781 

Federal Aviation Administration, DOT 

§ 161.7 

budget or noise allocation program 
that includes Stage 2 or Stage 3 air-
craft; a restriction imposing limits on 
hours of operations; a program of air-
port-use charges that has the direct or 
indirect effect of controlling airport 
noise; and any other limit on Stage 2 
or Stage 3 aircraft that has the effect 
of controlling airport noise. This defi-
nition does not include peak-period 
pricing programs where the objective is 
to align the number of aircraft oper-
ations with airport capacity. 

Stage 2 aircraft 

means an aircraft that 

has been shown to comply with the 
Stage 2 requirements under 14 CFR 
part 36. 

Stage 3 aircraft 

means an aircraft that 

has been shown to comply with the 
Stage 3 requirements under 14 CFR 
part 36. 

[Doc. No. 26432, 56 FR 48698, Sept. 25, 1991, as 
amended by Amdt. 161–2, 66 FR 21067, Apr. 27, 
2001] 

§ 161.7

Limitations. 

(a) Aircraft operational procedures 

that must be submitted for adoption by 
the FAA, such as preferential runway 
use, noise abatement approach and de-
parture procedures and profiles, and 
flight tracks, are not subject to this 
part. Other noise abatement proce-
dures, such as taxiing and engine 
runups, are not subject to this part un-
less the procedures imposed limit the 
total number of Stage 2 or Stage 3 air-
craft operations, or limit the hours of 
Stage 2 or Stage 3 aircraft operations, 
at the airport. 

(b) The notice, review, and approval 

requirements set forth in this part do 
not apply to airports with restrictions 
as specified in 49 U.S.C. App. 
2153(a)(2)(C): 

(1) A local action to enforce a nego-

tiated or executed airport aircraft 
noise or access agreement between the 
airport operator and the aircraft oper-
ator in effect on November 5, 1990. 

(2) A local action to enforce a nego-

tiated or executed airport aircraft 
noise or access restriction the airport 
operator and the aircraft operators 
agreed to before November 5, 1990. 

(3) An intergovernmental agreement 

including airport aircraft noise or ac-
cess restriction in effect on November 
5, 1990. 

(4) A subsequent amendment to an 

airport aircraft noise or access agree-
ment or restriction in effect on Novem-
ber 5, 1990, where the amendment does 
not reduce or limit aircraft operations 
or affect aircraft safety. 

(5) A restriction that was adopted by 

an airport operator on or before Octo-
ber 1, 1990, and that was stayed as of 
October 1, 1990, by a court order or as 
a result of litigation, if such restric-
tion, or a part thereof, is subsequently 
allowed by a court to take effect. 

(6) In any case in which a restriction 

described in paragraph (b)(5) of this 
section is either partially or totally 
disallowed by a court, any new restric-
tion imposed by an airport operator to 
replace such disallowed restriction, if 
such new restriction would not pro-
hibit aircraft operations in effect on 
November 5, 1990. 

(7) A local action that represents the 

adoption of the final portion of a pro-
gram of a staged airport aircraft noise 
or access restriction, where the initial 
portion of such program was adopted 
during calendar year 1988 and was in ef-
fect on November 5, 1990. 

(c) The notice, review, and approval 

requirements of subpart D of this part 
with regard to Stage 3 aircraft restric-
tions do not apply if the FAA has, prior 
to November 5, 1990, formed a working 
group (outside of the process estab-
lished by 14 CFR part 150) with a local 
airport operator to examine the noise 
impact of air traffic control procedure 
changes. In any case in which an agree-
ment relating to noise reductions at 
such airport is then entered into be-
tween the airport proprietor and an air 
carrier or air carrier constituting a 
majority of the air carrier users of 
such airport, the requirements of sub-
parts B and D of this part with respect 
to restrictions on Stage 3 aircraft oper-
ations do apply to local actions to en-
force such agreements. 

(d) Except to the extent required by 

the application of the provisions of the 
Act, nothing in this part eliminates, 
invalidates, or supersedes the fol-
lowing: 

(1) Existing law with respect to air-

port noise or access restrictions by 
local authorities; 

(2) Any proposed airport noise or ac-

cess regulation at a general aviation 

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