sec. 161.103 and a copy of
the signed agreement.
Sec. 161.109 Notice of termination of restriction pursuant to an agreement.
An airport operator must notify the FAA within 10 days of the date of
termination of a restriction pursuant to an agreement under this subpart.
Sec. 161.111 Availability of data and comments on a restriction implemented
pursuant to an agreement.
The airport operator shall retain all relevant supporting data and all
comments relating to a restriction implemented 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 justified by the FAA.
Sec. 161.113 Effect of agreements; limitation 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 implemented in accordance with subpart
D of this part.
(b) A restriction implemented by an airport operator pursuant to this
subpart may be subject to reevaluation by the FAA under subpart E of this
part.
Subpart C--Notice Requirements for Stage 2 Restrictions
Sec. 161.201 Scope.
(a) This subpart applies to:
(1) An airport imposing a noise or access restriction on the operation of
Stage 2 aircraft, but not Stage 3 aircraft, proposed after October 1, 1990.
(2) An airport imposing an amendment to a Stage 2 restriction, if the
amendment is proposed after October 1, 1990, and reduces or limits Stage 2
aircraft operations (compared to the restriction that it amends) or affects
aircraft safety.
(b) This subpart does not apply to an airport imposing a Stage 2
restriction specifically exempted in Sec. 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.
Sec. 161.203 Notice of proposed restriction.
(a) An airport operator may not implement a Stage 2 restriction within the
scope of Sec. 161.201 unless the airport operator provides an analysis of the
proposed restriction, prepared in accordance with Sec. 161.205, and a public
notice 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 restriction.
(b) Except as provided in Sec. 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
accessible to airport users and the public; and directly notify in writing
the following 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
operators known to be routinely providing nonscheduled service that may be
affected by the proposed restriction;
(2) The Federal Aviation Administration;
(3) Each Federal, state, and local agency with land-use control
jurisdiction 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
interested in the proposed restriction.
(c) Each notice provided in accordance with paragraph (b) of this section
shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the proposed restriction, including a
statement that it will be a mandatory Stage 2 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 the types of aircraft expected to
be affected;
(5) The proposed effective date of the restriction, the proposed method of
implementation (e.g., city ordinance, airport rule, lease), and any proposed
enforcement mechanism;
(6) An analysis of the proposed restriction, as required by Sec. 161.205 of
this subpart, or an announcement of where the analysis is available for
public inspection;
(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
proposed restriction, including any sanctions for noncompliance, and the
analysis (if not included with the notice); and
(9) The address for submitting comments to the airport operator, including
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, including any sanctions for
noncompliance.
(e) The Federal Aviation Administration will publish an announcement of the
proposed Stage 2 restriction in the Federal Register.
Sec. 161.205 Required analysis of proposed 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
proposed noise or access restriction;
(2) A description of alternative restrictions; and
(3) A description of the alternative measures considered that do not
involve aircraft restrictions, and a comparison 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 systems and identify the airport
noise study area as specified in Secs. 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 restriction 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.
(c) The kinds of information set forth in Sec. 161.305 are useful elements
of an adequate analysis of a noise or access restriction on Stage 2 aircraft
operations.
Sec. 161.207 Comment by interested parties.
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.
Sec. 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
noncompatible land uses, and make available any changes to the proposed
restriction and its analysis. Interested parties include those that received
direct notice under Sec. 161.203(b), or those that were required to be
consulted in accordance with the procedures in Sec. 161.211 of this part, and
those that have commented on the proposed restriction.
(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 notice following the procedures in Sec. 161.203 or,
alternatively, the procedures in Sec. 161.211. A substantial change includes,
but is not limited to, a proposal that would increase the burden on any
aviation user class.
(c) In addition to the information in Sec. 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 restriction. The effective date of the restriction must be at least 180
days after the date the new notice and revised analysis are made available
for public comment.
Sec. 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 Secs. 161.203(b) and
161.209(b), as a means of providing an adequate public notice and comment
opportunity on a proposed Stage 2 restriction.
(b) If the airport operator elects to use 14 CFR part 150 procedures to
comply with this subpart, the operator shall:
(1) Ensure that all parties identified for direct notice under Sec.
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 opportunity 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 Sec. 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 availability of the above analysis for
review by the consulted parties and compliance with the above notice
requirements before implementing the Stage 2 restriction; and
(5) Include in its 14 CFR part 150 submission to the FAA evidence of
compliance with paragraphs (b)(1) and (b)(4) of this section, and the
analysis in paragraph (b)(3) of this section, together with a clear
identification that the 14 CFR part 150 program includes a proposed Stage 2
restriction under part 161.
(c) The FAA determination on the 14 CFR part 150 submission does not
constitute 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.
Sec. 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
described in Sec. 161.209(a).
Subpart D--Notice, Review, and Approval Requirements for
Stage 3 Restrictions
Sec. 161.301 Scope.
(a) This subpart applies to:
(1) An airport imposing a noise or access restriction on the operation of
Stage 3 aircraft that first became effective after October 1, 1990.
(2) An airport imposing an amendment to a Stage 3 restriction, if the
amendment becomes effective after October 1, 1990, and reduces or limits
Stage 3 aircraft operations (compared to the restriction that it amends) or
affects aircraft safety.
(b) This subpart does not apply to an airport imposing a Stage 3
restriction specifically exempted in Sec. 161.7, or an agreement complying
with subpart B of this part.
(c) A Stage 3 restriction within the 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 restrictions that are proposed by, or on
behalf of, an entity empowered to implement the restriction.
Sec. 161.303 Notice of proposed restrictions.
(a) Each airport operator or aircraft operator (hereinafter referred to as
applicant) proposing a Stage 3 restriction shall provide public notice and an
opportunity for public comment, as prescribed in this subpart, before
submitting the restriction to the FAA for review and approval.
(b) Except as provided in Sec. 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 circulation throughout the airport
noise study area; post a notice in the airport in a prominent location
accessible to airport users and the public; and directly notify in writing
the following 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
operators known to be routinely providing nonscheduled service that may be
affected by the proposed restriction;
(2) The Federal Aviation Administration;
(3) Each Federal, state, and local agency with land-use control
jurisdiction 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
interested in the proposed restriction.
(c) Each notice provided in accordance with paragraph (b) of this section
shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the proposed restriction (and any
alternatives, in order of preference), including a statement that it will be
a mandatory 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
affected;
(5) The proposed effective date of the restriction, the proposed method of
implementation (e.g., city ordinance, airport rule, lease, or other
document), and any proposed enforcement mechanism;
(6) An analysis of the proposed restriction, in accordance with Sec.
161.305 of this part, or an announcement regarding 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 period;
(8) Information on how to request a copy of the complete text of the
restriction, including any sanctions for noncompliance, and the analysis (if
not included with the notice); and
(9) The address for submitting comments to the airport operator or aircraft
operator proposing the restriction, including identification of a contact
person.
(d) Applicants may propose alternative restrictions, including partial
implementation of any proposal, and indicate an order of preference. If
alternative restriction proposals are submitted, the requirements listed in
paragraphs (c)(2) through (c)(6) of this section should address the
alternative proposals where appropriate.
Sec. 161.305 Required analysis and conditions for approval of proposed
restrictions.
Each applicant proposing a noise or access restriction on Stage 3
operations shall prepare and make available for public comment an analysis
that supports, by substantial evidence, that the six statutory conditions for
approval have been met for each restriction and any alternatives submitted.
The statutory conditions are set forth in 49 U.S.C. App. 2153(d)(2) and
paragraph (e) of this section. Any proposed restriction (including
alternatives) 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 entirety. (Nothing in this
section is intended to add a requirement for the issuance of restrictions on
Stage 2 aircraft to those of subpart C of this part.) The applicant shall
provide:
(a) The complete text of the proposed restriction and any submitted
alternatives, including the proposed wording in a city ordinance, airport
rule, lease, or other document, and any sanctions for noncompliance;
(b) Maps denoting the airport geographic boundary, and the geographic
boundaries and names of each jurisdiction that controls land use within the
airport noise study area;
(c) An adequate environmental assessment of the proposed restriction or
adequate information supporting a categorical exclusion in accordance with
FAA orders and procedures regarding compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321);
(d) A summary of the evidence in the submission supporting the six
statutory 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 reasonable, nonarbitrary, and
nondiscriminatory. (A) Essential information needed to demonstrate this
condition includes the following:
(1) Evidence that a current or projected noise or access problem exists,
and that the proposed action(s) could relieve the problem, including:
(i) A detailed description of the problem precipitating the proposed
restriction with relevant background information on factors contributing to
the proposal and any court-ordered action or estimated liability concerns; a
description of any noise agreements or noise or access restrictions currently
in effect at the airport; and measures taken to achieve land-use
compatibility, such as controls or restrictions on land use in the vicinity
of the airport and measures carried out in response to 14 CFR part 150; and
actions taken to comply with grant assurances requiring that:
(A) 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
(B) The sponsor give fair consideration to the interests of communities in
or near where the project may be located; take appropriate action, including
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
airport operations; and not cause or permit any change in land use, within
its jurisdiction, that will reduce the compatibility (with respect to the
airport) of any noise compatibility program measures upon which federal funds
have been expended.
(ii) An analysis of the estimated noise impact of aircraft operations with
and without the proposed restriction for the year the restriction is expected
to be implemented, for a forecast timeframe after implementation, and for any
other years critical to understanding the noise impact of the proposed
restriction. The analysis of noise impact with and without the proposed
restriction including:
(A) Maps of the airport noise study area overlaid with noise contours as
specified in Secs. 161.9 and 161.11 of this part;
(B) The number of people and the noncompatible land uses within the airport
noise study area with and without the proposed restriction for each year the
noise restriction is analyzed;
(C) Technical data supporting the noise impact analysis, including the
classes of aircraft, fleet mix, runway use percentage, and day/night breakout
of operations; and
(D) Data on current and projected airport activity that would exist in the
absence of the proposed restriction.
(2) 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
implement.
(3) Evidence that the noise or access standards are the same for all
aviation user classes or that the differences are justified, such as:
(i) A description of the relationship of the effect of the proposed
restriction on airport users (by aviation user class); and
(ii) The noise attributable to these users in the absence of the proposed
restriction.
(B) At the applicant's discretion, information may also be submitted as
follows:
(1) 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 example, comparative economic analyses of
the costs and benefits of the proposed restriction and aircraft and
nonaircraft alternative measures. For detailed elements of analysis, see
paragraph (e)(2)(ii)(A) of this section.
(2) 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
reasonably 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 information needed to
demonstrate this statutory condition includes:
(1) Evidence, based on a cost-benefit analysis, that the estimated
potential benefits of the restriction have a reasonable chance to exceed the
estimated potential cost of the adverse effects on interstate and foreign
commerce. In preparing the economic analysis required by this section, the
applicant shall use currently accepted economic methodology, specify the
methods used and assumptions underlying the analysis, and consider:
(i) The effect of the proposed restriction on operations of aircraft by
aviation user class (and for air carriers, the number of operations of
aircraft by carrier), and on the volume of passengers and cargo for the year
the restriction is expected to be implemented and for the forecast timeframe.
(ii) The estimated costs of the proposed restriction and alternative
nonaircraft restrictions including the following, as appropriate:
(A) Any additional cost of continuing aircraft operations under the
restriction, including reasonably available information concerning any net
capital costs of acquiring or retrofitting aircraft (net of salvage value and
operating efficiencies) by aviation user class; and any incremental recurring
costs;
(B) 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
entities: and/or any significant economic effect on parties other than
aviation users.
(C) Costs associated with implementing nonaircraft restrictions or
nonaircraft components of restrictions, such as reasonably available
information concerning estimates of capital costs for real property,
including redevelopment, soundproofing, noise easements, and purchase of
property interests; and estimates of associated incremental recurring costs;
or an explanation of the legal or other impediments to implementing such
restrictions.
(D) Estimated benefits of the proposed restriction and alternative
restrictions that consider, as appropriate, anticipated increase in real
estate values and future construction cost (such as sound insulation)
savings; anticipated increase in airport revenues; quantification of the
noise benefits, such as number of people removed from noise contours and
improved work force and/or educational productivity, if any; valuation of
positive safety effects, if any; and/or other qualitative benefits, including
improvements in quality of life.
(B) At the applicant's discretion, information may also be submitted as
follows:
(1) Evidence that the affected carriers have a reasonable chance to
continue service at the airport or at other points in the national airport
system.
(2) Evidence that other air carriers are able to provide adequate service
to the airport and other points in the system without diminishing
competition.
(3) Evidence that comparable services or facilities are available at
another airport controlled by the airport operator in the market area,
including services available at other airports.
(4) Evidence that alternative transportation service can be attained
through other means of transportation.
(5) Information on the absence of adverse evidence or adverse comments with
respect to undue burden in the notice process required in Sec. 161.303, or
alternatively in Sec. 161.321, of this part as evidence that there is no
undue burden.
(iii) Condition 3: The proposed restriction maintains safe and efficient
use of the navigable airspace. Essential information needed to demonstrate
this statutory condition includes evidence that the proposed restriction
maintains safe and efficient use of the navigable airspace based upon:
(A) Identification of airspace and obstacles 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
restriction maintains or enhances safe and efficient use of the navigable
airspace. The analysis shall include a description of the methods and data
used.
(iv) Condition 4: The proposed restriction does not conflict with any
existing Federal statute or regulation. Essential information needed to
demonstrate this condition includes evidence demonstrating that no conflict
is presented between the proposed restriction and any existing Federal
statute or regulation, including those governing:
(A) Exclusive rights;
(B) Control of aircraft operations; and
(C) Existing Federal grant agreements.
(v) Condition 5: The applicant has provided adequate opportunity for public
comment on the proposed restriction. Essential information needed to
demonstrate this condition includes evidence that there has been adequate
opportunity for public comment on the restriction as specified in Sec.
161.303 or Sec. 161.321 of this part.
(vi) Condition 6: The proposed restriction 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
create 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;
(C) The absence of comments with respect to imposition of an undue burden
on the national aviation system in response to the notice required in Sec.
161.303 or Sec. 161.321.
Sec. 161.307 Comment by interested parties.
(a) Each applicant proposing a restriction 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.
(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.
Sec. 161.309 Requirements for proposal changes.
(a) Each applicant shall promptly advise 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 effective 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 direct notice under Sec. 161.303(b) of this part, or those who were
required to be consulted in accordance with the procedures in Sec. 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 new notice in accordance
with the procedures in Sec. 161.303 or, alternatively, the procedures in Sec.
161.321. These requirements apply to substantial changes that are not
encompassed in submitted alternative restriction proposals and their
analyses. A substantial change to a restriction includes, but is not limited
to, any proposal that would increase the burden on any aviation user class.
(c) In addition to the information in Sec. 161.303(c), a new notice must
indicate that the applicant is revising a previous notice, provide the reason
for making the revision, and provide a new effective date (if any) for the
restriction.
(d) If substantial changes requiring a new notice are made during the FAA's
180-day review of the proposed restriction, the applicant submitting the
proposed 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.
Sec. 161.311 Application procedure for approval of proposed restriction.
Each applicant proposing a Stage 3 restriction shall submit to the FAA the
following information for each restriction and alternative restriction
submitted, with a request that the FAA review and approve the proposed Stage
3 noise or access restriction:
(a) A summary of evidence of the fulfillment of conditions for approval, as
specified in Sec. 161.305;
(b) An analysis as specified in Sec. 161.305, as appropriate to the
proposed restriction;
(c) A statement that the entity submitting the proposal is the party
empowered 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
disapproval 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 applicant requesting partial approval
of any proposal should indicate its priorities as to portions of the proposal
to be approved.
Sec. 161.313 Review of application.
(a) Determination of completeness. The FAA, within 30 days of receipt of an
application, will determine whether the application is complete in accordance
with Sec. 161.311. Determinations of completeness 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
complete 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 Federal
Register in accordance with Sec. 161.315. The 180-day period for approving or
disapproving the proposed restriction will start on the date of original FAA
receipt of the application.
(2) Following review of the application, public comments, and any other
information obtained under Sec. 161.317(b), the FAA will issue a decision
approving or disapproving the proposed restriction. This decision is a final
decision of the Administrator for purpose of judicial review.
(c) Process for incomplete application. If the FAA determines that an
application is not complete with respect to any submitted restriction or
alternative restriction, the following procedures apply:
(1) The FAA shall notify the applicant in writing, returning the
application and setting forth the type of information and analysis needed to
complete the application in accordance with Sec. 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 supplement the application, the
application will be denied. This closes the matter without prejudice to later
application and does not constitute disapproval of the proposed restriction.
(4) If the applicant chooses to resubmit and supplement the application,
the following procedures apply:
(i) Upon receipt of the resubmitted application, the FAA determines whether
the application, as supplemented, is complete as set forth in paragraph (a)
of this section.
(ii) If the application is complete, the procedures set forth in Sec.
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
applicant as set forth in paragraph (c)(1) of this section and provides the
applicant with an additional opportunity to supplement the application as set
forth in paragraph (c)(2) of this section.
(iv) If the environmental documentation (either an environmental assessment
or information supporting a categorical 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 provided. When the application is determined
to be complete, including the environmental documentation, the 180-day period
for approval or disapproval will begin upon receipt of the last supplement to
the application.
(v) Following review of the application and its supplements, public
comments, and any other information obtained under Sec. 161.317(b), the FAA
will issue a decision approving or disapproving the application. This
decision is a final decision of the Administrator for the purpose of judicial
review.
(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 complete the application. This closes the
matter without prejudice to later application, and does not constitute
disapproval of the proposed restriction.
Sec. 161.315 Receipt of complete application.
(a) When a complete application has been received, the FAA will notify the
applicant by letter that the FAA intends to act on the application.
(b) The FAA will publish notice of the proposed restriction in the Federal
Register, inviting interested parties to file comments on the application
within 30 days after publication of the Federal Register notice.
Sec. 161.317 Approval or disapproval of proposed restriction.
(a) Upon determination that an application 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 application. The FAA will not act on any
proposal for which the applicant has declined to submit additional necessary
information.
(b) The FAA will review the applicant'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.
(c) The FAA will evaluate the proposal and issue an order approving or
disapproving the proposed restriction and any submitted alternatives, in
whole or in part, in the order of preference indicated by the applicant. Once
the FAA approves a proposed restriction, 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 Sec. 161.313. The FAA will publish its decision in
the Federal Register 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
disapproval of that proposed restriction.
(e) The FAA will approve or disapprove only the Stage 3 aspects of a
restriction if the restriction applies to both Stage 2 and Stage 3 aircraft
operations.
(f) An order approving a restriction may be subject to requirements that
the applicant:
(1) Comply with factual representations 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 environmental documentation provided in
support of the restriction are implemented.
Sec. 161.319 Withdrawal or revision of restriction.
(a) The applicant may withdraw or revise a proposed restriction at any time
prior to FAA approval or disapproval, and must do so if substantial changes
are made as described in Sec. 161.309. The applicant shall notify the FAA in
writing of a decision to withdraw the proposed restriction for any reason.
The FAA will publish a notice in the Federal Register that it has terminated
its review without prejudice 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
approved 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 option, revise or amend a restriction
previously disapproved by the FAA and resubmit it for approval. Amendments
are subject to the same requirements and procedures as initial submissions.
Sec. 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 Secs. 161.303(b) and 161.309(b) of
this part, as a means of providing an adequate public notice and opportunity
to comment on proposed Stage 3 restrictions, including submitted
alternatives.
(b) If the airport operator elects to use 14 CFR part 150 procedures to
comply with this subpart, the operator shall:
(1) Ensure that all parties identified for direct notice under Sec.
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 consulted parties
during the development of the 14 CFR part 150 program;
(2) Include the information required in Sec. 161.303(c) (2) through (5) and
Sec. 161.305 in the analysis of the proposed restriction in the 14 CFR part
150 program submission; and
(3) Include in its 14 CFR part 150 submission to the FAA evidence of
compliance with the notice requirements in paragraph (b)(1) of this section
and include the information required for a part 161 application in Sec.
161.311, together with a clear identification that the 14 CFR part 150
submission includes a proposed Stage 3 restriction for FAA review and
approval under Secs. 161.313, 161.315, and 161.317.
(c) The FAA will evaluate the proposed 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 Sec. 161.319(b) of this
part, may also be processed under 14 CFR part 150 procedures.
Sec. 161.323 Notification of a decision not to implement a restriction.
If a Stage 3 restriction has been approved by the FAA and the restriction
is not subsequently implemented, the applicant shall so advise the interested
parties specified in Sec. 161.309(a) of this part.
Sec. 161.325 Availability of data and comments on an implemented
restriction.
The applicant shall retain all relevant supporting data and all comments
relating to an approved restriction for as long as the restriction is in
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 petition for reevaluation found justified
by the FAA.
Subpart E--Reevaluation of Stage 3 Restrictions
Sec. 161.401 Scope.
This subpart applies to an airport imposing 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 Subpart 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 specifically exempted in Sec. 161.7.
Sec. 161.403 Criteria for reevaluation.
(a) A request for reevaluation must be submitted by an aircraft operator.
(b) An aircraft operator must demonstrate to the satisfaction of the FAA
that there has been a change in the noise environment of the affected airport
and that a review and reevaluation pursuant to the criteria in Sec. 161.305
is therefore justified.
(1) A change in the noise environment sufficient to justify reevaluation is
either a DNL change of 1.5 dB or greater (from the restriction's anticipated
target noise level result) over noncompatible land uses, or a change of 17
percent or greater in the noncompatible land uses, within an airport noise
study area. For approved restrictions, calculation of change shall be based
on the divergence of actual noise impact of the restriction from the
estimated noise impact of the restriction predicted in the analysis required
in Sec. 161.305(e)(2)(i)(A)(1)(ii). The change in the noise environment or in
the noncompatible land uses may be either an increase or decrease in noise or
in noncompatible land uses. An aircraft operator may submit to the FAA
reasons why a change that does not fall within either of these parameters
justifies reevaluation, and the FAA will consider such arguments on a case-
by-case basis.
(2) A change in the noise environment justifies reevaluation if the change
is likely to result in the restriction not meeting one or more of the
conditions for approval set forth in Sec. 161.305 of this part for approval.
The aircraft operator must demonstrate that such a result is likely to occur.
(c) A reevaluation may not occur less than 2 years after the date of the
FAA approval. The FAA will normally apply the same 2-year requirement to
agreements 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 reevaluated in less than 2
years, and the FAA will consider such arguments on a case-by-case basis.
(d) An aircraft operator must demonstrate 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 certification shall document all attempts of
local dispute resolution.
(a) A request for reevaluation submitted to the FAA by an aircraft operator
must include the following information:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the restriction and any sanctions for
noncompliance, whether the restriction was approved by the FAA or agreed to
by the airport operator and aircraft operators, the date of the approval or
agreement, and a copy of the restriction as incorporated in a local
ordinance, airport rule, lease, or other document;
(3) The quantified change in the noise environment using methodology
specified in this part;
(4) Evidence of the relationship between this change and the likelihood
that the restriction does not meet one or more of the conditions in Sec.
161.305;
(5) The aircraft operator's status under the restriction (e.g., currently
affected operator, potential new entrant) and an explanation of the aircraft
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 aircraft operator's submission and determine
whether or not a reevaluation is justified. The FAA may request additional
information from the airport operator or any other party and may convene an
informal meeting to gather facts relevant to its determination.
(c) The FAA will notify the aircraft operator in writing, with a copy to
the affected airport operator, of its determination.
(1) If the FAA determines that a reevaluation is not justified, it will
indicate the reasons for this decision.
(2) If the FAA determines that a reevaluation is justified, the aircraft
operator will be notified to complete its analysis and to begin the public
notice procedure, as set forth in this subpart.
Sec. 161.407 Notice of reevaluation.
(a) After receiving an FAA determination that a reevaluation is justified,
an aircraft operator desiring continuation of the reevaluation process shall
publish a notice of request for reevaluation in an areawide newspaper or
newspapers that either singly or together has general circulation throughout
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 accessible to airport users and the public;
and directly notify in writing the following parties:
(1) The airport operator, other 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 operators known to be routinely providing
nonscheduled service;
(2) The Federal Aviation Administration;
(3) Each Federal, State, and local agency with land-use control
jurisdiction within the airport noise study area (or the airport vicinity for
agreements 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 restriction;
(5) Community groups and business organizations that are known to be
interested in the restriction; and
(6) Any other party that commented on the original restriction.
(b) Each notice provided in accordance with paragraph (a) of this section
shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the restriction, including whether the
restriction 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
statement that a reevaluation has been requested and that the FAA has
determined that a reevaluation is justified;
(4) A brief discussion of the reasons why a reevaluation is justified;
(5) An analysis prepared in accordance with Sec. 161.409 of this part
supporting the aircraft operator's reevaluation request, or an announcement
of where the analysis is available for public inspection;
(6) An invitation to comment on the analysis supporting the proposed
reevaluation, with a minimum 45-day comment period;
(7) Information on how to request a copy of the analysis (if not in the
notice); and
(8) The address for submitting comments to the aircraft operator, including
identification of a contact person.
Sec. 161.409 Required analysis by reevaluation petitioner.
(a) An aircraft operator that has petitioned the FAA to reevaluate a
restriction shall assume the burden of analysis for the reevaluation.
(b) The aircraft operator's analysis shall be made available for public
review under the procedures in Sec. 161.407 and shall include the following:
(1) A copy of the restriction or the language of the agreement as
incorporated 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 entrant) and an explanation of the aircraft
operator's specific objection to the restriction;
(3) The quantified change in the noise environment using methodology
specified in this part;
(4) Evidence of the relationship between this change and the likelihood
that the restriction does not meet one or more of the conditions in Sec.
161.305; and
(5) Sufficient data and analysis selected from Sec. 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 adequate information
supporting a categorical exclusion under FAA orders implementing the National
Environmental Policy Act of 1969 (42 U.S.C. 4321).
(c) The amount of analysis may vary with the complexity of the restriction,
the number and nature of the conditions in Sec. 161.305 that are alleged to
be unsupported, and the amount of previous analysis developed in support of
the restriction. The aircraft operator may incorporate analysis previously
developed in support of the restriction, including previous environmental
documentation to the extent applicable. The applicant is responsible for
providing substantial evidence, as described in Sec. 161.305, that one or
more of the conditions are not supported.
Sec. 161.411 Comment by interested parties.
(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
paragraph (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 analysis that affects either the costs or
benefits analyzed, or the criteria in Sec. 161.305, differently from the
analysis made available for comment in accordance with Sec. 161.407.
Interested parties include those who received direct notice under paragraph
(a) of Sec. 161.407 and those who have commented on the reevaluation. If an
aircraft operator revises its analysis, it shall make the revised analysis
available to an interested party upon request and shall extend the comment
period at least 45 days from the date the revised analysis is made available.
Sec. 161.413 Reevaluation procedure.
(a) Each aircraft operator requesting a reevaluation shall submit to the
FAA:
(1) The analysis described in Sec. 161.409;
(2) Evidence that the public review process was carried out in accordance
with Secs. 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
documentation is complete according to the requirements of this subpart, the
FAA will publish a notice of reevaluation in the Federal Register and provide
for a 45-day comment period during which interested parties may submit
comments to the FAA. The FAA will specifically solicit comments from the
affected airport operator and affected local governments. A submission that
is not complete will be returned to the aircraft operator with a letter
indicating the deficiency, and no notice will be published. No further action
will be taken by the FAA until a complete submission is received.
(c) The FAA will review all submitted documentation and comments pursuant
to the conditions of Sec. 161.305. To the extent necessary, the FAA may
request additional information from 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
finding.
Sec. 161.415 Reevaluation action.
(a) Upon completing the reevaluation, the FAA will issue appropriate orders
regarding whether or not there is substantial evidence that the restriction
meets the criteria in Sec. 161.305 of this part.
(b) If the FAA's reevaluation confirms 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 approval 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 respect to a restriction agreed to
under subpart B of this part, the FAA will specify which criteria are not
met.
(c) The FAA will publish a notice of its reevaluation findings in the
Federal Register and notify in writing the aircraft operator that petitioned
the FAA for reevaluation and the affected airport operator.
Sec. 161.417 Notification of status of restrictions and agreements not
meeting conditions-of-approval criteria.
If the FAA has withdrawn all or part of a previous approval made under
subpart D of this part, the relevant portion of the Stage 3 restriction must
be rescinded. The operator of the affected airport shall notify the FAA of
the operator's action with regard to a restriction affecting Stage 3 aircraft
operations that has been found not to meet the criteria of Sec. 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
Sec. 161.501 Scope.
(a) This subpart describes the procedures to terminate eligibility for
airport grant funds and authority to impose or collect passenger facility
charges for an airport operator's failure to comply with the Airport Noise
and Capacity Act of 1990 (49 U.S.C. App. 2151 et seq.) or this part. These
procedures may be used with or in addition to any judicial proceedings
initiated by the FAA to protect the national aviation system and related
Federal interests.
(b) Under no conditions shall any airport operator receive revenues under
the provisions of the Airport and Airway 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 determines that the airport is imposing any
noise or access restriction not in compliance with the Airport Noise and
Capacity Act of 1990 or this part. Recission 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.
Sec. 161.503 Informal resolution; notice of apparent violation.
Prior to the initiation of formal action to terminate eligibility for
airport grant funds or authority to impose or collect passenger facility
charges under this subpart, the FAA shall undertake 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
violated federal interests. If informal resolution 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 receipt of the notice, and also state whether the airport operator
will agree to defer implementation or enforcement of its noise or access
restriction until completion of the process under this subpart to determine
compliance.
Sec. 161.505 Notice of proposed termination of airport grant funds and
passenger facility charges.
(a) The FAA begins proceedings under this section to terminate an airport
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 Sec. 161.503, to defer implementation or enforcement of a noise or
access restriction until completion of the process under this subpart to
determine compliance.
(1) The FAA will issue a notice of proposed termination to the airport
operator and publish notice of the proposed action in the Federal
Register.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 airport operator can take to avoid further proceedings.
The due date for comments and corrective action by the airport operator shall
be specified in the notice of proposed termination and shall not be less than
60 days after publication of the notice.
(2) The FAA will review the comments, statements, and data supplied by the
airport operator, and any other available information, to determine if the
airport operator has provided satisfactory 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 compliance. The review and consultation process
shall take not less than 30 days. If the FAA finds satisfactory evidence of
compliance, the FAA will notify the airport operator in writing and publish
notice of compliance in the Federal Register.
(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
Capacity Act of 1990 or this part, the FAA will notify the airport operator
in writing of such determination. Where appropriate, the FAA may prescribe
corrective action, including corrective action the airport operator may still
need to take. Within 10 days of receipt of the FAA's determination, the
airport 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
defined in Sec. 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
corrective action, the FAA will notify the airport operator in writing and
publish notice of compliance in the Federal Register. 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 airport grant agreements and
discontinues 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 received approval to impose a passenger
facility charge, advises the airport operator that future applications for
such approval will be denied in accordance with Sec. 158.29(a)(1)(v) of this
chapter.
(5) The FAA will publish notice of the order in the Federal Register and
notify air carriers of the FAA's order and actions to be taken to terminate
or modify collection of passenger facility charges in accordance with Sec.
158.85(f) of this chapter.
(c) The following procedures shall apply if an airport operator does not
agree in writing, within 20 days of receipt of the FAA's notice of apparent
violation under Sec. 161.503, to defer implementation or enforcement of its
noise or access restriction until completion of the process under this
subpart to determine compliance.
(1) The FAA will issue a notice of proposed termination to the airport
operator and publish notice of the proposed action in the Federal Register.
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 airport operator can take to avoid further proceedings. The due
date for comments and corrective action by the airport operator shall be
specified in the notice of proposed termination and shall not be less than 30
days after publication of the notice.
(2) The FAA will review the comments, statements, and data supplied by the
airport operator, and any other available information, to determine if the
airport operator has provided satisfactory 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 Federal Register.
(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
Capacity Act of 1990 or this part, the procedures in paragraphs (b)(3)
through (b)(5) of this section will be followed.
