787 

Federal Aviation Administration, DOT 

§ 161.305 

prominent location accessible to air-
port 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 opera-
tors known to be routinely providing 
nonscheduled service that may be af-
fected by the proposed restriction; 

(2) The Federal Aviation Administra-

tion; 

(3) Each Federal, state, and local 

agency with land-use control jurisdic-
tion 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 in-
terested in the proposed restriction. 

(c) Each notice provided in accord-

ance with paragraph (b) of this section 
shall include: 

(1) The name of the airport and asso-

ciated cities and states; 

(2) A clear, concise description of the 

proposed restriction (and any alter-
natives, in order of preference), includ-
ing a statement that it will be a man-
datory Stage 3 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 

types of aircraft expected to be af-
fected; 

(5) The proposed effective date of the 

restriction, the proposed method of im-
plementation (e.g., city ordinance, air-
port rule, lease, or other document), 
and any proposed enforcement mecha-
nism; 

(6) An analysis of the proposed re-

striction, in accordance with § 161.305 of 
this part, or an announcement regard-
ing where the analysis is available for 
public inspection; 

(7) An invitation to comment on the 

proposed restriction and the analysis, 
with a minimum 45-day comment pe-
riod; 

(8) Information on how to request a 

copy of the complete text of the re-
striction, including any sanctions for 
noncompliance, and the analysis (if not 
included with the notice); and 

(9) The address for submitting com-

ments to the airport operator or air-
craft operator proposing the restric-
tion, including identification of a con-
tact person. 

(d) Applicants may propose alter-

native restrictions, including partial 
implementation of any proposal, and 
indicate an order of preference. If al-
ternative restriction proposals are sub-
mitted, the requirements listed in 
paragraphs (c)(2) through (c)(6) of this 
section should address the alternative 
proposals where appropriate. 

§ 161.305

Required analysis and condi-

tions for approval of proposed re-
strictions. 

Each applicant proposing a noise or 

access restriction on Stage 3 oper-
ations shall prepare and make avail-
able for public comment an analysis 
that supports, by substantial evidence, 
that the six statutory conditions for 
approval have been met for each re-
striction and any alternatives sub-
mitted. The statutory conditions are 
set forth in 49 U.S.C. App. 2153(d)(2) and 
paragraph (e) of this section. Any pro-
posed restriction (including alter-
natives) on Stage 3 aircraft operations 
that also affects the operation of Stage 
2 aircraft must include analysis of the 
proposals in a manner that permits the 
proposal to be understood in its en-
tirety. (Nothing in this section is in-
tended to add a requirement for the 
issuance of restrictions on Stage 2 air-
craft to those of subpart C of this part.) 
The applicant shall provide: 

(a) The complete text of the proposed 

restriction and any submitted alter-
natives, including the proposed word-
ing in a city ordinance, airport rule, 
lease, or other document, and any 
sanctions for noncompliance; 

(b) Maps denoting the airport geo-

graphic boundary, and the geographic 
boundaries and names of each jurisdic-
tion that controls land use within the 
airport noise study area; 

(c) An adequate environmental as-

sessment of the proposed restriction or 

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