Section 161.211

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

date the new notice and revised analysis are made available for public comment.
Section 161.211 Optional use of 14 CFR part
150 procedures.
(a) An airport operator may use the
procedures in part 150 of this chapter,
instead of the procedures described in
SectionSection 161.203(b) and 161.209(b), as a means of
providing an adequate public notice
and comment opportunity on a proposed Stage 2 restriction.
(b) If the airport operator elects to
use 14 CFR part 150 procedures to comply with this subpart, the operator
shall:
(1) Ensure that all parties identified
for direct notice under Section 161.203(b) are
notified that the airport-s 14 CFR part
150 program will include a proposed
Stage 2 restriction under part 161, and
that these parties are offered the opportunity to participate as consulted
parties during the development of the
14 CFR part 150 program;
(2) Provide the FAA with a full text
of the proposed restriction, including
any sanctions for noncompliance, at
the time of the notice;
(3) Include the information in Section 161.203
(c)(2) through (c)(5) and 161.205 in the
analysis of the proposed restriction for
the part 14 CFR part 150 program;
(4) Wait 180 days following the availability of the above analysis for review
by the consulted parties and compliance with the above notice requirements before implementing the Stage 2
restriction; and
(5) Include in its 14 CFR part 150 submission to the FAA evidence of compliance with paragraphs (b)(1) and (b)(4) of
this section, and the analysis in paragraph (b)(3) of this section, together
with a clear identification that the 14
CFR part 150 program includes a proposed Stage 2 restriction under part
161.
(c) The FAA determination on the 14
CFR part 150 submission does not constitute approval or disapproval of the
proposed Stage 2 restriction under part
161.
(d) An amendment of a restriction
may also be processed under 14 CFR
part 150 procedures in accordance with
this section.

Section 161.213 Notification of a decision not
to implement a restriction.
If a proposed restriction has been
through the procedures prescribed in
this subpart and the restriction is not
subsequently implemented, the airport
operator shall so advise the interested
parties. Interested parties are described in Section 161.209(a).

Subpart D - Notice, Review, and
Approval Requirements for
Stage 3 Restrictions
Section 161.301

Scope.

(a) This subpart applies to:
(1) An airport imposing a noise or access restriction on the operation of
Stage 3 aircraft that first became effective after October 1, 1990.
(2) An airport imposing an amendment to a Stage 3 restriction, if the
amendment becomes effective after October 1, 1990, and reduces or limits
Stage 3 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 3 restriction
specifically exempted in Section 161.7, or an
agreement complying with subpart B of
this part.
(c) A Stage 3 restriction within the
scope of this subpart may not become
effective unless it has been submitted
to and approved by the FAA. The FAA
will review only those Stage 3 restrictions that are proposed by, or on behalf
of, an entity empowered to implement
the restriction.
Section 161.303 Notice of proposed restrictions.
(a) Each airport operator or aircraft
operator (hereinafter referred to as applicant) proposing a Stage 3 restriction
shall provide public notice and an opportunity for public comment, as prescribed in this subpart, before submitting the restriction to the FAA for review and approval.
(b) Except as provided in Section 161.321, an
applicant shall 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

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