Section 161.3

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

U.S.C. App. 2153, 2154, 2155, and 2156). It
prescribes:
(a) Notice requirements and procedures for airport operators implementing Stage 3 aircraft noise and access restrictions pursuant to agreements between airport operators and
aircraft operators;
(b) Analysis and notice requirements
for airport operators proposing Stage 2
aircraft noise and access restrictions;
(c) Notice, review, and approval requirements for airport operators proposing Stage 3 aircraft noise and access
restrictions; and
(d) Procedures for Federal Aviation
Administration reevaluation of agreements containing restrictions on Stage
3 aircraft operations and of aircraft
noise and access restrictions affecting
Stage 3 aircraft operations imposed by
airport operators.
Section 161.3 Applicability.
(a) This part applies to airports imposing restrictions on Stage 2 aircraft
operations proposed after October 1,
1990, and to airports imposing restrictions on Stage 3 aircraft operations
that became effective after October 1,
1990.
(b) This part also applies to airports
enacting amendments to airport noise
and access restrictions in effect on October 1, 1990, but amended after that
date, where the amendment reduces or
limits aircraft operations or affects
aircraft safety.
(c) The notice, review, and approval
requirements set forth in this part
apply to all airports imposing noise or
access restrictions as defined in Section 161.5
of this part.
Section 161.5 Definitions.
For the purposes of this part, the following definitions apply:
Agreement means a document in writing signed by the airport operator;
those aircraft operators currently operating at the airport that would be affected by the noise or access restriction; and all affected new entrants
planning to provide new air service
within 180 days of the effective date of
the restriction that have submitted to
the airport operator a plan of operations and notice of agreement to the
restriction.

Aircraft operator, for purposes of this
part, means any owner of an aircraft
that operates the aircraft, i.e., uses,
causes to use, or authorizes the use of
the aircraft; or in the case of a leased
aircraft, any lessee that operates the
aircraft pursuant to a lease. As used in
this part, aircraft operator also means
any representative of the aircraft
owner, or in the case of a leased aircraft, any representative of the lessee
empowered to enter into agreements
with the airport operator regarding use
of the airport by an aircraft.
Airport means any area of land or
water, including any heliport, that is
used or intended to be used for the
landing and takeoff of aircraft, and any
appurtenant areas that are used or intended to be used for airport buildings
or other airport facilities or rights-ofway, together with all airport buildings and facilities located thereon.
Airport noise study area means that
area surrounding the airport within
the noise contour selected by the applicant for study and must include the
noise contours required to be developed
for noise exposure maps specified in 14
CFR part 150.
Airport operator means the airport
proprietor.
Aviation user class means the following categories of aircraft operators:
air carriers operating under parts 121
or 129 of this chapter; commuters and
other carriers operating under part 135
of this chapter; general aviation, military, or government operations.
Day-night average sound level (DNL)
means the 24-hour average sound level,
in decibels, for the period from midnight to midnight, obtained after the
addition of ten decibels to sound levels
for the periods between midnight and 7
a.m., and between 10 p.m. and midnight, local time, as defined in 14 CFR
part 150. (The scientific notation for
DNL is Ldn).
Noise or access restrictions means restrictions (including but not limited to
provisions of ordinances and leases) affecting access or noise that affect the
operations of Stage 2 or Stage 3 aircraft, such as limits on the noise generated on either a single-event or cumulative basis; a limit, direct or indirect, on the total number of Stage 2 or
Stage 3 aircraft operations; a noise

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