Section 161.9

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

airport where the airport proprietor
has formally initiated a regulatory or
legislative process on or before October
1, 1990; and
(3) The authority of the Secretary of
Transportation to seek and obtain such
legal remedies as the Secretary considers appropriate, including injunctive
relief.
Section 161.9 Designation of noise description methods.
For purposes of this part, the following requirements apply:
(a) The sound level at an airport and
surrounding areas, and the exposure of
individuals to noise resulting from operations at an airport, must be established in accordance with the specifications and methods prescribed under appendix A of 14 CFR part 150; and
(b) Use of computer models to create
noise contours must be in accordance
with the criteria prescribed under appendix A of 14 CFR part 150.
Section 161.11 Identification of land uses in
airport noise study area.
For the purposes of this part, uses of
land that are normally compatible or
noncompatible with various noise-exposure levels to individuals around airports must be identified in accordance
with the criteria prescribed under appendix A of 14 CFR part 150. Determination of land use must be based on
professional planning, zoning, and
building and site design information
and expertise.

Subpart B - Agreements
Section 161.101 Scope.
(a) This subpart applies to an airport
operator-s noise or access restriction
on the operation of Stage 3 aircraft
that is implemented pursuant to an
agreement between an airport operator
and all aircraft operators affected by
the proposed restriction that are serving or will be serving such airport
within 180 days of the date of the proposed restriction.
(b) For purposes of this subpart, an
agreement shall be in writing and
signed by:
(1) The airport operator;
(2) Those aircraft operators currently
operating at the airport who would be

affected by the noise or access restriction; and
(3) All new entrants that have submitted the information required under
Section 161.105(a) of this part.
(c) This subpart does not apply to restrictions exempted in Section 161.7 of this
part.
(d) This subpart does not limit the
right of an airport operator to enter
into an agreement with one or more
aircraft operators that restricts the operation of Stage 2 or Stage 3 aircraft as
long as the restriction is not enforced
against aircraft operators that are not
party to the agreement. Such an agreement is not covered by this subpart except that an aircraft operator may
apply for sanctions pursuant to subpart
F of this part for restrictions the airport operator seeks to impose other
than those in the agreement.
Section 161.103 Notice of the proposed restriction.
(a) An airport operator may not implement a Stage 3 restriction pursuant
to an agreement with all affected aircraft operators unless there has been
public notice and an opportunity for
comment as prescribed in this subpart.
(b) In order to establish a restriction
in accordance with this subpart, the
airport operator shall, at least 45 days
before implementing the restriction,
publish a notice of the proposed restriction in an areawide newspaper or
newspapers that either singly or together has general circulation throughout the airport vicinity or airport
noise study area, if one has been delineated; post a notice in the airport in a
prominent location accessible to airport users and the public; and directly
notify in writing the following parties:
(1) Aircraft operators providing
scheduled passenger or cargo service at
the airport; affected operators of aircraft based at the airport; potential
new entrants that are known to be interested in serving the airport; and aircraft operators known to be routinely
providing non-scheduled service;
(2) The Federal Aviation Administration;
(3) Each Federal, state, and local
agency with land use control jurisdiction within the vicinity of the airport,

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