Federal Aviation Administration, DOT

Section 161.305

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 (and any alternatives, in order of preference), including a statement that it will be a mandatory 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 affected;
(5) The proposed effective date of the
restriction, the proposed method of implementation (e.g., city ordinance, airport rule, lease, or other document),
and any proposed enforcement mechanism;
(6) An analysis of the proposed restriction, in accordance with Section 161.305 of
this part, or an announcement regarding 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 period;

(8) Information on how to request a
copy of the complete text of the 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 or aircraft operator proposing the restriction, including identification of a contact person.
(d) Applicants may propose alternative restrictions, including partial
implementation of any proposal, and
indicate an order of preference. If alternative restriction proposals are submitted, the requirements listed in
paragraphs (c)(2) through (c)(6) of this
section should address the alternative
proposals where appropriate.
Section 161.305 Required analysis and conditions for approval of proposed restrictions.
Each applicant proposing a noise or
access restriction on Stage 3 operations shall prepare and make available for public comment an analysis
that supports, by substantial evidence,
that the six statutory conditions for
approval have been met for each restriction and any alternatives submitted. The statutory conditions are
set forth in 49 U.S.C. App. 2153(d)(2) and
paragraph (e) of this section. Any proposed restriction (including alternatives) 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 entirety. (Nothing in this section is intended to add a requirement for the
issuance of restrictions on Stage 2 aircraft to those of subpart C of this part.)
The applicant shall provide:
(a) The complete text of the proposed
restriction and any submitted alternatives, including the proposed wording in a city ordinance, airport rule,
lease, or other document, and any
sanctions for noncompliance;
(b) Maps denoting the airport geographic boundary, and the geographic
boundaries and names of each jurisdiction that controls land use within the
airport noise study area;
(c) An adequate environmental assessment of the proposed restriction or

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