[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: 14CFR161.303]



[Page 196-197]

 

                     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 D_Notice, Review, and Approval Requirements for Stage 3 

                              Restrictions

 

Sec. 161.303  Notice of proposed restrictions.



    (a) Each airport operator or aircraft operator (hereinafter referred 

to as applicant) proposing a Stage 3 restriction shall provide public 

notice and an opportunity for public comment, as prescribed in this 

subpart, before submitting the restriction to the FAA for review and 

approval.

    (b) Except as provided in Sec. 161.321, an applicant shall 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;



[[Page 197]]



    (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 (and 

any alternatives, in order of preference), including a statement that it 

will be a mandatory Stage 3 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 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, or 

other document), and any proposed enforcement mechanism;

    (6) An analysis of the proposed restriction, in accordance with 

Sec. 161.305 of this part, or an announcement regarding where the 

analysis is available for public inspection;

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

analysis, with a minimum 45-day comment period;

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

restriction, including any sanctions for noncompliance, and the analysis 

(if not included with the notice); and

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

aircraft operator proposing the restriction, including identification of 

a contact person.

    (d) Applicants may propose alternative restrictions, including 

partial implementation of any proposal, and indicate an order of 

preference. If alternative restriction proposals are submitted, the 

requirements listed in paragraphs (c)(2) through (c)(6) of this section 

should address the alternative proposals where appropriate.