Federal Aviation Administration, DOT

Section 161.409

(5) The aircraft operator-s status
under the restriction (e.g., currently
affected operator, potential new entrant) and an explanation of the aircraft operator-s specific objection; and
(6) A description and evidence of the
aircraft operator-s attempt to resolve
the dispute locally with the affected
parties, including the airport operator.
(b) The FAA will evaluate the aircraft operator-s submission and determine whether or not a reevaluation is
justified. The FAA may request additional information from the airport operator or any other party and may convene an informal meeting to gather
facts relevant to its determination.
(c) The FAA will notify the aircraft
operator in writing, with a copy to the
affected airport operator, of its determination.
(1) If the FAA determines that a reevaluation is not justified, it will indicate the reasons for this decision.
(2) If the FAA determines that a reevaluation is justified, the aircraft operator will be notified to complete its
analysis and to begin the public notice
procedure, as set forth in this subpart.
Section 161.407

Notice of reevaluation.

(a) After receiving an FAA determination that a reevaluation is justified, an aircraft operator desiring continuation of the reevaluation process
shall publish a notice of request for reevaluation in an areawide newspaper or
newspapers that either singly or together has general circulation throughout the airport noise study area (or the
airport vicinity for agreements where
an airport noise study area has not
been delineated); post a notice in the
airport in a prominent location accessible to airport users and the public;
and directly notify in writing the following parties:
(1) The airport operator, other aircraft operators providing scheduled
passenger or cargo service at the airport, operators of aircraft based at the
airport, potential new entrants that
are known to be interested in serving
the airport, and aircraft operators
known to be routinely providing nonscheduled service;
(2) The Federal Aviation Administration;

(3) Each Federal, State, and local
agency with land-use control jurisdiction within the airport noise study
area (or the airport vicinity for agreements where an airport noise study
area has not been delineated);
(4) Fixed-base operators and other
airport tenants whose operations may
be affected by the agreement or the restriction;
(5) Community groups and business
organizations that are known to be interested in the restriction; and
(6) Any other party that commented
on the original restriction.
(b) Each notice provided in accordance with paragraph (a) of this section
shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the
restriction, including whether the restriction was approved by the FAA or
agreed to by the airport operator and
aircraft operators, and the date of the
approval or agreement;
(3) The name of the aircraft operator
requesting a reevaluation, and a statement that a reevaluation has been requested and that the FAA has determined that a reevaluation is justified;
(4) A brief discussion of the reasons
why a reevaluation is justified;
(5) An analysis prepared in accordance with Section 161.409 of this part supporting the aircraft operator-s reevaluation request, or an announcement of
where the analysis is available for public inspection;
(6) An invitation to comment on the
analysis supporting the proposed reevaluation, with a minimum 45-day
comment period;
(7) Information on how to request a
copy of the analysis (if not in the notice); and
(8) The address for submitting comments to the aircraft operator, including identification of a contact person.
Section 161.409 Required analysis by reevaluation petitioner.
(a) An aircraft operator that has petitioned the FAA to reevaluate a restriction shall assume the burden of
analysis for the reevaluation.

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