Section 161.411

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

(b) The aircraft operator-s analysis
shall be made available for public review under the procedures in Section 161.407
and shall include the following:
(1) A copy of the restriction or the
language of the agreement as incorporated in a local ordinance, airport
rule, lease, or other document;
(2) 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 to
the restriction;
(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;
and
(5) Sufficient data and analysis selected from Section 161.305, as applicable to
the restriction at issue, to support the
contention made in paragraph (b)(4) of
this section. This is to include either
an adequate environmental assessment
of the impacts of discontinuing all or
part of a restriction in accordance with
the aircraft operator-s petition, or adequate information supporting a categorical exclusion under FAA orders
implementing the National Environmental Policy Act of 1969 (42 U.S.C.
4321).
(c) The amount of analysis may vary
with the complexity of the restriction,
the number and nature of the conditions in Section 161.305 that are alleged to be
unsupported, and the amount of previous analysis developed in support of
the restriction. The aircraft operator
may incorporate analysis previously
developed in support of the restriction,
including previous environmental documentation to the extent applicable.
The applicant is responsible for providing substantial evidence, as described in Section 161.305, that one or more of
the conditions are not supported.
Section 161.411 Comment by interested parties.
(a) Each aircraft operator requesting
a reevaluation shall establish a docket
or similar method for receiving and
considering comments and shall make
comments available for inspection to

interested parties specified in paragraph (b) of this section upon request.
Comments must be retained for two
years.
(b) Each aircraft operator shall
promptly notify interested parties if it
makes a substantial change in its analysis that affects either the costs or
benefits analyzed, or the criteria in
Section 161.305, differently from the analysis
made available for comment in accordance with Section 161.407. Interested parties
include those who received direct notice under paragraph (a) of Section 161.407 and
those who have commented on the reevaluation. If an aircraft operator revises its analysis, it shall make the revised analysis available to an interested party upon request and shall extend the comment period at least 45
days from the date the revised analysis
is made available.
Section 161.413 Reevaluation procedure.
(a) Each aircraft operator requesting
a reevaluation shall submit to the
FAA:
(1) The analysis described in Section 161.409;
(2) Evidence that the public review
process was carried out in accordance
with SectionSection 161.407 and 161.411, including the
aircraft operator-s summary of the
comments received; and
(3) A request that the FAA complete
a reevaluation of the restriction and
issue findings.
(b) Following confirmation by the
FAA that the aircraft operator-s documentation is complete according to the
requirements of this subpart, the FAA
will publish a notice of reevaluation in
the FEDERAL REGISTER and provide for
a 45-day comment period during which
interested parties may submit comments to the FAA. The FAA will specifically solicit comments from the affected airport operator and affected
local governments. A submission that
is not complete will be returned to the
aircraft operator with a letter indicating the deficiency, and no notice
will be published. No further action
will be taken by the FAA until a complete submission is received.
(c) The FAA will review all submitted documentation and comments
pursuant to the conditions of Section 161.305.
To the extent necessary, the FAA may
request additional information from

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