Federal Aviation Administration, DOT

Section 161.313

new notice in accordance with the procedures in Section 161.303 or, alternatively,
the procedures in Section 161.321. These requirements
apply
to
substantial
changes that are not encompassed in
submitted alternative restriction proposals and their analyses. A substantial change to a restriction includes,
but is not limited to, any proposal that
would increase the burden on any aviation user class.
(c) In addition to the information in
Section 161.303(c), a new notice must indicate
that the applicant is revising a previous notice, provide the reason for
making the revision, and provide a new
effective date (if any) for the restriction.
(d) If substantial changes requiring a
new notice are made during the FAA-s
180-day review of the proposed restriction, the applicant submitting the proposed restriction shall notify the FAA
in writing that it is withdrawing its
proposal from the review process until
it has completed additional analysis,
public review, and documentation of
the public review. Resubmission to the
FAA will restart the 180-day review.
Section 161.311 Application procedure for approval of proposed restriction.
Each applicant proposing a Stage 3
restriction shall submit to the FAA the
following information for each restriction and alternative restriction submitted, with a request that the FAA
review and approve the proposed Stage
3 noise or access restriction:
(a) A summary of evidence of the fulfillment of conditions for approval, as
specified in Section 161.305;
(b) An analysis as specified in
Section 161.305, as appropriate to the proposed
restriction;
(c) A statement that the entity submitting the proposal is the party empowered to implement the restriction,
or is submitting the proposal on behalf
of such party; and
(d) A statement as to whether the
airport requests, in the event of disapproval of the proposed restriction or
any alternatives, that the FAA approve
any portion of the restriction or any
alternative that meets the statutory
requirements for approval. An applicant requesting partial approval of any
proposal should indicate its priorities

as to portions of the proposal to be approved.
Section 161.313

Review of application.

(a) Determination of completeness. The
FAA, within 30 days of receipt of an application, will determine whether the
application is complete in accordance
with Section 161.311. Determinations of completeness will be made on all proposed
restrictions and alternatives. This
completeness determination is not an
approval or disapproval of the proposed
restriction.
(b) Process for complete application.
When the FAA determines that a complete application has been submitted,
the following procedures apply:
(1) The FAA notifies the applicant
that it intends to act on the proposed
restriction and publishes notice of the
proposed restriction in the FEDERAL
REGISTER in accordance with Section 161.315.
The 180-day period for approving or disapproving the proposed restriction will
start on the date of original FAA receipt of the application.
(2) Following review of the application, public comments, and any other
information obtained under Section 161.317(b),
the FAA will issue a decision approving
or disapproving the proposed restriction. This decision is a final decision of
the Administrator for purpose of judicial review.
(c) Process for incomplete application.
If the FAA determines that an application is not complete with respect to
any submitted restriction or alternative restriction, the following procedures apply:
(1) The FAA shall notify the applicant in writing, returning the application and setting forth the type of information and analysis needed to complete the application in accordance
with Section 161.311.
(2) Within 30 days after the receipt of
this notice, the applicant shall advise
the FAA in writing whether or not it
intends to resubmit and supplement its
application.
(3) If the applicant does not respond
in 30 days, or advises the FAA that it
does not intend to resubmit and/or supplement the application, the application will be denied. This closes the

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