[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: 14CFR161.203]



[Page 194-195]

 

                     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 C_Notice Requirements for Stage 2 Restrictions

 

Sec. 161.203  Notice of proposed restriction.



    (a) An airport operator may not implement a Stage 2 restriction 

within the scope of Sec. 161.201 unless the airport operator provides 

an analysis of the proposed restriction, prepared in accordance with 

Sec. 161.205, and a public notice and opportunity for comment as 

prescribed in this subpart. The notice and analysis required by this 

subpart shall be completed at least 180 days prior to the effective date 

of the restriction.

    (b) Except as provided in Sec. 161.211, an airport operator must 

publish a notice of the proposed restriction in an areawide newspaper or 

newspapers that either singly or together has general circulation 

throughout the airport noise study area; post a notice in the airport in 

a prominent location accessible to airport users and the public; and 

directly notify in writing the following parties:

    (1) Aircraft operators providing scheduled passenger or cargo 

service at the airport; operators of aircraft based at the airport; 

potential new entrants that are known to be interested in serving the 

airport; and aircraft operators known to be routinely providing 

nonscheduled service that may be affected by the proposed restriction;

    (2) The Federal Aviation Administration;

    (3) Each Federal, state, and local agency with land-use control 

jurisdiction within the airport noise study area;

    (4) Fixed-base operators and other airport tenants whose operations 

may be affected by the proposed restriction; and

    (5) Community groups and business organizations that are known to be 

interested in the proposed restriction.

    (c) Each notice provided in accordance with paragraph (b) of this 

section shall include:

    (1) The name of the airport and associated cities and states;

    (2) A clear, concise description of the proposed restriction, 

including a statement that it will be a mandatory Stage 2 restriction, 

and where the complete text of the restriction, and any sanctions for 

noncompliance, are available for public inspection;

    (3) A brief discussion of the specific need for, and goal of, the 

restriction;

    (4) Identification of the operators and the types of aircraft 

expected to be affected;

    (5) The proposed effective date of the restriction, the proposed 

method of implementation (e.g., city ordinance, airport rule, lease), 

and any proposed enforcement mechanism;

    (6) An analysis of the proposed restriction, as required by Sec. 

161.205 of this subpart, or an announcement of where the analysis is 

available for public inspection;

    (7) An invitation to comment on the proposed restriction and 

analysis, with a minimum 45-day comment period;

    (8) Information on how to request copies of the complete text of the 

proposed restriction, including any sanctions for noncompliance, and the 

analysis (if not included with the notice); and



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    (9) The address for submitting comments to the airport operator, 

including identification of a contact person at the airport.

    (d) At the time of notice, the airport operator shall provide the 

FAA with a full text of the proposed restriction, including any 

sanctions for noncompliance.

    (e) The Federal Aviation Administration will publish an announcement 

of the proposed Stage 2 restriction in the Federal Register.