Section 161.111

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

Section 161.111 Availability of data and comments on a restriction implemented
pursuant to an agreement.
The airport operator shall retain all
relevant supporting data and all comments relating to a restriction implemented pursuant to an agreement for
as long as the restriction is in effect.
The airport operator shall make these
materials available for inspection upon
request by the FAA. The information
shall be made available for inspection
by any person during the pendency of
any petition for reevaluation found justified by the FAA.
Section 161.113 Effect of agreements; limitation on reevaluation.
(a) Except as otherwise provided in
this subpart, a restriction implemented
by an airport operator pursuant to this
subpart shall have the same force and
effect as if it had been a restriction implemented in accordance with subpart
D of this part.
(b) A restriction implemented by an
airport operator pursuant to this subpart may be subject to reevaluation by
the FAA under subpart E of this part.

Subpart C - Notice Requirements
for Stage 2 Restrictions
Section 161.201 Scope.
(a) This subpart applies to:
(1) An airport imposing a noise or access restriction on the operation of
Stage 2 aircraft, but not Stage 3 aircraft, proposed after October 1, 1990.
(2) An airport imposing an amendment to a Stage 2 restriction, if the
amendment is proposed after October 1,
1990, and reduces or limits Stage 2 aircraft operations (compared to the restriction that it amends) or affects aircraft safety.
(b) This subpart does not apply to an
airport imposing a Stage 2 restriction
specifically exempted in Section 161.7 or a
Stage 2 restriction contained in an
agreement as long as the restriction is
not enforced against aircraft operators
that are not parties to the agreement.
Section 161.203 Notice of proposed restriction.
(a) An airport operator may not implement a Stage 2 restriction within
the scope of Section 161.201 unless the airport

operator provides an analysis of the
proposed restriction, prepared in accordance with Section 161.205, and a public notice and opportunity for comment as
prescribed in this subpart. The notice
and analysis required by this subpart
shall be completed at least 180 days
prior to the effective date of the restriction.
(b) Except as provided in Section 161.211, an
airport operator must publish a notice
of the proposed restriction in an
areawide newspaper or newspapers that
either singly or together has general
circulation throughout the airport
noise study area; 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; 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
nonscheduled service that may be affected by the proposed restriction;
(2) The Federal Aviation Administration;
(3) Each Federal, state, and local
agency with land-use control jurisdiction within the airport noise study
area;
(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 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 a statement that it will be a mandatory Stage
2 restriction, and where the complete
text of the restriction, and any sanctions for noncompliance, are available
for public inspection;
(3) A brief discussion of the specific
need for, and goal of, the restriction;
(4) Identification of the operators and
the types of aircraft expected to be affected;

784

VerDate Sep<11>2014

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00794

Fmt 8010

Sfmt 8010

Y:\SGML\247048.XXX

247048