Federal Aviation Administration, DOT

Section 161.325

(e) The FAA will approve or disapprove only the Stage 3 aspects of a
restriction if the restriction applies to
both Stage 2 and Stage 3 aircraft operations.
(f) An order approving a restriction
may be subject to requirements that
the applicant:
(1) Comply with factual representations and commitments in support of
the restriction; and
(2) Ensure that any environmental
mitigation actions or commitments by
any party that are set forth in the environmental documentation provided
in support of the restriction are implemented.
Section 161.319 Withdrawal or revision of restriction.
(a) The applicant may withdraw or
revise a proposed restriction at any
time prior to FAA approval or disapproval, and must do so if substantial
changes are made as described in
Section 161.309. The applicant shall notify the
FAA in writing of a decision to withdraw the proposed restriction for any
reason. The FAA will publish a notice
in the FEDERAL REGISTER that it has
terminated its review without prejudice to resubmission. A resubmission
will be considered a new application.
(b) A subsequent amendment to a
Stage 3 restriction that was in effect
after October 1, 1990, or an amendment
to a Stage 3 restriction previously approved by the FAA, is subject to the
procedures in this subpart if the
amendment will further reduce or limit
aircraft operations or affect aircraft
safety. The applicant may, at its option, revise or amend a restriction previously disapproved by the FAA and resubmit it for approval. Amendments
are subject to the same requirements
and procedures as initial submissions.
Section 161.321 Optional use of 14 CFR part
150 procedures.
(a) An airport operator may use the
procedures in part 150 of this chapter,
instead of the procedures described in
SectionSection 161.303(b) and 161.309(b) of this part,
as a means of providing an adequate
public notice and opportunity to comment on proposed Stage 3 restrictions,
including submitted alternatives.

(b) If the airport operator elects to
use 14 CFR part 150 procedures to comply with this subpart, the operator
shall:
(1) Ensure that all parties identified
for direct notice under Section 161.303(b) are
notified that the airport-s 14 CFR part
150 program submission will include a
proposed Stage 3 restriction under part
161, and that these parties are offered
the opportunity to participate as consulted parties during the development
of the 14 CFR part 150 program;
(2) Include the information required
in Section 161.303(c) (2) through (5) and Section 161.305
in the analysis of the proposed restriction in the 14 CFR part 150 program
submission; and
(3) Include in its 14 CFR part 150 submission to the FAA evidence of compliance with the notice requirements in
paragraph (b)(1) of this section and include the information required for a
part 161 application in Section 161.311, together with a clear identification that
the 14 CFR part 150 submission includes a proposed Stage 3 restriction
for FAA review and approval under
SectionSection 161.313, 161.315, and 161.317.
(c) The FAA will evaluate the proposed part 161 restriction on Stage 3
aircraft operations included in the 14
CFR part 150 submission in accordance
with the procedures and standards of
this part, and will review the total 14
CFR part 150 submission in accordance
with the procedures and standards of 14
CFR part 150.
(d) An amendment of a restriction, as
specified in Section 161.319(b) of this part, may
also be processed under 14 CFR part 150
procedures.
Section 161.323 Notification of a decision not
to implement a restriction.
If a Stage 3 restriction has been approved by the FAA and the restriction
is not subsequently implemented, the
applicant shall so advise the interested
parties specified in Section 161.309(a) of this
part.
Section 161.325 Availability of data and comments on an implemented restriction.
The applicant shall retain all relevant supporting data and all comments relating to an approved restriction for as long as the restriction is in

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