[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: 14CFR161.403]

[Page 214]
 
                     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 E--Reevaluation of Stage 3 Restrictions
 
Sec. 161.403  Criteria for reevaluation.

    (a) A request for reevaluation must be submitted by an aircraft 
operator.
    (b) An aircraft operator must demonstrate to the satisfaction of the 
FAA that there has been a change in the noise environment of the 
affected airport and that a review and reevaluation pursuant to the 
criteria in Sec. 161.305 is therefore justified.
    (1) A change in the noise environment sufficient to justify 
reevaluation is either a DNL change of 1.5 dB or greater (from the 
restriction's anticipated target noise level result) over noncompatible 
land uses, or a change of 17 percent or greater in the noncompatible 
land uses, within an airport noise study area. For approved 
restrictions, calculation of change shall be based on the divergence of 
actual noise impact of the restriction from the estimated noise impact 
of the restriction predicted in the analysis required in 
Sec. 161.305(e)(2)(i)(A)(1)(ii). The change in the noise environment or 
in the noncompatible land uses may be either an increase or decrease in 
noise or in noncompatible land uses. An aircraft operator may submit to 
the FAA reasons why a change that does not fall within either of these 
parameters justifies reevaluation, and the FAA will consider such 
arguments on a case-by-case basis.
    (2) A change in the noise environment justifies reevaluation if the 
change is likely to result in the restriction not meeting one or more of 
the conditions for approval set forth in Sec. 161.305 of this part for 
approval. The aircraft operator must demonstrate that such a result is 
likely to occur.
    (c) A reevaluation may not occur less than 2 years after the date of 
the FAA approval. The FAA will normally apply the same 2-year 
requirement to agreements under subpart B of this part that affect Stage 
3 aircraft operations. An aircraft operator may submit to the FAA 
reasons why an agreement under subpart B of this part should be 
reevaluated in less than 2 years, and the FAA will consider such 
arguments on a case-by-case basis.
    (d) An aircraft operator must demonstrate that it has made a good 
faith attempt to resolve locally any dispute over a restriction with the 
affected parties, including the airport operator, before requesting 
reevaluation by the FAA. Such demonstration and certification shall 
document all attempts of local dispute resolution.

[Docket No. 26432, 56 FR 48698, Sept. 25, 1991; 56 FR 51258, Oct. 10, 
1991]