[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: 14CFR161.403]



[Page 204]

 

                     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 E_Reevaluation of Stage 3 Restrictions

 

Sec. 161.403  Criteria for reevaluation.



    (a) A request for reevaluation must be submitted by an aircraft 

operator.

    (b) An aircraft operator must demonstrate to the satisfaction of the 

FAA that there has been a change in the noise environment of the 

affected airport and that a review and reevaluation pursuant to the 

criteria in Sec. 161.305 is therefore justified.

    (1) A change in the noise environment sufficient to justify 

reevaluation is either a DNL change of 1.5 dB or greater (from the 

restriction's anticipated target noise level result) over noncompatible 

land uses, or a change of 17 percent or greater in the noncompatible 

land uses, within an airport noise study area. For approved 

restrictions, calculation of change shall be based on the divergence of 

actual noise impact of the restriction from the estimated noise impact 

of the restriction predicted in the analysis required in Sec. 

161.305(e)(2)(i)(A)(1)(ii). The change in the noise environment or in 

the noncompatible land uses may be either an increase or decrease in 

noise or in noncompatible land uses. An aircraft operator may submit to 

the FAA reasons why a change that does not fall within either of these 

parameters justifies reevaluation, and the FAA will consider such 

arguments on a case-by-case basis.

    (2) A change in the noise environment justifies reevaluation if the 

change is likely to result in the restriction not meeting one or more of 

the conditions for approval set forth in Sec. 161.305 of this part for 

approval. The aircraft operator must demonstrate that such a result is 

likely to occur.

    (c) A reevaluation may not occur less than 2 years after the date of 

the FAA approval. The FAA will normally apply the same 2-year 

requirement to agreements under subpart B of this part that affect Stage 

3 aircraft operations. An aircraft operator may submit to the FAA 

reasons why an agreement under subpart B of this part should be 

reevaluated in less than 2 years, and the FAA will consider such 

arguments on a case-by-case basis.

    (d) An aircraft operator must demonstrate that it has made a good 

faith attempt to resolve locally any dispute over a restriction with the 

affected parties, including the airport operator, before requesting 

reevaluation by the FAA. Such demonstration and certification shall 

document all attempts of local dispute resolution.



[Docket No. 26432, 56 FR 48698, Sept. 25, 1991; 56 FR 51258, Oct. 10, 

1991]