Section 161.401

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

effect and shall make these materials
available for inspection upon request
by the FAA. This information shall be
made available for inspection by any
person during the pendency of any petition for reevaluation found justified by
the FAA.

Subpart E - Reevaluation of Stage
3 Restrictions
Section 161.401 Scope.
This subpart applies to an airport imposing a noise or access restriction on
the operation of Stage 3 aircraft that
first became effective after October 1,
1990, and had either been agreed to in
compliance with the procedures in subpart B of this part or approved by the
FAA in accordance with the procedures
in subpart D of this part. This subpart
does not apply to Stage 2 restrictions
imposed by airports. This subpart does
not apply to Stage 3 restrictions specifically exempted in Section 161.7.
Section 161.403 Criteria for reevaluation.
(a) A request for reevaluation must
be submitted by an aircraft operator.
(b) An aircraft operator must demonstrate to the satisfaction of the FAA
that there has been a change in the
noise environment of the affected airport and that a review and reevaluation pursuant to the criteria in Section 161.305
is therefore justified.
(1) A change in the noise environment sufficient to justify reevaluation
is either a DNL change of 1.5 dB or
greater (from the restriction-s anticipated target noise level result) over
noncompatible land uses, or a change
of 17 percent or greater in the noncompatible land uses, within an airport
noise study area. For approved restrictions, calculation of change shall be
based on the divergence of actual noise
impact of the restriction from the estimated noise impact of the restriction
predicted in the analysis required in
Section 161.305(e)(2)(i)(A)(1)(ii). The change in
the noise environment or in the noncompatible land uses may be either an
increase or decrease in noise or in noncompatible land uses. An aircraft operator may submit to the FAA reasons
why a change that does not fall within
either of these parameters justifies reevaluation, and the FAA will consider

such arguments on a case-by-case
basis.
(2) A change in the noise environment justifies reevaluation if the
change is likely to result in the restriction not meeting one or more of the
conditions for approval set forth in
Section 161.305 of this part for approval. The
aircraft operator must demonstrate
that such a result is likely to occur.
(c) A reevaluation may not occur less
than 2 years after the date of the FAA
approval. The FAA will normally apply
the same 2-year requirement to agreements under subpart B of this part that
affect Stage 3 aircraft operations. An
aircraft operator may submit to the
FAA reasons why an agreement under
subpart B of this part should be reevaluated in less than 2 years, and the
FAA will consider such arguments on a
case-by-case basis.
(d) An aircraft operator must demonstrate that it has made a good faith
attempt to resolve locally any dispute
over a restriction with the affected
parties, including the airport operator,
before requesting reevaluation by the
FAA. Such demonstration and certification shall document all attempts of
local dispute resolution.
[Doc. No. 26432, 56 FR 48698, Sept. 25, 1991; 56
FR 51258, Oct. 10, 1991]

Section 161.405

Request for reevaluation.

(a) A request for reevaluation submitted to the FAA by an aircraft operator must include the following information:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the
restriction and any sanctions for noncompliance, whether the restriction
was approved by the FAA or agreed to
by the airport operator and aircraft operators, the date of the approval or
agreement, and a copy of the restriction as incorporated in a local ordinance, airport rule, lease, or other document;
(3) The quantified change in the noise
environment using methodology specified in this part;
(4) Evidence of the relationship between this change and the likelihood
that the restriction does not meet one
or more of the conditions in Section 161.305;

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