Federal Aviation Administration, DOT

Section 161.7

budget or noise allocation program
that includes Stage 2 or Stage 3 aircraft; a restriction imposing limits on
hours of operations; a program of airport-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 definition does not include peak-period
pricing programs where the objective is
to align the number of aircraft operations 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]

Section 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 departure procedures and profiles, and
flight tracks, are not subject to this
part. Other noise abatement procedures, such as taxiing and engine
runups, are not subject to this part unless the procedures imposed limit the
total number of Stage 2 or Stage 3 aircraft 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 negotiated or executed airport aircraft
noise or access agreement between the
airport operator and the aircraft operator in effect on November 5, 1990.
(2) A local action to enforce a negotiated 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 access restriction in effect on November
5, 1990.

(4) A subsequent amendment to an
airport aircraft noise or access agreement or restriction in effect on November 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 October 1, 1990, and that was stayed as of
October 1, 1990, by a court order or as
a result of litigation, if such restriction, 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 restriction imposed by an airport operator to
replace such disallowed restriction, if
such new restriction would not prohibit aircraft operations in effect on
November 5, 1990.
(7) A local action that represents the
adoption of the final portion of a program 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 effect on November 5, 1990.
(c) The notice, review, and approval
requirements of subpart D of this part
with regard to Stage 3 aircraft restrictions do not apply if the FAA has, prior
to November 5, 1990, formed a working
group (outside of the process established 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 agreement relating to noise reductions at
such airport is then entered into between the airport proprietor and an air
carrier or air carrier constituting a
majority of the air carrier users of
such airport, the requirements of subparts B and D of this part with respect
to restrictions on Stage 3 aircraft operations do apply to local actions to enforce 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 following:
(1) Existing law with respect to airport noise or access restrictions by
local authorities;
(2) Any proposed airport noise or access regulation at a general aviation

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