Section 161.307

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

(4) Evidence that alternative transportation service can be attained
through other means of transportation.
(5) Information on the absence of adverse evidence or adverse comments
with respect to undue burden in the notice process required in Section 161.303, or alternatively in Section 161.321, of this part as
evidence that there is no undue burden.
(iii) Condition 3: The proposed restriction maintains safe and efficient use of
the navigable airspace. Essential information needed to demonstrate this
statutory condition includes evidence
that the proposed restriction maintains safe and efficient use of the navigable airspace based upon:
(A) Identification of airspace and obstacles to navigation in the vicinity of
the airport; and
(B) An analysis of the effects of the
proposed restriction with respect to
use of airspace in the vicinity of the
airport, substantiating that the restriction maintains or enhances safe
and efficient use of the navigable airspace. The analysis shall include a description of the methods and data used.
(iv) Condition 4: The proposed restriction does not conflict with any existing
Federal statute or regulation. Essential
information needed to demonstrate
this condition includes evidence demonstrating that no conflict is presented
between the proposed restriction and
any existing Federal statute or regulation, including those governing:
(A) Exclusive rights;
(B) Control of aircraft operations;
and
(C) Existing Federal grant agreements.
(v) Condition 5: The applicant has provided adequate opportunity for public
comment on the proposed restriction. Essential information needed to demonstrate this condition includes evidence that there has been adequate opportunity for public comment on the
restriction as specified in Section 161.303 or
Section 161.321 of this part.
(vi) Condition 6: The proposed restriction does not create an undue burden on
the national aviation system. Essential
information needed to demonstrate
this condition includes evidence that
the proposed restriction does not create an undue burden on the national
aviation system such as:

(A) An analysis demonstrating that
the proposed restriction does not have
a substantial adverse effect on existing
or planned airport system capacity, on
observed or forecast airport system
congestion and aircraft delay, and on
airspace system capacity or workload;
(B) An analysis demonstrating that
nonaircraft alternative measures to
achieve the same goals as the proposed
subject restrictions are inappropriate;
(C) The absence of comments with respect to imposition of an undue burden
on the national aviation system in response to the notice required in
Section 161.303 or Section 161.321.
Section 161.307
ties.

Comment by interested par-

(a) Each applicant proposing a restriction shall establish a public docket or similar method for receiving and
considering comments, and shall make
comments available for inspection by
interested parties upon request. Comments must be retained as long as the
restriction is in effect.
(b) Each applicant shall submit to
the FAA a summary of any comments
received. Upon request by the FAA, the
applicant shall submit copies of the
comments.
Section 161.309 Requirements
changes.

for

(a) Each applicant shall promptly advise interested parties of any changes
to a proposed restriction or alternative
restriction that are not encompassed in
the proposals submitted, including
changes that affect noncompatible land
uses or that take place before the effective date of the restriction, and make
available these changes to the proposed
restriction and its analysis. For the
purpose of this paragraph, interested
parties include those who received direct notice under Section 161.303(b) of this
part, or those who were required to be
consulted in accordance with the procedures in Section 161.321 of this part, and
those who commented on the proposed
restriction.
(b) If there are substantial changes to
a proposed restriction or the analysis
made available prior to the effective
date of the restriction, the applicant
proposing the restriction shall initiate

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