Federal Aviation Administration, DOT

Section 161.209

(5) The proposed effective date of the
restriction, the proposed method of implementation (e.g., city ordinance, airport rule, lease), and any proposed enforcement mechanism;
(6) An analysis of the proposed restriction, as required by Section 161.205 of this
subpart, or an announcement of where
the analysis is available for public inspection;
(7) An invitation to comment on the
proposed restriction and analysis, with
a minimum 45-day comment period;
(8) Information on how to request
copies of the complete text of the proposed restriction, including any sanctions for noncompliance, and the analysis (if not included with the notice);
and
(9) The address for submitting comments to the airport operator, including identification of a contact person
at the airport.
(d) At the time of notice, the airport
operator shall provide the FAA with a
full text of the proposed restriction, including any sanctions for noncompliance.
(e) The Federal Aviation Administration will publish an announcement of
the proposed Stage 2 restriction in the
FEDERAL REGISTER.
Section 161.205 Required analysis of proposed restriction and alternatives.
(a) Each airport operator proposing a
noise or access restriction on Stage 2
aircraft operations shall prepare the
following and make it available for
public comment:
(1) An analysis of the anticipated or
actual costs and benefits of the proposed noise or access restriction;
(2) A description of alternative restrictions; and
(3) A description of the alternative
measures considered that do not involve aircraft restrictions, and a comparison of the costs and benefits of
such alternative measures to costs and
benefits of the proposed noise or access
restriction.
(b) In preparing the analyses required
by this section, the airport operator
shall use the noise measurement systems and identify the airport noise
study area as specified in SectionSection 161.9 and
161.11, respectively; shall use currently
accepted economic methodology; and

shall provide separate detail on the
costs and benefits of the proposed restriction with respect to the operations
of Stage 2 aircraft weighing less than
75,000 pounds if the restriction applies
to this class. The airport operator shall
specify the methods used to analyze
the costs and benefits of the proposed
restriction and the alternatives.
(c) The kinds of information set forth
in Section 161.305 are useful elements of an
adequate analysis of a noise or access
restriction on Stage 2 aircraft operations.
Section 161.207 Comment by interested parties.
Each airport operator shall establish
a public docket or similar method for
receiving and considering comments,
and shall make comments available for
inspection by interested parties upon
request. Comments must be retained as
long as the restriction is in effect.
Section 161.209 Requirements for proposal
changes.
(a) Each airport operator shall
promptly advise interested parties of
any changes to a proposed restriction,
including changes that affect noncompatible land uses, and make available any changes to the proposed restriction and its analysis. Interested
parties include those that received direct notice under Section 161.203(b), or those
that were required to be consulted in
accordance with the procedures in
Section 161.211 of this part, and those that
have commented on the proposed restriction.
(b) If there are substantial changes to
the proposed restriction or the analysis
during the 180-day notice period, the
airport operator shall initiate new notice following the procedures in
Section 161.203 or, alternatively, the procedures in Section 161.211. A substantial change
includes, but is not limited to, a proposal that would increase the burden
on any aviation user class.
(c) In addition to the information in
Section 161.203(c), new notice must indicate
that the airport operator is revising a
previous notice, provide the reason for
making the revision, and provide a new
effective date (if any) for the restriction. The effective date of the restriction must be at least 180 days after the

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