[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR161.105]



[Page 193]

 

                     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 B_Agreements

 

Sec. 161.105  Requirements for new entrants.



    (a) Within 45 days of the publication of the notice of a proposed 

restriction by the airport operator under Sec. 161.103(b) of this part, 

any person intending to provide new air service to the airport within 

180 days of the proposed date of implementation of the restriction (as 

evidenced by submission of a plan of operations to the airport operator) 

must notify the airport operator if it would be affected by the 

restriction contained in the proposed agreement, and either that it--

    (1) Agrees to the restriction; or

    (2) Objects to the restriction.

    (b) Failure of any person described in Sec. 161.105(a) of this part 

to notify the airport operator that it objects to the proposed 

restriction will constitute waiver of the right to claim that it did not 

consent to the agreement and render that person ineligible to use lack 

of signature as ground to apply for sanctions under subpart F of this 

part for two years following the effective date of the restriction. The 

signature of such a person need not be obtained by the airport operator 

in order to comply with Sec. 161.107(a) of this part.

    (c) All other new entrants are also ineligible to use lack of 

signature as ground to apply for sanctions under subpart F of this part 

for two years.