14 CFR Part 161 — Notice and Approval of Airport Noise and Access Restrictions

14 CFR Ch. I (1–1–26 Edition) Pt. 161 9. Standards and specifications. It will 161.207 Comment by interested parties.

carry out the project in accordance with 161.209 Requirements for proposal changes.

FAA airport design, construction and equip- 161.211 Optional use of 14 CFR part 150 pro- ment standards and specifications contained cedures.

in advisory circulars current on the date of 161.213 Notification of a decision not to im- project approval. plement a restriction.

10. Recordkeeping and Audit. It will main- tain an accounting record for audit purposes Subpart D—Notice, Review, and Approval for 3 years after physical and financial com- Requirements for Stage 3 Restrictions pletion of the project. All records must sat- 161.301 Scope.

isfy the requirements of 14 CFR part 158 and 161.303 Notice of proposed restrictions.

contain documentary evidence for all items 161.305 Required analysis and conditions for of project costs.

approval of proposed restrictions.

11. Reports. It will submit reports in ac- 161.307 Comment by interested parties.

cordance with the requirements of 14 CFR 161.309 Requirements for proposal changes.

part 158, subpart D, and as the Administrator 161.311 Application procedure for approval may reasonably request.

12. Compliance with 49 U.S.C. 47523 through of proposed restriction.

47528. It understands 49 U.S.C. 47524 and 47526 161.313 Review of application.

require that the authority to impose a PFC 161.315 Receipt of complete application.

be terminated if the Administrator deter- 161.317 Approval or disapproval of proposed mines the public agency has failed to comply restriction.

with those sections of the United States 161.319 Withdrawal or revision of restric- Code or with the implementing regulations tion.

published under the Code. 161.321 Optional use of 14 CFR part 150 pro- cedures.

[Docket 26385, 56 FR 24278, May 29, 1991, as 161.323 Notification of a decision not to im- amended by Amdt. 158–2, 65 FR 34543, May 30, plement a restriction.

2000; Amdt. 158–4, 72 FR 28851, May 23, 2007] 161.325 Availability of data and comments on an implemented restriction.

PART 161—NOTICE AND AP- Subpart E—Reevaluation of Stage 3 PROVAL OF AIRPORT NOISE AND Restrictions ACCESS RESTRICTIONS 161.401 Scope.

Subpart A—General Provisions 161.403 Criteria for reevaluation.

161.405 Request for reevaluation.

Sec.

161.407 Notice of reevaluation.

161.1 Purpose.

161.409 Required analysis by reevaluation 161.3 Applicability.

petitioner.

161.5 Definitions.

161.411 Comment by interested parties.

161.7 Limitations.

161.413 Reevaluation procedure.

161.9 Designation of noise description meth- 161.415 Reevaluation action.

ods.

161.417 Notification of status of restrictions 161.11 Identification of land uses in airport and agreements not meeting conditions- noise study area.

of-approval criteria.

Subpart B—Agreements Subpart F—Failure To Comply With This Part 161.101 Scope.

161.501 Scope.

161.103 Notice of the proposed restriction.

161.503 Informal resolution; notice of appar- 161.105 Requirements for new entrants.

ent violation.

161.107 Implementation of the restriction.

161.505 Notice of proposed termination of 161.109 Notice of termination of restriction airport grant funds and passenger facil- pursuant to an agreement.

ity charges.

161.111 Availability of data and comments on a restriction implemented pursuant to A UTHORITY : 49 U.S.C. 106(g), 47523–47527, an agreement.

47533.

161.113 Effect of agreements; limitation on S OURCE : Docket 26432, 56 FR 48698, Sept. 25, reevaluation.

1991, unless otherwise noted.

Subpart C—Notice Requirements for Stage 2 Restrictions Subpart A—General Provisions 161.201 Scope.

§ 161.1 Purpose.

161.203 Notice of proposed restriction.

This part implements the Airport 161.205 Required analysis of proposed re- striction and alternatives. Noise and Capacity Act of 1990 (49 VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00804 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 161.5 U.S.C. App. 2153, 2154, 2155, and 2156). It Aircraft operator, for purposes of this prescribes: part, means any owner of an aircraft (a) Notice requirements and proce- that operates the aircraft, i.e., uses, dures for airport operators imple- causes to use, or authorizes the use of menting Stage 3 aircraft noise and ac- the aircraft; or in the case of a leased cess restrictions pursuant to agree- aircraft, any lessee that operates the ments between airport operators and aircraft pursuant to a lease. As used in aircraft operators; this part, aircraft operator also means (b) Analysis and notice requirements any representative of the aircraft for airport operators proposing Stage 2 owner, or in the case of a leased air- aircraft noise and access restrictions; craft, any representative of the lessee (c) Notice, review, and approval re- empowered to enter into agreements quirements for airport operators pro- with the airport operator regarding use posing Stage 3 aircraft noise and access of the airport by an aircraft.

restrictions; and Airport means any area of land or (d) Procedures for Federal Aviation water, including any heliport, that is Administration reevaluation of agree- used or intended to be used for the ments containing restrictions on Stage landing and takeoff of aircraft, and any 3 aircraft operations and of aircraft appurtenant areas that are used or in- noise and access restrictions affecting tended to be used for airport buildings Stage 3 aircraft operations imposed by or other airport facilities or rights-of- airport operators.

way, together with all airport build- ings and facilities located thereon.

§ 161.3 Applicability.

Airport noise study area means that (a) This part applies to airports im- area surrounding the airport within posing restrictions on Stage 2 aircraft the noise contour selected by the appli- operations proposed after October 1, cant for study and must include the 1990, and to airports imposing restric- noise contours required to be developed tions on Stage 3 aircraft operations for noise exposure maps specified in 14 that became effective after October 1, CFR part 150.

1990. Airport operator means the airport (b) This part also applies to airports proprietor.

enacting amendments to airport noise Aviation user class means the fol- and access restrictions in effect on Oc- lowing categories of aircraft operators: tober 1, 1990, but amended after that air carriers operating under parts 121 date, where the amendment reduces or or 129 of this chapter; commuters and limits aircraft operations or affects other carriers operating under part 135 aircraft safety. of this chapter; general aviation, mili- (c) The notice, review, and approval tary, or government operations.

requirements set forth in this part Day-night average sound level (DNL) apply to all airports imposing noise or means the 24-hour average sound level, access restrictions as defined in § 161.5 in decibels, for the period from mid- of this part.

night to midnight, obtained after the addition of ten decibels to sound levels § 161.5 Definitions.

for the periods between midnight and 7 For the purposes of this part, the fol- a.m., and between 10 p.m. and mid- lowing definitions apply: night, local time, as defined in 14 CFR Agreement means a document in writ- part 150. (The scientific notation for ing signed by the airport operator; DNL is L ).

dn those aircraft operators currently oper- Noise or access restrictions means re- ating at the airport that would be af- strictions (including but not limited to fected by the noise or access restric- provisions of ordinances and leases) af- tion; and all affected new entrants fecting access or noise that affect the planning to provide new air service operations of Stage 2 or Stage 3 air- within 180 days of the effective date of craft, such as limits on the noise gen- the restriction that have submitted to erated on either a single-event or cu- the airport operator a plan of oper- mulative basis; a limit, direct or indi- ations and notice of agreement to the rect, on the total number of Stage 2 or restriction. Stage 3 aircraft operations; a noise VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00805 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 161.7 budget or noise allocation program (4) A subsequent amendment to an that includes Stage 2 or Stage 3 air- airport aircraft noise or access agree- craft; a restriction imposing limits on ment or restriction in effect on Novem- hours of operations; a program of air- ber 5, 1990, where the amendment does port-use charges that has the direct or not reduce or limit aircraft operations indirect effect of controlling airport or affect aircraft safety.

noise; and any other limit on Stage 2 (5) A restriction that was adopted by or Stage 3 aircraft that has the effect an airport operator on or before Octo- of controlling airport noise. This defi- ber 1, 1990, and that was stayed as of nition does not include peak-period October 1, 1990, by a court order or as pricing programs where the objective is a result of litigation, if such restric- to align the number of aircraft oper- tion, or a part thereof, is subsequently ations with airport capacity.

allowed by a court to take effect.

Stage 2 aircraft means an aircraft that (6) In any case in which a restriction has been shown to comply with the described in paragraph (b)(5) of this Stage 2 requirements under 14 CFR section is either partially or totally part 36.

disallowed by a court, any new restric- Stage 3 aircraft means an aircraft that tion imposed by an airport operator to has been shown to comply with the replace such disallowed restriction, if Stage 3 requirements under 14 CFR such new restriction would not pro- part 36.

hibit aircraft operations in effect on November 5, 1990.

[Docket 26432, 56 FR 48698, Sept. 25, 1991, as (7) A local action that represents the amended by Amdt. 161–2, 66 FR 21067, Apr. 27, 2001] adoption of the final portion of a pro- gram of a staged airport aircraft noise § 161.7 Limitations.

or access restriction, where the initial portion of such program was adopted (a) Aircraft operational procedures during calendar year 1988 and was in ef- that must be submitted for adoption by fect on November 5, 1990.

the FAA, such as preferential runway (c) The notice, review, and approval use, noise abatement approach and de- requirements of subpart D of this part parture procedures and profiles, and with regard to Stage 3 aircraft restric- flight tracks, are not subject to this tions do not apply if the FAA has, prior part. Other noise abatement proce- to November 5, 1990, formed a working dures, such as taxiing and engine group (outside of the process estab- runups, are not subject to this part un- lished by 14 CFR part 150) with a local less the procedures imposed limit the airport operator to examine the noise total number of Stage 2 or Stage 3 air- impact of air traffic control procedure craft operations, or limit the hours of changes. In any case in which an agree- Stage 2 or Stage 3 aircraft operations, ment relating to noise reductions at at the airport.

such airport is then entered into be- (b) The notice, review, and approval tween the airport proprietor and an air requirements set forth in this part do carrier or air carrier constituting a not apply to airports with restrictions majority of the air carrier users of as specified in 49 U.S.C. App.

such airport, the requirements of sub- 2153(a)(2)(C): (1) A local action to enforce a nego- parts B and D of this part with respect tiated or executed airport aircraft to restrictions on Stage 3 aircraft oper- noise or access agreement between the ations do apply to local actions to en- airport operator and the aircraft oper- force such agreements.

ator in effect on November 5, 1990. (d) Except to the extent required by (2) A local action to enforce a nego- the application of the provisions of the tiated or executed airport aircraft Act, nothing in this part eliminates, noise or access restriction the airport invalidates, or supersedes the fol- operator and the aircraft operators lowing: agreed to before November 5, 1990. (1) Existing law with respect to air- (3) An intergovernmental agreement port noise or access restrictions by including airport aircraft noise or ac- local authorities; cess restriction in effect on November (2) Any proposed airport noise or ac- 5, 1990. cess regulation at a general aviation VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00806 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 161.103 airport where the airport proprietor affected by the noise or access restric- has formally initiated a regulatory or tion; and legislative process on or before October (3) All new entrants that have sub- 1, 1990; and mitted the information required under (3) The authority of the Secretary of § 161.105(a) of this part.

Transportation to seek and obtain such (c) This subpart does not apply to re- legal remedies as the Secretary con- strictions exempted in § 161.7 of this siders appropriate, including injunctive part.

relief.

(d) This subpart does not limit the right of an airport operator to enter § 161.9 Designation of noise descrip- into an agreement with one or more tion methods.

aircraft operators that restricts the op- For purposes of this part, the fol- eration of Stage 2 or Stage 3 aircraft as lowing requirements apply: long as the restriction is not enforced (a) The sound level at an airport and against aircraft operators that are not surrounding areas, and the exposure of party to the agreement. Such an agree- individuals to noise resulting from op- ment is not covered by this subpart ex- erations at an airport, must be estab- cept that an aircraft operator may lished in accordance with the specifica- apply for sanctions pursuant to subpart tions and methods prescribed under ap- F of this part for restrictions the air- pendix A of 14 CFR part 150; and port operator seeks to impose other (b) Use of computer models to create than those in the agreement.

noise contours must be in accordance with the criteria prescribed under ap- § 161.103 Notice of the proposed re- pendix A of 14 CFR part 150.

striction.

§ 161.11 Identification of land uses in (a) An airport operator may not im- airport noise study area.

plement a Stage 3 restriction pursuant to an agreement with all affected air- For the purposes of this part, uses of craft operators unless there has been land that are normally compatible or public notice and an opportunity for noncompatible with various noise-ex- comment as prescribed in this subpart.

posure levels to individuals around air- ports must be identified in accordance (b) In order to establish a restriction with the criteria prescribed under ap- in accordance with this subpart, the pendix A of 14 CFR part 150. Deter- airport operator shall, at least 45 days mination of land use must be based on before implementing the restriction, professional planning, zoning, and publish a notice of the proposed re- building and site design information striction in an areawide newspaper or and expertise. newspapers that either singly or to- gether has general circulation through- out the airport vicinity or airport Subpart B—Agreements noise study area, if one has been delin- § 161.101 Scope. eated; post a notice in the airport in a prominent location accessible to air- (a) This subpart applies to an airport port users and the public; and directly operator’s noise or access restriction notify in writing the following parties: on the operation of Stage 3 aircraft (1) Aircraft operators providing that is implemented pursuant to an scheduled passenger or cargo service at agreement between an airport operator the airport; affected operators of air- and all aircraft operators affected by craft based at the airport; potential the proposed restriction that are serv- new entrants that are known to be in- ing or will be serving such airport terested in serving the airport; and air- within 180 days of the date of the pro- craft operators known to be routinely posed restriction.

providing non-scheduled service; (b) For purposes of this subpart, an (2) The Federal Aviation Administra- agreement shall be in writing and tion; signed by: (1) The airport operator; (3) Each Federal, state, and local (2) Those aircraft operators currently agency with land use control jurisdic- operating at the airport who would be tion within the vicinity of the airport, VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00807 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 161.105 or the airport noise study area, if one tending to provide new air service to has been delineated; the airport within 180 days of the pro- (4) Fixed-base operators and other posed date of implementation of the re- airport tenants whose operations may striction (as evidenced by submission be affected by the proposed restriction; of a plan of operations to the airport and operator) must notify the airport oper- (5) Community groups and business ator if it would be affected by the re- organizations that are known to be in- striction contained in the proposed terested in the proposed restriction.

agreement, and either that it— (c) Each direct notice provided in ac- (1) Agrees to the restriction; or cordance with paragraph (b) of this sec- (2) Objects to the restriction.

tion shall include: (b) Failure of any person described in (1) The name of the airport and asso- § 161.105(a) of this part to notify the air- ciated cities and states; port operator that it objects to the pro- (2) A clear, concise description of the posed restriction will constitute waiver proposed restriction, including sanc- of the right to claim that it did not tions for noncompliance and a state- consent to the agreement and render ment that it will be implemented pur- that person ineligible to use lack of suant to a signed agreement; signature as ground to apply for sanc- (3) A brief discussion of the specific tions under subpart F of this part for need for and goal of the proposed re- two years following the effective date striction; of the restriction. The signature of (4) Identification of the operators and such a person need not be obtained by the types of aircraft expected to be af- fected; the airport operator in order to comply (5) The proposed effective date of the with § 161.107(a) of this part.

restriction and any proposed enforce- (c) All other new entrants are also in- ment mechanism; eligible to use lack of signature as (6) An invitation to comment on the ground to apply for sanctions under proposed restriction, with a minimum subpart F of this part for two years.

45-day comment period; (7) Information on how to request § 161.107 Implementation of the re- copies of the restriction portion of the striction.

agreement, including any sanctions for (a) To be eligible to implement a noncompliance; Stage 3 noise or access restriction (8) A notice to potential new entrant under this subpart, an airport operator aircraft operators that are known to be shall have the restriction contained in interested in serving the airport of the an agreement as defined in § 161.101(b) requirements set forth in § 161.105 of of this part.

this part; and (b) An airport operator may not im- (9) Information on how to submit a plement a restriction pursuant to an new entrant application, comments, agreement until the notice and com- and the address for submitting applica- ment requirements of § 161.103 of this tions and comments to the airport op- part have been met.

erator, including identification of a (c) Each airport operator must notify contact person at the airport.

(d) The Federal Aviation Administra- the Federal Aviation Administration of tion will publish an announcement of the implementation of a restriction the proposed restriction in the F ED - pursuant to an agreement and must in- ERAL R EGISTER . clude in the notice evidence of compli- ance with § 161.103 and a copy of the [Docket 26432, 56 FR 48698, Sept. 25, 1991; 56 signed agreement.

FR 51258, Oct. 10, 1991] § 161.109 Notice of termination of re- § 161.105 Requirements for new en- striction pursuant to an agreement.

trants.

An airport operator must notify the (a) Within 45 days of the publication of the notice of a proposed restriction FAA within 10 days of the date of ter- by the airport operator under mination of a restriction pursuant to § 161.103(b) of this part, any person in- an agreement under this subpart.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00808 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 161.203 operator provides an analysis of the § 161.111 Availability of data and com- ments on a restriction implemented proposed restriction, prepared in ac- pursuant to an agreement.

cordance with § 161.205, and a public no- tice and opportunity for comment as The airport operator shall retain all prescribed in this subpart. The notice relevant supporting data and all com- and analysis required by this subpart ments relating to a restriction imple- shall be completed at least 180 days mented pursuant to an agreement for prior to the effective date of the re- as long as the restriction is in effect.

striction.

The airport operator shall make these (b) Except as provided in § 161.211, an materials available for inspection upon airport operator must publish a notice request by the FAA. The information of the proposed restriction in an shall be made available for inspection areawide newspaper or newspapers that by any person during the pendency of either singly or together has general any petition for reevaluation found jus- tified by the FAA. circulation throughout the airport noise study area; post a notice in the § 161.113 Effect of agreements; limita- airport in a prominent location acces- tion on reevaluation.

sible to airport users and the public; (a) Except as otherwise provided in and directly notify in writing the fol- this subpart, a restriction implemented lowing parties: by an airport operator pursuant to this (1) Aircraft operators providing subpart shall have the same force and scheduled passenger or cargo service at effect as if it had been a restriction im- the airport; operators of aircraft based plemented in accordance with subpart at the airport; potential new entrants D of this part.

that are known to be interested in (b) A restriction implemented by an serving the airport; and aircraft opera- airport operator pursuant to this sub- tors known to be routinely providing part may be subject to reevaluation by nonscheduled service that may be af- the FAA under subpart E of this part.

fected by the proposed restriction; (2) The Federal Aviation Administra- tion; Subpart C—Notice Requirements (3) Each Federal, state, and local for Stage 2 Restrictions agency with land-use control jurisdic- § 161.201 Scope.

tion within the airport noise study area; (a) This subpart applies to: (4) Fixed-base operators and other (1) An airport imposing a noise or ac- airport tenants whose operations may cess restriction on the operation of be affected by the proposed restriction; Stage 2 aircraft, but not Stage 3 air- and craft, proposed after October 1, 1990.

(5) Community groups and business (2) An airport imposing an amend- organizations that are known to be in- ment to a Stage 2 restriction, if the terested in the proposed restriction.

amendment is proposed after October 1, (c) Each notice provided in accord- 1990, and reduces or limits Stage 2 air- ance with paragraph (b) of this section craft operations (compared to the re- shall include: striction that it amends) or affects air- (1) The name of the airport and asso- craft safety.

ciated cities and states; (b) This subpart does not apply to an (2) A clear, concise description of the airport imposing a Stage 2 restriction specifically exempted in § 161.7 or a proposed restriction, including a state- Stage 2 restriction contained in an ment that it will be a mandatory Stage agreement as long as the restriction is 2 restriction, and where the complete not enforced against aircraft operators text of the restriction, and any sanc- that are not parties to the agreement. tions for noncompliance, are available for public inspection; § 161.203 Notice of proposed restric- (3) A brief discussion of the specific tion.

need for, and goal of, the restriction; (a) An airport operator may not im- (4) Identification of the operators and plement a Stage 2 restriction within the types of aircraft expected to be af- the scope of § 161.201 unless the airport fected; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00809 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 161.205 (5) The proposed effective date of the shall provide separate detail on the restriction, the proposed method of im- costs and benefits of the proposed re- plementation (e.g., city ordinance, air- striction with respect to the operations port rule, lease), and any proposed en- of Stage 2 aircraft weighing less than forcement mechanism; 75,000 pounds if the restriction applies (6) An analysis of the proposed re- to this class. The airport operator shall striction, as required by § 161.205 of this specify the methods used to analyze subpart, or an announcement of where the costs and benefits of the proposed the analysis is available for public in- restriction and the alternatives.

spection; (c) The kinds of information set forth (7) An invitation to comment on the in § 161.305 are useful elements of an proposed restriction and analysis, with adequate analysis of a noise or access a minimum 45-day comment period; restriction on Stage 2 aircraft oper- (8) Information on how to request ations.

copies of the complete text of the pro- § 161.207 Comment by interested par- posed restriction, including any sanc- ties.

tions for noncompliance, and the anal- ysis (if not included with the notice); Each airport operator shall establish and a public docket or similar method for (9) The address for submitting com- receiving and considering comments, ments to the airport operator, includ- and shall make comments available for ing identification of a contact person inspection by interested parties upon at the airport. request. Comments must be retained as (d) At the time of notice, the airport long as the restriction is in effect.

operator shall provide the FAA with a § 161.209 Requirements for proposal full text of the proposed restriction, in- changes.

cluding any sanctions for noncompli- ance. (a) Each airport operator shall (e) The Federal Aviation Administra- promptly advise interested parties of tion will publish an announcement of any changes to a proposed restriction, the proposed Stage 2 restriction in the including changes that affect non- F EDERAL R EGISTER . compatible land uses, and make avail- able any changes to the proposed re- § 161.205 Required analysis of pro- striction and its analysis. Interested posed restriction and alternatives.

parties include those that received di- (a) Each airport operator proposing a rect notice under § 161.203(b), or those noise or access restriction on Stage 2 that were required to be consulted in aircraft operations shall prepare the accordance with the procedures in following and make it available for § 161.211 of this part, and those that public comment: have commented on the proposed re- (1) An analysis of the anticipated or striction.

actual costs and benefits of the pro- (b) If there are substantial changes to posed noise or access restriction; the proposed restriction or the analysis (2) A description of alternative re- during the 180-day notice period, the strictions; and airport operator shall initiate new no- (3) A description of the alternative tice following the procedures in measures considered that do not in- § 161.203 or, alternatively, the proce- volve aircraft restrictions, and a com- dures in § 161.211. A substantial change parison of the costs and benefits of includes, but is not limited to, a pro- such alternative measures to costs and posal that would increase the burden benefits of the proposed noise or access on any aviation user class.

restriction. (c) In addition to the information in (b) In preparing the analyses required § 161.203(c), new notice must indicate by this section, the airport operator that the airport operator is revising a shall use the noise measurement sys- previous notice, provide the reason for tems and identify the airport noise making the revision, and provide a new study area as specified in §§ 161.9 and effective date (if any) for the restric- 161.11, respectively; shall use currently tion. The effective date of the restric- accepted economic methodology; and tion must be at least 180 days after the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00810 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 161.303 date the new notice and revised anal- § 161.213 Notification of a decision not ysis are made available for public com- to implement a restriction.

ment.

If a proposed restriction has been through the procedures prescribed in § 161.211 Optional use of 14 CFR part this subpart and the restriction is not 150 procedures.

subsequently implemented, the airport (a) An airport operator may use the operator shall so advise the interested procedures in part 150 of this chapter, parties. Interested parties are de- instead of the procedures described in scribed in § 161.209(a).

§§ 161.203(b) and 161.209(b), as a means of providing an adequate public notice Subpart D—Notice, Review, and and comment opportunity on a pro- Approval Requirements for posed Stage 2 restriction.

Stage 3 Restrictions (b) If the airport operator elects to use 14 CFR part 150 procedures to com- § 161.301 Scope.

ply with this subpart, the operator (a) This subpart applies to: shall: (1) An airport imposing a noise or ac- (1) Ensure that all parties identified cess restriction on the operation of for direct notice under § 161.203(b) are Stage 3 aircraft that first became effec- notified that the airport’s 14 CFR part tive after October 1, 1990.

150 program will include a proposed (2) An airport imposing an amend- Stage 2 restriction under part 161, and ment to a Stage 3 restriction, if the that these parties are offered the op- amendment becomes effective after Oc- portunity to participate as consulted tober 1, 1990, and reduces or limits parties during the development of the Stage 3 aircraft operations (compared 14 CFR part 150 program; to the restriction that it amends) or af- (2) Provide the FAA with a full text fects aircraft safety.

of the proposed restriction, including (b) This subpart does not apply to an any sanctions for noncompliance, at airport imposing a Stage 3 restriction the time of the notice; specifically exempted in § 161.7, or an (3) Include the information in § 161.203 agreement complying with subpart B of (c)(2) through (c)(5) and 161.205 in the this part.

analysis of the proposed restriction for (c) A Stage 3 restriction within the the part 14 CFR part 150 program; scope of this subpart may not become (4) Wait 180 days following the avail- effective unless it has been submitted ability of the above analysis for review to and approved by the FAA. The FAA by the consulted parties and compli- will review only those Stage 3 restric- ance with the above notice require- tions that are proposed by, or on behalf ments before implementing the Stage 2 of, an entity empowered to implement restriction; and the restriction.

(5) Include in its 14 CFR part 150 sub- mission to the FAA evidence of compli- § 161.303 Notice of proposed restric- tions.

ance with paragraphs (b)(1) and (b)(4) of this section, and the analysis in para- (a) Each airport operator or aircraft graph (b)(3) of this section, together operator (hereinafter referred to as ap- with a clear identification that the 14 plicant) proposing a Stage 3 restriction CFR part 150 program includes a pro- shall provide public notice and an op- posed Stage 2 restriction under part portunity for public comment, as pre- 161.

scribed in this subpart, before submit- (c) The FAA determination on the 14 ting the restriction to the FAA for re- CFR part 150 submission does not con- view and approval.

stitute approval or disapproval of the (b) Except as provided in § 161.321, an proposed Stage 2 restriction under part applicant shall publish a notice of the 161.

proposed restriction in an areawide (d) An amendment of a restriction newspaper or newspapers that either may also be processed under 14 CFR singly or together has general circula- part 150 procedures in accordance with tion throughout the airport noise study this section. area; post a notice in the airport in a VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00811 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 161.305 prominent location accessible to air- (8) Information on how to request a port users and the public; and directly copy of the complete text of the re- notify in writing the following parties: striction, including any sanctions for noncompliance, and the analysis (if not (1) Aircraft operators providing included with the notice); and scheduled passenger or cargo service at the airport; operators of aircraft based (9) The address for submitting com- at the airport; potential new entrants ments to the airport operator or air- that are known to be interested in craft operator proposing the restric- serving the airport; and aircraft opera- tion, including identification of a con- tors known to be routinely providing tact person.

nonscheduled service that may be af- (d) Applicants may propose alter- fected by the proposed restriction; native restrictions, including partial (2) The Federal Aviation Administra- implementation of any proposal, and tion; indicate an order of preference. If al- (3) Each Federal, state, and local ternative restriction proposals are sub- agency with land-use control jurisdic- mitted, the requirements listed in tion within the airport noise study paragraphs (c)(2) through (c)(6) of this area; section should address the alternative (4) Fixed-base operators and other proposals where appropriate.

airport tenants whose operations may § 161.305 Required analysis and condi- be affected by the proposed restriction; tions for approval of proposed re- and strictions.

(5) Community groups and business organizations that are known to be in- Each applicant proposing a noise or terested in the proposed restriction.

access restriction on Stage 3 oper- (c) Each notice provided in accord- ations shall prepare and make avail- ance with paragraph (b) of this section able for public comment an analysis shall include: that supports, by substantial evidence, (1) The name of the airport and asso- that the six statutory conditions for ciated cities and states; approval have been met for each re- striction and any alternatives sub- (2) A clear, concise description of the mitted. The statutory conditions are proposed restriction (and any alter- set forth in 49 U.S.C. App. 2153(d)(2) and natives, in order of preference), includ- paragraph (e) of this section. Any pro- ing a statement that it will be a man- posed restriction (including alter- datory Stage 3 restriction; and where natives) on Stage 3 aircraft operations the complete text of the restriction, that also affects the operation of Stage and any sanctions for noncompliance, 2 aircraft must include analysis of the are available for public inspection; (3) A brief discussion of the specific proposals in a manner that permits the need for, and goal of, the restriction; proposal to be understood in its en- tirety. (Nothing in this section is in- (4) Identification of the operators and tended to add a requirement for the types of aircraft expected to be af- issuance of restrictions on Stage 2 air- fected; craft to those of subpart C of this part.)

(5) The proposed effective date of the The applicant shall provide: restriction, the proposed method of im- (a) The complete text of the proposed plementation (e.g., city ordinance, air- restriction and any submitted alter- port rule, lease, or other document), natives, including the proposed word- and any proposed enforcement mecha- ing in a city ordinance, airport rule, nism; lease, or other document, and any (6) An analysis of the proposed re- sanctions for noncompliance; striction, in accordance with § 161.305 of this part, or an announcement regard- (b) Maps denoting the airport geo- ing where the analysis is available for graphic boundary, and the geographic public inspection; boundaries and names of each jurisdic- tion that controls land use within the (7) An invitation to comment on the airport noise study area; proposed restriction and the analysis, with a minimum 45-day comment pe- (c) An adequate environmental as- riod; sessment of the proposed restriction or VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00812 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 161.305 adequate information supporting a cat- mit any change in land use, within its egorical exclusion in accordance with jurisdiction, that will reduce the com- FAA orders and procedures regarding patibility (with respect to the airport) compliance with the National Environ- of any noise compatibility program mental Policy Act of 1969 (42 U.S.C. measures upon which federal funds 4321); have been expended.

(d) A summary of the evidence in the ( ii ) An analysis of the estimated submission supporting the six statu- noise impact of aircraft operations tory conditions for approval; and with and without the proposed restric- (e) An analysis of the restriction, tion for the year the restriction is ex- demonstrating by substantial evidence pected to be implemented, for a fore- that the statutory conditions are met.

cast timeframe after implementation, The analysis must: and for any other years critical to un- (1) Be sufficiently detailed to allow derstanding the noise impact of the the FAA to evaluate the merits of the proposed restriction. The analysis of proposed restriction; and noise impact with and without the pro- (2) Contain the following essential posed restriction including: elements needed to provide substantial ( A ) Maps of the airport noise study evidence supporting each condition for area overlaid with noise contours as approval: specified in §§ 161.9 and 161.11 of this (i) Condition 1: The restriction is rea- part; sonable, nonarbitrary, and nondiscrim- ( B ) The number of people and the inatory. (A) Essential information noncompatible land uses within the needed to demonstrate this condition airport noise study area with and with- includes the following: out the proposed restriction for each ( 1 ) Evidence that a current or pro- year the noise restriction is analyzed; jected noise or access problem exists, ( C ) Technical data supporting the and that the proposed action(s) could noise impact analysis, including the relieve the problem, including: classes of aircraft, fleet mix, runway ( i ) A detailed description of the prob- use percentage, and day/night breakout lem precipitating the proposed restric- of operations; and tion with relevant background infor- ( D ) Data on current and projected mation on factors contributing to the airport activity that would exist in the proposal and any court-ordered action absence of the proposed restriction.

or estimated liability concerns; a de- ( 2 ) Evidence that other available scription of any noise agreements or remedies are infeasible or would be less noise or access restrictions currently cost-effective, including descriptions of in effect at the airport; and measures any alternative aircraft restrictions taken to achieve land-use compat- that have been considered and rejected, ibility, such as controls or restrictions and the reasons for the rejection; and on land use in the vicinity of the air- of any land use or other nonaircraft port and measures carried out in re- controls or restrictions that have been sponse to 14 CFR part 150; and actions considered and rejected, including taken to comply with grant assurances those proposed under 14 CFR part 150 requiring that: and not implemented, and the reasons ( A ) Airport development projects be for the rejection or failure to imple- reasonably consistent with plans of ment.

public agencies that are authorized to ( 3 ) Evidence that the noise or access plan for the development of the area standards are the same for all aviation around the airport; and user classes or that the differences are ( B ) The sponsor give fair consider- justified, such as: ation to the interests of communities ( i ) A description of the relationship in or near where the project may be lo- of the effect of the proposed restriction cated; take appropriate action, includ- on airport users (by aviation user ing the adoption of zoning laws, to the class); and extent reasonable, to restrict the use of land near the airport to activities and ( ii ) The noise attributable to these purposes compatible with normal air- users in the absence of the proposed re- port operations; and not cause or per- striction.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00813 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 161.305 (B) At the applicant’s discretion, in- class; and any incremental recurring formation may also be submitted as costs; follows: ( B ) Costs associated with altered or ( 1 ) Evidence not submitted under discontinued aircraft operations, such paragraph (e)(2)(ii)(A) of this section as reasonably available information (Condition 2) that there is a reasonable concerning loss to carriers of operating chance that expected benefits will profits; decreases in passenger and equal or exceed expected cost; for ex- shipper consumer surplus by aviation ample, comparative economic analyses user class; loss in profits associated of the costs and benefits of the pro- with other airport services or other en- posed restriction and aircraft and non- tities: and/or any significant economic aircraft alternative measures. For de- effect on parties other than aviation tailed elements of analysis, see para- users.

graph (e)(2)(ii)(A) of this section.

( C ) Costs associated with imple- ( 2 ) Evidence not submitted under menting nonaircraft restrictions or paragraph (e)(2)(ii)(A) of this section nonaircraft components of restrictions, that the level of any noise-based fees such as reasonably available informa- that may be imposed reflects the cost tion concerning estimates of capital of mitigating noise impacts produced costs for real property, including rede- by the aircraft, or that the fees are rea- velopment, soundproofing, noise ease- sonably related to the intended level of ments, and purchase of property inter- noise impact mitigation.

ests; and estimates of associated incre- (ii) Condition 2: The restriction does not mental recurring costs; or an expla- create an undue burden on interstate or nation of the legal or other impedi- foreign commerce. (A) Essential informa- ments to implementing such restric- tion needed to demonstrate this statu- tions.

tory condition includes: ( D ) Estimated benefits of the pro- ( 1 ) Evidence, based on a cost-benefit posed restriction and alternative re- analysis, that the estimated potential strictions that consider, as appro- benefits of the restriction have a rea- priate, anticipated increase in real es- sonable chance to exceed the estimated tate values and future construction potential cost of the adverse effects on cost (such as sound insulation) savings; interstate and foreign commerce. In anticipated increase in airport reve- preparing the economic analysis re- nues; quantification of the noise bene- quired by this section, the applicant fits, such as number of people removed shall use currently accepted economic from noise contours and improved methodology, specify the methods used work force and/or educational produc- and assumptions underlying the anal- tivity, if any; valuation of positive ysis, and consider: safety effects, if any; and/or other qual- ( i ) The effect of the proposed restric- itative benefits, including improve- tion on operations of aircraft by avia- ments in quality of life.

tion user class (and for air carriers, the (B) At the applicant’s discretion, in- number of operations of aircraft by formation may also be submitted as carrier), and on the volume of pas- follows: sengers and cargo for the year the re- ( 1 ) Evidence that the affected car- striction is expected to be implemented riers have a reasonable chance to con- and for the forecast timeframe.

tinue service at the airport or at other ( ii ) The estimated costs of the pro- points in the national airport system.

posed restriction and alternative non- ( 2 ) Evidence that other air carriers aircraft restrictions including the fol- are able to provide adequate service to lowing, as appropriate: the airport and other points in the sys- ( A ) Any additional cost of continuing tem without diminishing competition.

aircraft operations under the restric- ( 3 ) Evidence that comparable services tion, including reasonably available in- or facilities are available at another formation concerning any net capital costs of acquiring or retrofitting air- airport controlled by the airport oper- craft (net of salvage value and oper- ator in the market area, including ating efficiencies) by aviation user services available at other airports.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00814 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 161.309 ( 4 ) Evidence that alternative trans- (A) An analysis demonstrating that portation service can be attained the proposed restriction does not have through other means of transportation. a substantial adverse effect on existing ( 5 ) Information on the absence of ad- or planned airport system capacity, on verse evidence or adverse comments observed or forecast airport system with respect to undue burden in the no- congestion and aircraft delay, and on tice process required in § 161.303, or al- airspace system capacity or workload; ternatively in § 161.321, of this part as (B) An analysis demonstrating that evidence that there is no undue burden.

nonaircraft alternative measures to (iii) Condition 3: The proposed restric- achieve the same goals as the proposed tion maintains safe and efficient use of subject restrictions are inappropriate; the navigable airspace. Essential infor- (C) The absence of comments with re- mation needed to demonstrate this spect to imposition of an undue burden statutory condition includes evidence on the national aviation system in re- that the proposed restriction main- sponse to the notice required in tains safe and efficient use of the navi- § 161.303 or § 161.321.

gable airspace based upon: (A) Identification of airspace and ob- § 161.307 Comment by interested par- stacles to navigation in the vicinity of ties.

the airport; and (a) Each applicant proposing a re- (B) An analysis of the effects of the striction shall establish a public dock- proposed restriction with respect to et or similar method for receiving and use of airspace in the vicinity of the considering comments, and shall make airport, substantiating that the re- comments available for inspection by striction maintains or enhances safe interested parties upon request. Com- and efficient use of the navigable air- ments must be retained as long as the space. The analysis shall include a de- restriction is in effect.

scription of the methods and data used.

(b) Each applicant shall submit to (iv) Condition 4: The proposed restric- the FAA a summary of any comments tion does not conflict with any existing received. Upon request by the FAA, the Federal statute or regulation. Essential applicant shall submit copies of the information needed to demonstrate comments.

this condition includes evidence dem- onstrating that no conflict is presented § 161.309 Requirements for proposal between the proposed restriction and changes.

any existing Federal statute or regula- (a) Each applicant shall promptly ad- tion, including those governing: vise interested parties of any changes (A) Exclusive rights; to a proposed restriction or alternative (B) Control of aircraft operations; restriction that are not encompassed in and the proposals submitted, including (C) Existing Federal grant agree- changes that affect noncompatible land ments.

uses or that take place before the effec- (v) Condition 5: The applicant has pro- tive date of the restriction, and make vided adequate opportunity for public available these changes to the proposed comment on the proposed restriction. Es- restriction and its analysis. For the sential information needed to dem- purpose of this paragraph, interested onstrate this condition includes evi- parties include those who received di- dence that there has been adequate op- rect notice under § 161.303(b) of this portunity for public comment on the part, or those who were required to be restriction as specified in § 161.303 or consulted in accordance with the pro- § 161.321 of this part.

cedures in § 161.321 of this part, and (vi) Condition 6: The proposed restric- those who commented on the proposed tion does not create an undue burden on restriction.

the national aviation system. Essential information needed to demonstrate (b) If there are substantial changes to this condition includes evidence that a proposed restriction or the analysis the proposed restriction does not cre- made available prior to the effective ate an undue burden on the national date of the restriction, the applicant aviation system such as: proposing the restriction shall initiate VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00815 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 161.311 new notice in accordance with the pro- as to portions of the proposal to be ap- cedures in § 161.303 or, alternatively, proved.

the procedures in § 161.321. These re- § 161.313 Review of application.

quirements apply to substantial changes that are not encompassed in (a) Determination of completeness. The submitted alternative restriction pro- FAA, within 30 days of receipt of an ap- posals and their analyses. A substan- plication, will determine whether the tial change to a restriction includes, application is complete in accordance but is not limited to, any proposal that with § 161.311. Determinations of com- would increase the burden on any avia- pleteness will be made on all proposed tion user class.

restrictions and alternatives. This (c) In addition to the information in completeness determination is not an § 161.303(c), a new notice must indicate approval or disapproval of the proposed that the applicant is revising a pre- restriction.

vious notice, provide the reason for (b) Process for complete application.

making the revision, and provide a new When the FAA determines that a com- effective date (if any) for the restric- plete application has been submitted, tion.

the following procedures apply: (d) If substantial changes requiring a (1) The FAA notifies the applicant new notice are made during the FAA’s that it intends to act on the proposed 180-day review of the proposed restric- restriction and publishes notice of the tion, the applicant submitting the pro- proposed restriction in the F EDERAL posed restriction shall notify the FAA R EGISTER in accordance with § 161.315.

in writing that it is withdrawing its The 180-day period for approving or dis- proposal from the review process until it has completed additional analysis, approving the proposed restriction will public review, and documentation of start on the date of original FAA re- the public review. Resubmission to the ceipt of the application.

FAA will restart the 180-day review.

(2) Following review of the applica- tion, public comments, and any other § 161.311 Application procedure for ap- information obtained under § 161.317(b), proval of proposed restriction.

the FAA will issue a decision approving Each applicant proposing a Stage 3 or disapproving the proposed restric- restriction shall submit to the FAA the tion. This decision is a final decision of following information for each restric- the Administrator for purpose of judi- tion and alternative restriction sub- cial review.

mitted, with a request that the FAA (c) Process for incomplete application.

review and approve the proposed Stage If the FAA determines that an applica- 3 noise or access restriction: tion is not complete with respect to (a) A summary of evidence of the ful- any submitted restriction or alter- fillment of conditions for approval, as native restriction, the following proce- specified in § 161.305; dures apply: (b) An analysis as specified in (1) The FAA shall notify the appli- § 161.305, as appropriate to the proposed cant in writing, returning the applica- restriction; tion and setting forth the type of infor- (c) A statement that the entity sub- mation and analysis needed to com- mitting the proposal is the party em- plete the application in accordance powered to implement the restriction, with § 161.311.

or is submitting the proposal on behalf (2) Within 30 days after the receipt of of such party; and this notice, the applicant shall advise (d) A statement as to whether the the FAA in writing whether or not it airport requests, in the event of dis- intends to resubmit and supplement its approval of the proposed restriction or application.

any alternatives, that the FAA approve (3) If the applicant does not respond any portion of the restriction or any in 30 days, or advises the FAA that it alternative that meets the statutory requirements for approval. An appli- does not intend to resubmit and/or sup- cant requesting partial approval of any plement the application, the applica- proposal should indicate its priorities tion will be denied. This closes the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00816 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 161.317 matter without prejudice to later ap- (iii) The applicant declines to com- plication and does not constitute dis- plete the application. This closes the approval of the proposed restriction. matter without prejudice to later ap- (4) If the applicant chooses to resub- plication, and does not constitute dis- mit and supplement the application, approval of the proposed restriction.

the following procedures apply: § 161.315 Receipt of complete applica- (i) Upon receipt of the resubmitted tion.

application, the FAA determines whether the application, as supple- (a) When a complete application has mented, is complete as set forth in been received, the FAA will notify the paragraph (a) of this section. applicant by letter that the FAA in- (ii) If the application is complete, the tends to act on the application.

procedures set forth in § 161.315 shall be (b) The FAA will publish notice of followed. The 180-day review period the proposed restriction in the F ED - starts on the date of receipt of the last ERAL REGISTER , inviting interested par- supplement to the application. ties to file comments on the applica- (iii) If the application is still not tion within 30 days after publication of complete with respect to the proposed the F EDERAL R EGISTER notice.

restriction or at least one submitted § 161.317 Approval or disapproval of alternative, the FAA so advises the ap- proposed restriction.

plicant as set forth in paragraph (c)(1) of this section and provides the appli- (a) Upon determination that an appli- cant with an additional opportunity to cation is complete with respect to at supplement the application as set forth least one of the proposals submitted by in paragraph (c)(2) of this section. the applicant, the FAA will act upon (iv) If the environmental documenta- the complete proposals in the applica- tion (either an environmental assess- tion. The FAA will not act on any pro- ment or information supporting a cat- posal for which the applicant has de- egorical exclusion) is incomplete, the clined to submit additional necessary FAA will so notify the applicant in information.

writing, returning the application and (b) The FAA will review the appli- setting forth the types of information cant’s proposals in the preference order and analysis needed to complete the specified by the applicant. The FAA documentation. The FAA will continue may request additional information to return an application until adequate from aircraft operators, or any other environmental documentation is pro- party, and may convene an informal vided. When the application is deter- meeting to gather facts relevant to its mined to be complete, including the determination.

environmental documentation, the 180- (c) The FAA will evaluate the pro- day period for approval or disapproval posal and issue an order approving or will begin upon receipt of the last sup- disapproving the proposed restriction plement to the application. and any submitted alternatives, in (v) Following review of the applica- whole or in part, in the order of pref- tion and its supplements, public com- erence indicated by the applicant. Once ments, and any other information ob- the FAA approves a proposed restric- tained under § 161.317(b), the FAA will tion, the FAA will not consider any issue a decision approving or dis- proposals of lower applicant-stated approving the application. This deci- preference. Approval or disapproval sion is a final decision of the Adminis- will be given by the FAA within 180 trator for the purpose of judicial re- days after receipt of the application or view. last supplement thereto under § 161.313.

(5) The FAA will deny the application The FAA will publish its decision in and return it to the applicant if: the F EDERAL R EGISTER and notify the (i) None of the proposals submitted applicant in writing.

are found to be complete; (d) The applicant’s failure to provide (ii) The application has been returned substantial evidence supporting the twice to the applicant for reasons other statutory conditions for approval of a than completion of the environmental particular proposal is grounds for dis- documentation; and approval of that proposed restriction.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00817 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 161.319 (e) The FAA will approve or dis- (b) If the airport operator elects to approve only the Stage 3 aspects of a use 14 CFR part 150 procedures to com- restriction if the restriction applies to ply with this subpart, the operator both Stage 2 and Stage 3 aircraft oper- shall: ations. (1) Ensure that all parties identified for direct notice under § 161.303(b) are (f) An order approving a restriction notified that the airport’s 14 CFR part may be subject to requirements that 150 program submission will include a the applicant: proposed Stage 3 restriction under part (1) Comply with factual representa- 161, and that these parties are offered tions and commitments in support of the opportunity to participate as con- the restriction; and sulted parties during the development (2) Ensure that any environmental of the 14 CFR part 150 program; mitigation actions or commitments by (2) Include the information required any party that are set forth in the en- in § 161.303(c) (2) through (5) and § 161.305 vironmental documentation provided in the analysis of the proposed restric- in support of the restriction are imple- tion in the 14 CFR part 150 program mented.

submission; and (3) Include in its 14 CFR part 150 sub- § 161.319 Withdrawal or revision of re- mission to the FAA evidence of compli- striction.

ance with the notice requirements in (a) The applicant may withdraw or paragraph (b)(1) of this section and in- revise a proposed restriction at any clude the information required for a time prior to FAA approval or dis- part 161 application in § 161.311, to- approval, and must do so if substantial gether with a clear identification that changes are made as described in the 14 CFR part 150 submission in- § 161.309. The applicant shall notify the cludes a proposed Stage 3 restriction FAA in writing of a decision to with- for FAA review and approval under draw the proposed restriction for any §§ 161.313, 161.315, and 161.317.

reason. The FAA will publish a notice (c) The FAA will evaluate the pro- in the F EDERAL R EGISTER that it has posed part 161 restriction on Stage 3 terminated its review without preju- aircraft operations included in the 14 dice to resubmission. A resubmission CFR part 150 submission in accordance will be considered a new application.

with the procedures and standards of (b) A subsequent amendment to a this part, and will review the total 14 Stage 3 restriction that was in effect CFR part 150 submission in accordance after October 1, 1990, or an amendment with the procedures and standards of 14 to a Stage 3 restriction previously ap- CFR part 150.

proved by the FAA, is subject to the (d) An amendment of a restriction, as procedures in this subpart if the specified in § 161.319(b) of this part, may amendment will further reduce or limit also be processed under 14 CFR part 150 aircraft operations or affect aircraft procedures.

safety. The applicant may, at its op- tion, revise or amend a restriction pre- § 161.323 Notification of a decision not viously disapproved by the FAA and re- to implement a restriction.

submit it for approval. Amendments If a Stage 3 restriction has been ap- are subject to the same requirements proved by the FAA and the restriction and procedures as initial submissions.

is not subsequently implemented, the applicant shall so advise the interested § 161.321 Optional use of 14 CFR part parties specified in § 161.309(a) of this 150 procedures.

part.

(a) An airport operator may use the § 161.325 Availability of data and com- procedures in part 150 of this chapter, ments on an implemented restric- instead of the procedures described in tion.

§§ 161.303(b) and 161.309(b) of this part, as a means of providing an adequate The applicant shall retain all rel- public notice and opportunity to com- evant supporting data and all com- ment on proposed Stage 3 restrictions, ments relating to an approved restric- including submitted alternatives. tion for as long as the restriction is in VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00818 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 161.405 effect and shall make these materials such arguments on a case-by-case available for inspection upon request basis.

by the FAA. This information shall be (2) A change in the noise environ- made available for inspection by any ment justifies reevaluation if the person during the pendency of any peti- change is likely to result in the restric- tion for reevaluation found justified by tion not meeting one or more of the the FAA.

conditions for approval set forth in § 161.305 of this part for approval. The aircraft operator must demonstrate Subpart E—Reevaluation of Stage that such a result is likely to occur.

3 Restrictions (c) A reevaluation may not occur less § 161.401 Scope.

than 2 years after the date of the FAA approval. The FAA will normally apply This subpart applies to an airport im- the same 2-year requirement to agree- posing a noise or access restriction on ments under subpart B of this part that the operation of Stage 3 aircraft that affect Stage 3 aircraft operations. An first became effective after October 1, aircraft operator may submit to the 1990, and had either been agreed to in FAA reasons why an agreement under compliance with the procedures in sub- subpart B of this part should be re- part B of this part or approved by the evaluated in less than 2 years, and the FAA in accordance with the procedures FAA will consider such arguments on a in subpart D of this part. This subpart case-by-case basis.

does not apply to Stage 2 restrictions (d) An aircraft operator must dem- imposed by airports. This subpart does onstrate that it has made a good faith not apply to Stage 3 restrictions spe- cifically exempted in § 161.7. attempt to resolve locally any dispute over a restriction with the affected § 161.403 Criteria for reevaluation.

parties, including the airport operator, before requesting reevaluation by the (a) A request for reevaluation must FAA. Such demonstration and certifi- be submitted by an aircraft operator.

cation shall document all attempts of (b) An aircraft operator must dem- local dispute resolution.

onstrate to the satisfaction of the FAA that there has been a change in the [Docket 26432, 56 FR 48698, Sept. 25, 1991; 56 noise environment of the affected air- FR 51258, Oct. 10, 1991] port and that a review and reevalua- tion pursuant to the criteria in § 161.305 § 161.405 Request for reevaluation.

is therefore justified.

(a) A request for reevaluation sub- (1) A change in the noise environ- mitted to the FAA by an aircraft oper- ment sufficient to justify reevaluation ator must include the following infor- is either a DNL change of 1.5 dB or mation: greater (from the restriction’s antici- (1) The name of the airport and asso- pated target noise level result) over ciated cities and states; noncompatible land uses, or a change (2) A clear, concise description of the of 17 percent or greater in the non- restriction and any sanctions for non- compatible land uses, within an airport compliance, whether the restriction noise study area. For approved restric- was approved by the FAA or agreed to tions, calculation of change shall be by the airport operator and aircraft op- based on the divergence of actual noise erators, the date of the approval or impact of the restriction from the esti- agreement, and a copy of the restric- mated noise impact of the restriction tion as incorporated in a local ordi- predicted in the analysis required in nance, airport rule, lease, or other doc- § 161.305(e)(2)(i)(A)( 1 )( ii ). The change in ument; the noise environment or in the non- (3) The quantified change in the noise compatible land uses may be either an environment using methodology speci- increase or decrease in noise or in non- fied in this part; compatible land uses. An aircraft oper- ator may submit to the FAA reasons (4) Evidence of the relationship be- why a change that does not fall within tween this change and the likelihood either of these parameters justifies re- that the restriction does not meet one evaluation, and the FAA will consider or more of the conditions in § 161.305; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00819 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 161.407 (5) The aircraft operator’s status (3) Each Federal, State, and local under the restriction (e.g., currently agency with land-use control jurisdic- affected operator, potential new en- tion within the airport noise study trant) and an explanation of the air- area (or the airport vicinity for agree- craft operator’s specific objection; and ments where an airport noise study (6) A description and evidence of the area has not been delineated); aircraft operator’s attempt to resolve (4) Fixed-base operators and other the dispute locally with the affected airport tenants whose operations may parties, including the airport operator.

be affected by the agreement or the re- (b) The FAA will evaluate the air- striction; craft operator’s submission and deter- (5) Community groups and business mine whether or not a reevaluation is organizations that are known to be in- justified. The FAA may request addi- terested in the restriction; and tional information from the airport op- (6) Any other party that commented erator or any other party and may con- on the original restriction.

vene an informal meeting to gather (b) Each notice provided in accord- facts relevant to its determination.

ance with paragraph (a) of this section (c) The FAA will notify the aircraft shall include: operator in writing, with a copy to the (1) The name of the airport and asso- affected airport operator, of its deter- ciated cities and states; mination.

(2) A clear, concise description of the (1) If the FAA determines that a re- restriction, including whether the re- evaluation is not justified, it will indi- striction was approved by the FAA or cate the reasons for this decision.

agreed to by the airport operator and (2) If the FAA determines that a re- aircraft operators, and the date of the evaluation is justified, the aircraft op- approval or agreement; erator will be notified to complete its (3) The name of the aircraft operator analysis and to begin the public notice procedure, as set forth in this subpart. requesting a reevaluation, and a state- ment that a reevaluation has been re- § 161.407 Notice of reevaluation.

quested and that the FAA has deter- mined that a reevaluation is justified; (a) After receiving an FAA deter- mination that a reevaluation is justi- (4) A brief discussion of the reasons fied, an aircraft operator desiring con- why a reevaluation is justified; tinuation of the reevaluation process (5) An analysis prepared in accord- shall publish a notice of request for re- ance with § 161.409 of this part sup- evaluation in an areawide newspaper or porting the aircraft operator’s reevalu- newspapers that either singly or to- ation request, or an announcement of gether has general circulation through- where the analysis is available for pub- out the airport noise study area (or the lic inspection; airport vicinity for agreements where (6) An invitation to comment on the an airport noise study area has not analysis supporting the proposed re- been delineated); post a notice in the evaluation, with a minimum 45-day airport in a prominent location acces- comment period; sible to airport users and the public; (7) Information on how to request a and directly notify in writing the fol- copy of the analysis (if not in the no- lowing parties: tice); and (1) The airport operator, other air- (8) The address for submitting com- craft operators providing scheduled ments to the aircraft operator, includ- passenger or cargo service at the air- ing identification of a contact person.

port, operators of aircraft based at the airport, potential new entrants that § 161.409 Required analysis by reevalu- are known to be interested in serving ation petitioner.

the airport, and aircraft operators known to be routinely providing non- (a) An aircraft operator that has pe- scheduled service; titioned the FAA to reevaluate a re- (2) The Federal Aviation Administra- striction shall assume the burden of tion; analysis for the reevaluation.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00820 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 161.413 (b) The aircraft operator’s analysis interested parties specified in para- shall be made available for public re- graph (b) of this section upon request.

view under the procedures in § 161.407 Comments must be retained for two and shall include the following: years.

(1) A copy of the restriction or the (b) Each aircraft operator shall language of the agreement as incor- promptly notify interested parties if it porated in a local ordinance, airport makes a substantial change in its anal- rule, lease, or other document; ysis that affects either the costs or (2) The aircraft operator’s status benefits analyzed, or the criteria in under the restriction (e.g., currently § 161.305, differently from the analysis affected operator, potential new en- made available for comment in accord- trant) and an explanation of the air- ance with § 161.407. Interested parties craft operator’s specific objection to include those who received direct no- the restriction; tice under paragraph (a) of § 161.407 and (3) The quantified change in the noise those who have commented on the re- environment using methodology speci- evaluation. If an aircraft operator re- fied in this part; vises its analysis, it shall make the re- (4) Evidence of the relationship be- vised analysis available to an inter- tween this change and the likelihood ested party upon request and shall ex- that the restriction does not meet one tend the comment period at least 45 or more of the conditions in § 161.305; days from the date the revised analysis and is made available.

(5) Sufficient data and analysis se- § 161.413 Reevaluation procedure.

lected from § 161.305, as applicable to the restriction at issue, to support the (a) Each aircraft operator requesting contention made in paragraph (b)(4) of a reevaluation shall submit to the this section. This is to include either FAA: an adequate environmental assessment (1) The analysis described in § 161.409; of the impacts of discontinuing all or (2) Evidence that the public review part of a restriction in accordance with process was carried out in accordance the aircraft operator’s petition, or ade- with §§ 161.407 and 161.411, including the quate information supporting a cat- aircraft operator’s summary of the egorical exclusion under FAA orders comments received; and implementing the National Environ- (3) A request that the FAA complete mental Policy Act of 1969 (42 U.S.C. a reevaluation of the restriction and 4321). issue findings.

(c) The amount of analysis may vary (b) Following confirmation by the with the complexity of the restriction, FAA that the aircraft operator’s docu- the number and nature of the condi- mentation is complete according to the tions in § 161.305 that are alleged to be requirements of this subpart, the FAA unsupported, and the amount of pre- will publish a notice of reevaluation in vious analysis developed in support of the F EDERAL R EGISTER and provide for the restriction. The aircraft operator a 45-day comment period during which may incorporate analysis previously interested parties may submit com- developed in support of the restriction, ments to the FAA. The FAA will spe- including previous environmental doc- cifically solicit comments from the af- umentation to the extent applicable. fected airport operator and affected The applicant is responsible for pro- local governments. A submission that viding substantial evidence, as de- is not complete will be returned to the scribed in § 161.305, that one or more of aircraft operator with a letter indi- the conditions are not supported. cating the deficiency, and no notice will be published. No further action § 161.411 Comment by interested par- will be taken by the FAA until a com- ties.

plete submission is received.

(a) Each aircraft operator requesting (c) The FAA will review all sub- a reevaluation shall establish a docket mitted documentation and comments or similar method for receiving and pursuant to the conditions of § 161.305.

considering comments and shall make To the extent necessary, the FAA may comments available for inspection to request additional information from VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00821 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 161.415 the aircraft operator, airport operator, port grant funds and authority to im- and others known to have information pose or collect passenger facility material to the reevaluation, and may charges for an airport operator’s fail- convene an informal meeting to gather ure to comply with the Airport Noise facts relevant to a reevaluation find- and Capacity Act of 1990 (49 U.S.C. App.

ing.

2151 et seq. ) or this part. These proce- dures may be used with or in addition § 161.415 Reevaluation action.

to any judicial proceedings initiated by (a) Upon completing the reevalua- the FAA to protect the national avia- tion, the FAA will issue appropriate or- tion system and related Federal inter- ders regarding whether or not there is ests.

substantial evidence that the restric- (b) Under no conditions shall any air- tion meets the criteria in § 161.305 of port operator receive revenues under this part. the provisions of the Airport and Air- (b) If the FAA’s reevaluation con- way Improvement Act of 1982 or impose firms that the restriction meets the or collect a passenger facility charge criteria, the restriction may remain as under section 1113(e) of the Federal previously agreed to or approved. If the Aviation Act of 1958 if the FAA deter- FAA’s reevaluation concludes that the mines that the airport is imposing any restriction does not meet the criteria, noise or access restriction not in com- the FAA will withdraw a previous ap- pliance with the Airport Noise and Ca- proval of the restriction issued under pacity Act of 1990 or this part. Recision subpart D of this part to the extent of, or a commitment in writing signed necessary to bring the restriction into by an authorized official of the airport compliance with this part or, with re- operator to rescind or permanently not spect to a restriction agreed to under enforce, a noncomplying restriction subpart B of this part, the FAA will will be treated by the FAA as action specify which criteria are not met.

restoring compliance with the Airport (c) The FAA will publish a notice of Noise and Capacity Act of 1990 or this its reevaluation findings in the F ED - part with respect to that restriction.

ERAL R EGISTER and notify in writing the aircraft operator that petitioned § 161.503 Informal resolution; notice of apparent violation.

the FAA for reevaluation and the af- fected airport operator.

Prior to the initiation of formal ac- tion to terminate eligibility for airport § 161.417 Notification of status of re- grant funds or authority to impose or strictions and agreements not meet- collect passenger facility charges ing conditions-of-approval criteria.

under this subpart, the FAA shall un- If the FAA has withdrawn all or part dertake informal resolution with the of a previous approval made under sub- airport operator to assure compliance part D of this part, the relevant por- with the Airport Noise and Capacity tion of the Stage 3 restriction must be Act of 1990 or this part upon receipt of rescinded. The operator of the affected a complaint or other evidence that an airport shall notify the FAA of the op- airport operator has taken action to erator’s action with regard to a restric- impose a noise or access restriction tion affecting Stage 3 aircraft oper- that appears to be in violation. This ations that has been found not to meet shall not preclude a FAA application the criteria of § 161.305. Restrictions in for expedited judicial action for other agreements determined by the FAA not than termination of airport grants and to meet conditions for approval may passenger facility charges to protect not be enforced with respect to Stage 3 the national aviation system and vio- aircraft operations.

lated federal interests. If informal res- olution is not successful, the FAA will Subpart F—Failure To Comply With notify the airport operator in writing This Part of the apparent violation. The airport operator shall respond to the notice in § 161.501 Scope.

writing not later than 20 days after re- (a) This subpart describes the proce- ceipt of the notice, and also state dures to terminate eligibility for air- whether the airport operator will agree VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00822 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 161.505 to defer implementation or enforce- (3) If the FAA determines that the ment of its noise or access restriction airport operator has taken action to until completion of the process under impose a noise or access restriction in this subpart to determine compliance. violation of the Airport Noise and Ca- pacity Act of 1990 or this part, the FAA § 161.505 Notice of proposed termi- will notify the airport operator in writ- nation of airport grant funds and ing of such determination. Where ap- passenger facility charges.

propriate, the FAA may prescribe cor- (a) The FAA begins proceedings rective action, including corrective ac- under this section to terminate an air- tion the airport operator may still port operator’s eligibility for airport need to take. Within 10 days of receipt grant funds and authority to impose or of the FAA’s determination, the air- collect passenger facility charges only port operator shall— if the FAA determines that informal (i) Advise the FAA in writing that it resolution is not successful.

will complete any corrective action (b) The following procedures shall prescribed by the FAA within 30 days; apply if an airport operator agrees in or writing, within 20 days of receipt of the (ii) Provide the FAA with a list of FAA’s notice of apparent violation the domestic air carriers and foreign under § 161.503, to defer implementation air carriers operating at the airport or enforcement of a noise or access re- and all other issuing carriers, as de- striction until completion of the proc- fined in § 158.3 of this chapter, that ess under this subpart to determine have remitted passenger facility compliance. charge revenue to the airport in the (1) The FAA will issue a notice of preceding 12 months.

proposed termination to the airport op- (4) If the FAA finds that the airport erator and publish notice of the pro- operator has taken satisfactory correc- posed action in the F EDERAL R EGISTER . tive action, the FAA will notify the This notice will state the scope of the airport operator in writing and publish proposed termination, the basis for the notice of compliance in the F EDERAL proposed action, and the date for filing R EGISTER . If the FAA has determined written comments or objections by all that the airport operator has imposed a interested parties. This notice will also noise or access restriction in violation identify any corrective action the air- of the Airport Noise and Capacity Act port operator can take to avoid further of 1990 or this part and satisfactory proceedings. The due date for com- corrective action has not been taken, ments and corrective action by the air- the FAA will issue an order that— port operator shall be specified in the (i) Terminates eligibility for new air- notice of proposed termination and port grant agreements and discon- shall not be less than 60 days after pub- tinues payments of airport grant funds, lication of the notice. including payments of costs incurred (2) The FAA will review the com- prior to the notice; and ments, statements, and data supplied (ii) Terminates authority to impose by the airport operator, and any other or collect a passenger facility charge available information, to determine if or, if the airport operator has not re- the airport operator has provided satis- ceived approval to impose a passenger factory evidence of compliance or has facility charge, advises the airport op- taken satisfactory corrective action. erator that future applications for such The FAA will consult with the airport approval will be denied in accordance operator to attempt resolution and with § 158.29(a)(1)(v) of this chapter.

may request additional information (5) The FAA will publish notice of the from other parties to determine com- order in the F EDERAL R EGISTER and no- pliance. The review and consultation tify air carriers of the FAA’s order and process shall take not less than 30 actions to be taken to terminate or days. If the FAA finds satisfactory evi- modify collection of passenger facility dence of compliance, the FAA will no- charges in accordance with § 158.85(f) of tify the airport operator in writing and this chapter.

publish notice of compliance in the (c) The following procedures shall F EDERAL R EGISTER . apply if an airport operator does not VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00823 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) Pt. 169 agree in writing, within 20 days of re- § 169.1 Applicability.

ceipt of the FAA’s notice of apparent (a) This part prescribes the require- violation under § 161.503, to defer imple- ments for issuing a written rec- mentation or enforcement of its noise ommendation and certification that a or access restriction until completion proposed project is reasonably nec- of the process under this subpart to de- essary for use in air commerce or in termine compliance.

the interests of national defense. The (1) The FAA will issue a notice of first two sentences of section 308(a) of proposed termination to the airport op- the Federal Aviation Act of 1958 (49 erator and publish notice of the pro- U.S.C. 1349(a)): (1) Require such a rec- posed action in the F EDERAL R EGISTER .

ommendation and certification where This notice will state the scope of the Federal funds are to be expended for proposed termination, the basis for the nonmilitary purposes for airports or proposed action, and the date for filing air navigation facilities thereon; and written comments or objections by all (2) provide that any interested person interested parties. This notice will also may apply to the Administrator, under identify any corrective action the air- regulations prescribed by him, for a port operator can take to avoid further recommendation and certification.

proceedings. The due date for com- (b) This part does not apply to ments and corrective action by the air- projects for the expenditure of Federal funds for military purposes or for air- port operator shall be specified in the ports, or air navigation facilities there- notice of proposed termination and on, operated by the Federal Aviation shall not be less than 30 days after pub- Administration.

lication of the notice.

(2) The FAA will review the com- [Docket 9256, 34 FR 5718, Mar. 27, 1969] ments, statements, and data supplied by the airport operator, and any other § 169.3 Application for recommenda- tion and certification.

available information, to determine if the airport operator has provided satis- (a) Any interested person may apply factory evidence of compliance or has to the Administrator for a rec- taken satisfactory corrective action. If ommendation and certification with the FAA finds satisfactory evidence of respect to a proposed project for the compliance, the FAA will notify the acquisition, establishment, construc- airport operator in writing and publish tion, alteration, repair, maintenance, notice of compliance in the F EDERAL or operation of an airport or an air R EGISTER . navigation facility thereon by or in his interests, on which Federal funds are (3) If the FAA determines that the proposed to be expended for non- airport operator has taken action to military purposes. The application impose a noise or access restriction in shall be filed with the Regional Air- violation of the Airport Noise and Ca- ports Division or Airports District Of- pacity Act of 1990 or this part, the pro- fice, whichever is appropriate, in whose cedures in paragraphs (b)(3) through geographical area the airport is lo- (b)(5) of this section will be followed.

cated. The application must state— (1) The name and address of the ap- PART 169—EXPENDITURE OF FED- plicant, the owner of the airport, and ERAL FUNDS FOR NONMILITARY the individual responsible for its oper- AIRPORTS OR AIR NAVIGATION ation and maintenance, and the inter- FACILITIES THEREON est of the applicant in the matter; (2) The location of the airport, and of Sec.

any air navigation facilities thereon; 169.1 Applicability.

(3) A technical description of the 169.3 Application for recommendation and project; certification.

(4) The information contained in the 169.5 FAA determination.

notice required by § 157.3 of this chap- ter; and A UTHORITY : 49 U.S.C. 106(g), 40101–40107, (5) All available pertinent data relat- 40113–40114, 44501–44502, 46104, 47122, 47151– 47153, 47302–47306. ing to the necessity of the airport or VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00824 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR