Federal Aviation Administration, DOT

Section 161.109

or the airport noise study area, if one
has been delineated;
(4) Fixed-base operators and other
airport tenants whose operations may
be affected by the proposed restriction;
and
(5) Community groups and business
organizations that are known to be interested in the proposed restriction.
(c) Each direct notice provided in accordance with paragraph (b) of this section shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the
proposed restriction, including sanctions for noncompliance and a statement that it will be implemented pursuant to a signed agreement;
(3) A brief discussion of the specific
need for and goal of the proposed restriction;
(4) Identification of the operators and
the types of aircraft expected to be affected;
(5) The proposed effective date of the
restriction and any proposed enforcement mechanism;
(6) An invitation to comment on the
proposed restriction, with a minimum
45-day comment period;
(7) Information on how to request
copies of the restriction portion of the
agreement, including any sanctions for
noncompliance;
(8) A notice to potential new entrant
aircraft operators that are known to be
interested in serving the airport of the
requirements set forth in Section 161.105 of
this part; and
(9) Information on how to submit a
new entrant application, comments,
and the address for submitting applications and comments to the airport operator, including identification of a
contact person at the airport.
(d) The Federal Aviation Administration will publish an announcement of
the proposed restriction in the FEDERAL REGISTER.
[Doc. No. 26432, 56 FR 48698, Sept. 25, 1991; 56
FR 51258, Oct. 10, 1991]

Section 161.105 Requirements for new entrants.
(a) Within 45 days of the publication
of the notice of a proposed restriction
by
the
airport
operator
under
Section 161.103(b) of this part, any person in-

tending to provide new air service to
the airport within 180 days of the proposed date of implementation of the restriction (as evidenced by submission
of a plan of operations to the airport
operator) must notify the airport operator if it would be affected by the restriction contained in the proposed
agreement, and either that it - 
(1) Agrees to the restriction; or
(2) Objects to the restriction.
(b) Failure of any person described in
Section 161.105(a) of this part to notify the airport operator that it objects to the proposed restriction will constitute waiver
of the right to claim that it did not
consent to the agreement and render
that person ineligible to use lack of
signature as ground to apply for sanctions under subpart F of this part for
two years following the effective date
of the restriction. The signature of
such a person need not be obtained by
the airport operator in order to comply
with Section 161.107(a) of this part.
(c) All other new entrants are also ineligible to use lack of signature as
ground to apply for sanctions under
subpart F of this part for two years.
Section 161.107 Implementation
striction.

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(a) To be eligible to implement a
Stage 3 noise or access restriction
under this subpart, an airport operator
shall have the restriction contained in
an agreement as defined in Section 161.101(b)
of this part.
(b) An airport operator may not implement a restriction pursuant to an
agreement until the notice and comment requirements of Section 161.103 of this
part have been met.
(c) Each airport operator must notify
the Federal Aviation Administration of
the implementation of a restriction
pursuant to an agreement and must include in the notice evidence of compliance with Section 161.103 and a copy of the
signed agreement.
Section 161.109 Notice of termination of restriction pursuant to an agreement.
An airport operator must notify the
FAA within 10 days of the date of termination of a restriction pursuant to
an agreement under this subpart.

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