Section 161.305

14 CFR Ch. I (1-1-19 Edition)

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 per-

mit 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 SectionSection 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.

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