Section 161.315

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

matter without prejudice to later application and does not constitute disapproval of the proposed restriction.
(4) If the applicant chooses to resubmit and supplement the application,
the following procedures apply:
(i) Upon receipt of the resubmitted
application,
the
FAA
determines
whether the application, as supplemented, is complete as set forth in
paragraph (a) of this section.
(ii) If the application is complete, the
procedures set forth in Section 161.315 shall be
followed. The 180-day review period
starts on the date of receipt of the last
supplement to the application.
(iii) If the application is still not
complete with respect to the proposed
restriction or at least one submitted
alternative, the FAA so advises the applicant as set forth in paragraph (c)(1)
of this section and provides the applicant with an additional opportunity to
supplement the application as set forth
in paragraph (c)(2) of this section.
(iv) If the environmental documentation (either an environmental assessment or information supporting a categorical exclusion) is incomplete, the
FAA will so notify the applicant in
writing, returning the application and
setting forth the types of information
and analysis needed to complete the
documentation. The FAA will continue
to return an application until adequate
environmental documentation is provided. When the application is determined to be complete, including the
environmental documentation, the 180day period for approval or disapproval
will begin upon receipt of the last supplement to the application.
(v) Following review of the application and its supplements, public comments, and any other information obtained under Section 161.317(b), the FAA will
issue a decision approving or disapproving the application. This decision is a final decision of the Administrator for the purpose of judicial review.
(5) The FAA will deny the application
and return it to the applicant if:
(i) None of the proposals submitted
are found to be complete;
(ii) The application has been returned
twice to the applicant for reasons other
than completion of the environmental
documentation; and

(iii) The applicant declines to complete the application. This closes the
matter without prejudice to later application, and does not constitute disapproval of the proposed restriction.
Section 161.315 Receipt of complete application.
(a) When a complete application has
been received, the FAA will notify the
applicant by letter that the FAA intends to act on the application.
(b) The FAA will publish notice of
the proposed restriction in the FEDERAL REGISTER, inviting interested parties to file comments on the application within 30 days after publication of
the FEDERAL REGISTER notice.
Section 161.317 Approval or disapproval of
proposed restriction.
(a) Upon determination that an application is complete with respect to at
least one of the proposals submitted by
the applicant, the FAA will act upon
the complete proposals in the application. The FAA will not act on any proposal for which the applicant has declined to submit additional necessary
information.
(b) The FAA will review the applicant-s proposals in the preference order
specified by the applicant. The FAA
may request additional information
from aircraft operators, or any other
party, and may convene an informal
meeting to gather facts relevant to its
determination.
(c) The FAA will evaluate the proposal and issue an order approving or
disapproving the proposed restriction
and any submitted alternatives, in
whole or in part, in the order of preference indicated by the applicant. Once
the FAA approves a proposed restriction, the FAA will not consider any
proposals of lower applicant-stated
preference. Approval or disapproval
will be given by the FAA within 180
days after receipt of the application or
last supplement thereto under Section 161.313.
The FAA will publish its decision in
the FEDERAL REGISTER and notify the
applicant in writing.
(d) The applicant-s failure to provide
substantial evidence supporting the
statutory conditions for approval of a
particular proposal is grounds for disapproval of that proposed restriction.

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