[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: 14CFR161.7]



[Page 191]

 

                     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 A_General Provisions

 

Sec. 161.7  Limitations.



    (a) Aircraft operational procedures that must be submitted for 

adoption by the FAA, such as preferential runway use, noise abatement 

approach and departure procedures and profiles, and flight tracks, are 

not subject to this part. Other noise abatement procedures, such as 

taxiing and engine runups, are not subject to this part unless the 

procedures imposed limit the total number of Stage 2 or Stage 3 aircraft 

operations, or limit the hours of Stage 2 or Stage 3 aircraft 

operations, at the airport.

    (b) The notice, review, and approval requirements set forth in this 

part do not apply to airports with restrictions as specified in 49 

U.S.C. App. 2153(a)(2)(C):

    (1) A local action to enforce a negotiated or executed airport 

aircraft noise or access agreement between the airport operator and the 

aircraft operator in effect on November 5, 1990.

    (2) A local action to enforce a negotiated or executed airport 

aircraft noise or access restriction the airport operator and the 

aircraft operators agreed to before November 5, 1990.

    (3) An intergovernmental agreement including airport aircraft noise 

or access restriction in effect on November 5, 1990.

    (4) A subsequent amendment to an airport aircraft noise or access 

agreement or restriction in effect on November 5, 1990, where the 

amendment does not reduce or limit aircraft operations or affect 

aircraft safety.

    (5) A restriction that was adopted by an airport operator on or 

before October 1, 1990, and that was stayed as of October 1, 1990, by a 

court order or as a result of litigation, if such restriction, or a part 

thereof, is subsequently allowed by a court to take effect.

    (6) In any case in which a restriction described in paragraph (b)(5) 

of this section is either partially or totally disallowed by a court, 

any new restriction imposed by an airport operator to replace such 

disallowed restriction, if such new restriction would not prohibit 

aircraft operations in effect on November 5, 1990.

    (7) A local action that represents the adoption of the final portion 

of a program of a staged airport aircraft noise or access restriction, 

where the initial portion of such program was adopted during calendar 

year 1988 and was in effect on November 5, 1990.

    (c) The notice, review, and approval requirements of subpart D of 

this part with regard to Stage 3 aircraft restrictions do not apply if 

the FAA has, prior to November 5, 1990, formed a working group (outside 

of the process established by 14 CFR part 150) with a local airport 

operator to examine the noise impact of air traffic control procedure 

changes. In any case in which an agreement relating to noise reductions 

at such airport is then entered into between the airport proprietor and 

an air carrier or air carrier constituting a majority of the air carrier 

users of such airport, the requirements of subparts B and D of this part 

with respect to restrictions on Stage 3 aircraft operations do apply to 

local actions to enforce such agreements.

    (d) Except to the extent required by the application of the 

provisions of the Act, nothing in this part eliminates, invalidates, or 

supersedes the following:

    (1) Existing law with respect to airport noise or access 

restrictions by local authorities;

    (2) Any proposed airport noise or access regulation at a general 

aviation airport where the airport proprietor has formally initiated a 

regulatory or legislative process on or before October 1, 1990; and

    (3) The authority of the Secretary of Transportation to seek and 

obtain such legal remedies as the Secretary considers appropriate, 

including injunctive relief.