[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: 14CFR161.409]

[Page 216]
 
                     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. 161.409  Required analysis by reevaluation petitioner.

    (a) An aircraft operator that has petitioned the FAA to reevaluate a 
restriction shall assume the burden of analysis for the reevaluation.
    (b) The aircraft operator's analysis shall be made available for 
public review under the procedures in Sec. 161.407 and shall include the 
following:
    (1) A copy of the restriction or the language of the agreement as 
incorporated in a local ordinance, airport rule, lease, or other 
document;
    (2) The aircraft operator's status under the restriction (e.g., 
currently affected operator, potential new entrant) and an explanation 
of the aircraft operator's specific objection to the restriction;
    (3) The quantified change in the noise environment using methodology 
specified in this part;
    (4) Evidence of the relationship between this change and the 
likelihood that the restriction does not meet one or more of the 
conditions in Sec. 161.305; and
    (5) Sufficient data and analysis selected from Sec. 161.305, as 
applicable to the restriction at issue, to support the contention made 
in paragraph (b)(4) of this section. This is to include either an 
adequate environmental assessment of the impacts of discontinuing all or 
part of a restriction in accordance with the aircraft operator's 
petition, or adequate information supporting a categorical exclusion 
under FAA orders implementing the National Environmental Policy Act of 
1969 (42 U.S.C. 4321).
    (c) The amount of analysis may vary with the complexity of the 
restriction, the number and nature of the conditions in Sec. 161.305 
that are alleged to be unsupported, and the amount of previous analysis 
developed in support of the restriction. The aircraft operator may 
incorporate analysis previously developed in support of the restriction, 
including previous environmental documentation to the extent applicable. 
The applicant is responsible for providing substantial evidence, as 
described in Sec. 161.305, that one or more of the conditions are not 
supported.