[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: 14CFR161.7]

[Page 201-202]
 
                     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 A--General Provisions
 
Sec. 161.7  Limitations.

    (a) Aircraft operational procedures that must be submitted for 
adoption by the FAA, such as preferential runway use, noise abatement 
approach and departure procedures and profiles, and flight tracks, are 
not subject to this part. Other noise abatement procedures, such as 
taxiing and engine runups, are not subject to this part unless the 
procedures imposed limit the total number of Stage 2 or Stage 3 aircraft 
operations, or limit the hours of Stage 2 or Stage 3 aircraft 
operations, at the airport.
    (b) The notice, review, and approval requirements set forth in this 
part do not apply to airports with restrictions as specified in 49 
U.S.C. App. 2153(a)(2)(C):
    (1) A local action to enforce a negotiated or executed airport 
aircraft noise or access agreement between the airport operator and the 
aircraft operator in effect on November 5, 1990.
    (2) A local action to enforce a negotiated or executed airport 
aircraft noise or access restriction the airport operator and the 
aircraft operators agreed to before November 5, 1990.
    (3) An intergovernmental agreement including airport aircraft noise 
or access restriction in effect on November 5, 1990.
    (4) A subsequent amendment to an airport aircraft noise or access 
agreement or restriction in effect on November 5, 1990, where the 
amendment does not reduce or limit aircraft operations or affect 
aircraft safety.
    (5) A restriction that was adopted by an airport operator on or 
before October 1, 1990, and that was stayed as of October 1, 1990, by a 
court order or as a result of litigation, if such restriction, or a part 
thereof, is subsequently allowed by a court to take effect.
    (6) In any case in which a restriction described in paragraph (b)(5) 
of this section is either partially or totally disallowed by a court, 
any new restriction imposed by an airport operator to replace such 
disallowed restriction, if such new restriction would not prohibit 
aircraft operations in effect on November 5, 1990.
    (7) A local action that represents the adoption of the final portion 
of a program of a staged airport aircraft noise or access restriction, 
where the initial portion of such program was adopted during calendar 
year 1988 and was in effect on November 5, 1990.
    (c) The notice, review, and approval requirements of subpart D of 
this part with regard to Stage 3 aircraft restrictions do not apply if 
the FAA has, prior to November 5, 1990, formed a working group (outside 
of the process established by 14 CFR part 150) with a local airport 
operator to examine the noise impact of air traffic control procedure 
changes. In any case in which an agreement relating to noise reductions 
at such airport is then entered into between the airport proprietor and 
an air carrier or air carrier constituting a majority of the air carrier 
users of such airport, the requirements of subparts B and D of this part 
with respect to restrictions on Stage 3 aircraft operations do apply to 
local actions to enforce such agreements.

[[Page 202]]

    (d) Except to the extent required by the application of the 
provisions of the Act, nothing in this part eliminates, invalidates, or 
supersedes the following:
    (1) Existing law with respect to airport noise or access 
restrictions by local authorities;
    (2) Any proposed airport noise or access regulation at a general 
aviation airport where the airport proprietor has formally initiated a 
regulatory or legislative process on or before October 1, 1990; and
    (3) The authority of the Secretary of Transportation to seek and 
obtain such legal remedies as the Secretary considers appropriate, 
including injunctive relief.