[Code of Federal Regulations]
[Title 14, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR161.313]

[Page 211-212]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 161--NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS--Table of Contents
 
    Subpart D--Notice, Review, and Approval Requirements for Stage 3 
                              Restrictions
 
Sec. 161.313  Review of application.

    (a) Determination of completeness. The FAA, within 30 days of 
receipt of an application, will determine whether the application is 
complete in accordance with Sec. 161.311. Determinations of completeness 
will be made on all proposed restrictions and alternatives. This 
completeness determination is not an approval or disapproval of the 
proposed restriction.
    (b) Process for complete application. When the FAA determines that a 
complete application has been submitted, the following procedures apply:
    (1) The FAA notifies the applicant that it intends to act on the 
proposed restriction and publishes notice of the proposed restriction in 
the Federal Register in accordance with Sec. 161.315. The 180-day period 
for approving or disapproving the proposed restriction will start on the 
date of original FAA receipt of the application.
    (2) Following review of the application, public comments, and any 
other information obtained under Sec. 161.317(b), the FAA will issue a 
decision approving or disapproving the proposed restriction. This 
decision is a final decision of the Administrator for purpose of 
judicial review.
    (c) Process for incomplete application. If the FAA determines that 
an application is not complete with respect to any submitted restriction 
or alternative restriction, the following procedures apply:

[[Page 212]]

    (1) The FAA shall notify the applicant in writing, returning the 
application and setting forth the type of information and analysis 
needed to complete the application in accordance with Sec. 161.311.
    (2) Within 30 days after the receipt of this notice, the applicant 
shall advise the FAA in writing whether or not it intends to resubmit 
and supplement its application.
    (3) If the applicant does not respond in 30 days, or advises the FAA 
that it does not intend to resubmit and/or supplement the application, 
the application will be denied. This closes the matter without prejudice 
to later application and does not constitute disapproval of the proposed 
restriction.
    (4) If the applicant chooses to resubmit and supplement the 
application, the following procedures apply:
    (i) Upon receipt of the resubmitted application, the FAA determines 
whether the application, as supplemented, is complete as set forth in 
paragraph (a) of this section.
    (ii) If the application is complete, the procedures set forth in 
Sec. 161.315 shall be followed. The 180-day review period starts on the 
date of receipt of the last supplement to the application.
    (iii) If the application is still not complete with respect to the 
proposed restriction or at least one submitted alternative, the FAA so 
advises the applicant as set forth in paragraph (c)(1) of this section 
and provides the applicant with an additional opportunity to supplement 
the application as set forth in paragraph (c)(2) of this section.
    (iv) If the environmental documentation (either an environmental 
assessment or information supporting a categorical exclusion) is 
incomplete, the FAA will so notify the applicant in writing, returning 
the application and setting forth the types of information and analysis 
needed to complete the documentation. The FAA will continue to return an 
application until adequate environmental documentation is provided. When 
the application is determined to be complete, including the 
environmental documentation, the 180-day period for approval or 
disapproval will begin upon receipt of the last supplement to the 
application.
    (v) Following review of the application and its supplements, public 
comments, and any other information obtained under Sec. 161.317(b), the 
FAA will issue a decision approving or disapproving the application. 
This decision is a final decision of the Administrator for the purpose 
of judicial review.
    (5) The FAA will deny the application and return it to the applicant 
if:
    (i) None of the proposals submitted are found to be complete;
    (ii) The application has been returned twice to the applicant for 
reasons other than completion of the environmental documentation; and
    (iii) The applicant declines to complete the application. This 
closes the matter without prejudice to later application, and does not 
constitute disapproval of the proposed restriction.