[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: 14CFR161.313]



[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 D_Notice, Review, and Approval Requirements for Stage 3 

                              Restrictions

 

Sec. 161.313  Review of application.



    (a) Determination of completeness. The FAA, within 30 days of 

receipt of an application, will determine whether the application is 

complete in accordance with Sec. 161.311. Determinations of 

completeness will be made on all proposed restrictions and alternatives. 

This completeness determination is not an approval or disapproval of the 

proposed restriction.

    (b) Process for complete application. When the FAA determines that a 

complete application has been submitted, the following procedures apply:

    (1) The FAA notifies the applicant that it intends to act on the 

proposed restriction and publishes notice of the proposed restriction in 

the Federal Register in accordance with Sec. 161.315. The 180-day 

period for approving or disapproving the proposed restriction will start 

on the date of original FAA receipt of the application.

    (2) Following review of the application, public comments, and any 

other information obtained under Sec. 161.317(b), the FAA will issue a 

decision approving or disapproving the proposed restriction. This 

decision is a final decision of the Administrator for purpose of 

judicial review.

    (c) Process for incomplete application. If the FAA determines that 

an application is not complete with respect to any submitted restriction 

or alternative restriction, the following procedures apply:

    (1) The FAA shall notify the applicant in writing, returning the 

application and setting forth the type of information and analysis 

needed to complete the application in accordance with Sec. 161.311.

    (2) Within 30 days after the receipt of this notice, the applicant 

shall advise the FAA in writing whether or not it intends to resubmit 

and supplement its application.

    (3) If the applicant does not respond in 30 days, or advises the FAA 

that it does not intend to resubmit and/or supplement the application, 

the application will be denied. This closes the matter without prejudice 

to later application and does not constitute disapproval of the proposed 

restriction.

    (4) If the applicant chooses to resubmit and supplement the 

application, the following procedures apply:

    (i) Upon receipt of the resubmitted application, the FAA determines 

whether the application, as supplemented, is complete as set forth in 

paragraph (a) of this section.

    (ii) If the application is complete, the procedures set forth in 

Sec. 161.315 shall be followed. The 180-day review period starts on the 

date of receipt of the last supplement to the application.

    (iii) If the application is still not complete with respect to the 

proposed restriction or at least one submitted alternative, the FAA so 

advises the applicant as set forth in paragraph (c)(1) of this section 

and provides the applicant with an additional opportunity to supplement 

the application as set forth in paragraph (c)(2) of this section.



[[Page 202]]



    (iv) If the environmental documentation (either an environmental 

assessment or information supporting a categorical exclusion) is 

incomplete, the FAA will so notify the applicant in writing, returning 

the application and setting forth the types of information and analysis 

needed to complete the documentation. The FAA will continue to return an 

application until adequate environmental documentation is provided. When 

the application is determined to be complete, including the 

environmental documentation, the 180-day period for approval or 

disapproval will begin upon receipt of the last supplement to the 

application.

    (v) Following review of the application and its supplements, public 

comments, and any other information obtained under Sec. 161.317(b), the 

FAA will issue a decision approving or disapproving the application. 

This decision is a final decision of the Administrator for the purpose 

of judicial review.

    (5) The FAA will deny the application and return it to the applicant 

if:

    (i) None of the proposals submitted are found to be complete;

    (ii) The application has been returned twice to the applicant for 

reasons other than completion of the environmental documentation; and

    (iii) The applicant declines to complete the application. This 

closes the matter without prejudice to later application, and does not 

constitute disapproval of the proposed restriction.