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.
  
   Source: Docket No. 26432, 56 FR 48698, Sept. 25, 1991, unless otherwise
  noted.
   
                           Subpart A--General Provisions   

  Sec. 161.1   Purpose.
  
    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.
  
  [Dkt. No. 26432, 56 FR 49698, Sept. 25, 1991; 56 FR 51258, Oct. 10, 1991]

  Sec. 161.105  Requirements for new entrants.
  
    (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.
  
  [Dkt. No. 26432, 56 FR 49698, Sept. 25, 1991; 56 FR 51258, Oct. 10, 1991]
  

  Sec. 161.405  Request for reevaluation.
  
    (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.