Federal Aviation Administration, DOT

Section 161.503

the aircraft operator, airport operator,
and others known to have information
material to the reevaluation, and may
convene an informal meeting to gather
facts relevant to a reevaluation finding.
Section 161.415 Reevaluation action.
(a) Upon completing the reevaluation, the FAA will issue appropriate orders regarding whether or not there is
substantial evidence that the restriction meets the criteria in Section 161.305 of
this part.
(b) If the FAA-s reevaluation confirms that the restriction meets the
criteria, the restriction may remain as
previously agreed to or approved. If the
FAA-s reevaluation concludes that the
restriction does not meet the criteria,
the FAA will withdraw a previous approval of the restriction issued under
subpart D of this part to the extent
necessary to bring the restriction into
compliance with this part or, with respect to a restriction agreed to under
subpart B of this part, the FAA will
specify which criteria are not met.
(c) The FAA will publish a notice of
its reevaluation findings in the FEDERAL REGISTER and notify in writing
the aircraft operator that petitioned
the FAA for reevaluation and the affected airport operator.
Section 161.417 Notification of status of restrictions and agreements not meeting conditions-of-approval criteria.
If the FAA has withdrawn all or part
of a previous approval made under subpart D of this part, the relevant portion of the Stage 3 restriction must be
rescinded. The operator of the affected
airport shall notify the FAA of the operator-s action with regard to a restriction affecting Stage 3 aircraft operations that has been found not to meet
the criteria of Section 161.305. Restrictions in
agreements determined by the FAA not
to meet conditions for approval may
not be enforced with respect to Stage 3
aircraft operations.

Subpart F - Failure To Comply With
This Part
Section 161.501 Scope.
(a) This subpart describes the procedures to terminate eligibility for air-

port grant funds and authority to impose or collect passenger facility
charges for an airport operator-s failure to comply with the Airport Noise
and Capacity Act of 1990 (49 U.S.C. App.
2151 et seq.) or this part. These procedures may be used with or in addition
to any judicial proceedings initiated by
the FAA to protect the national aviation system and related Federal interests.
(b) Under no conditions shall any airport operator receive revenues under
the provisions of the Airport and Airway Improvement Act of 1982 or impose
or collect a passenger facility charge
under section 1113(e) of the Federal
Aviation Act of 1958 if the FAA determines that the airport is imposing any
noise or access restriction not in compliance with the Airport Noise and Capacity Act of 1990 or this part. Recision
of, or a commitment in writing signed
by an authorized official of the airport
operator to rescind or permanently not
enforce, a noncomplying restriction
will be treated by the FAA as action
restoring compliance with the Airport
Noise and Capacity Act of 1990 or this
part with respect to that restriction.
Section 161.503 Informal resolution; notice of
apparent violation.
Prior to the initiation of formal action to terminate eligibility for airport
grant funds or authority to impose or
collect passenger facility charges
under this subpart, the FAA shall undertake informal resolution with the
airport operator to assure compliance
with the Airport Noise and Capacity
Act of 1990 or this part upon receipt of
a complaint or other evidence that an
airport operator has taken action to
impose a noise or access restriction
that appears to be in violation. This
shall not preclude a FAA application
for expedited judicial action for other
than termination of airport grants and
passenger facility charges to protect
the national aviation system and violated federal interests. If informal resolution is not successful, the FAA will
notify the airport operator in writing
of the apparent violation. The airport
operator shall respond to the notice in
writing not later than 20 days after receipt of the notice, and also state
whether the airport operator will agree

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