[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: 14CFR161.317]



[Page 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. 161.317  Approval or disapproval of proposed restriction.



    (a) Upon determination that an application is complete with respect 

to at least one of the proposals submitted by the applicant, the FAA 

will act upon the complete proposals in the application. The FAA will 

not act on any proposal for which the applicant has declined to submit 

additional necessary information.

    (b) The FAA will review the applicant's proposals in the preference 

order specified by the applicant. The FAA may request additional 

information from aircraft operators, or any other party, and may convene 

an informal meeting to gather facts relevant to its determination.

    (c) The FAA will evaluate the proposal and issue an order approving 

or disapproving the proposed restriction and any submitted alternatives, 

in whole or in part, in the order of preference indicated by the 

applicant. Once the FAA approves a proposed restriction, the FAA will 

not consider any proposals of lower applicant-stated preference. 

Approval or disapproval will be given by the FAA within 180 days after 

receipt of the application or last supplement thereto under Sec. 

161.313. The FAA will publish its decision in the Federal Register and 

notify the applicant in writing.

    (d) The applicant's failure to provide substantial evidence 

supporting the statutory conditions for approval of a particular 

proposal is grounds for disapproval of that proposed restriction.

    (e) The FAA will approve or disapprove only the Stage 3 aspects of a 

restriction if the restriction applies to both Stage 2 and Stage 3 

aircraft operations.

    (f) An order approving a restriction may be subject to requirements 

that the applicant:

    (1) Comply with factual representations and commitments in support 

of the restriction; and

    (2) Ensure that any environmental mitigation actions or commitments 

by any party that are set forth in the environmental documentation 

provided in support of the restriction are implemented.