[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: 14CFR161.405]



[Page 204-205]

 

                     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. 161.405  Request for reevaluation.



    (a) A request for reevaluation submitted to the FAA by an aircraft 

operator must include the following information:

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

    (2) A clear, concise description of the restriction and any 

sanctions for noncompliance, whether the restriction was approved by the 

FAA or agreed to by the airport operator and aircraft operators, the 

date of the approval or agreement, and a copy of the restriction as 

incorporated in a local ordinance, airport rule, lease, or other 

document;

    (3) The quantified change in the noise environment using methodology 

specified in this part;

    (4) Evidence of the relationship between this change and the 

likelihood that the restriction does not meet one or more of the 

conditions in Sec. 161.305;

    (5) The aircraft operator's status under the restriction (e.g., 

currently affected operator, potential new entrant) and an explanation 

of the aircraft operator's specific objection; and

    (6) A description and evidence of the aircraft operator's attempt to 

resolve the dispute locally with the affected parties, including the 

airport operator.

    (b) The FAA will evaluate the aircraft operator's submission and 

determine whether or not a reevaluation is justified. The FAA may 

request additional information from the airport operator or any other 

party and may convene an informal meeting to gather facts relevant to 

its determination.

    (c) The FAA will notify the aircraft operator in writing, with a 

copy to the affected airport operator, of its determination.

    (1) If the FAA determines that a reevaluation is not justified, it 

will indicate the reasons for this decision.

    (2) If the FAA determines that a reevaluation is justified, the 

aircraft operator will be notified to complete its



[[Page 205]]



analysis and to begin the public notice procedure, as set forth in this 

subpart.