[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: 14CFR161.317]

[Page 212-213]
 
                     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. 161.317  Approval or disapproval of proposed restriction.

    (a) Upon determination that an application is complete with respect 
to at least one of the proposals submitted by the applicant, the FAA 
will act upon the complete proposals in the application. The FAA will 
not act on any proposal for which the applicant has declined to submit 
additional necessary information.
    (b) The FAA will review the applicant's proposals in the preference 
order specified by the applicant. The FAA may request additional 
information from aircraft operators, or any other party, and may convene 
an informal meeting to gather facts relevant to its determination.
    (c) The FAA will evaluate the proposal and issue an order approving 
or disapproving the proposed restriction and any submitted alternatives, 
in

[[Page 213]]

whole or in part, in the order of preference indicated by the applicant. 
Once the FAA approves a proposed restriction, the FAA will not consider 
any proposals of lower applicant-stated preference. Approval or 
disapproval will be given by the FAA within 180 days after receipt of 
the application or last supplement thereto under Sec. 161.313. The FAA 
will publish its decision in the Federal Register and notify the 
applicant in writing.
    (d) The applicant's failure to provide substantial evidence 
supporting the statutory conditions for approval of a particular 
proposal is grounds for disapproval of that proposed restriction.
    (e) The FAA will approve or disapprove only the Stage 3 aspects of a 
restriction if the restriction applies to both Stage 2 and Stage 3 
aircraft operations.
    (f) An order approving a restriction may be subject to requirements 
that the applicant:
    (1) Comply with factual representations and commitments in support 
of the restriction; and
    (2) Ensure that any environmental mitigation actions or commitments 
by any party that are set forth in the environmental documentation 
provided in support of the restriction are implemented.