1、735 Federal Aviation Administration, DOT Pt. 161 costs of a project paid for by PFC revenue for the purpose of establishing a rate, fee or charge pursuant to a contract with an air carrier or foreign air carrier. (c) Notwithstanding the limitation pro-vided in subparagraph (b), with respect to a pro
2、ject for terminal development, gates and related areas, or a facility occupied or used by one or more air carriers or foreign air car-riers on an exclusive or preferential basis, the rates, fees, and charges payable by such carriers that use such facilities will be no less than the rates, fees, and
3、charges paid by such carriers using similar facilities at the airport that were not financed by PFC rev-enue. 9. Standards and specifications. It will carry out the project in accordance with FAA airport design, construction and equip-ment standards and specifications contained in advisory circulars
4、 current on the date of project approval. 10. Recordkeeping and Audit. It will main-tain an accounting record for audit purposes for 3 years after physical and financial com-pletion of the project. All records must sat-isfy the requirements of 14 CFR part 158 and contain documentary evidence for all
5、 items of project costs. 11. Reports. It will submit reports in ac-cordance with the requirements of 14 CFR part 158, subpart D, and as the Administrator may reasonably request. 12. Compliance with 49 U.S.C. 47523 through 47528. It understands 49 U.S.C. 47524 and 47526 require that the authority to
6、impose a PFC be terminated if the Administrator deter-mines the public agency has failed to comply with those sections of the United States Code or with the implementing regulations published under the Code. Doc. No. 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 1582, 65 FR 34543, May 30, 20
7、00; Amdt. 1584, 72 FR 28851, May 23, 2007 PART 161NOTICE AND AP-PROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS Subpart AGeneral Provisions Sec. 161.1 Purpose. 161.3 Applicability. 161.5 Definitions. 161.7 Limitations. 161.9 Designation of noise description meth-ods. 161.11 Identification of land us
8、es in airport noise study area. Subpart BAgreements 161.101 Scope. 161.103 Notice of the proposed restriction. 161.105 Requirements for new entrants. 161.107 Implementation of the restriction. 161.109 Notice of termination of restriction pursuant to an agreement. 161.111 Availability of data and com
9、ments on a restriction implemented pursuant to an agreement. 161.113 Effect of agreements; limitation on reevaluation. Subpart CNotice Requirements for Stage 2 Restrictions 161.201 Scope. 161.203 Notice of proposed restriction. 161.205 Required analysis of proposed re-striction and alternatives. 161
10、.207 Comment by interested parties. 161.209 Requirements for proposal changes. 161.211 Optional use of 14 CFR part 150 pro-cedures. 161.213 Notification of a decision not to im-plement a restriction. Subpart DNotice, Review, and Approval Requirements for Stage 3 Restrictions 161.301 Scope. 161.303 N
11、otice of proposed restrictions. 161.305 Required analysis and conditions for approval of proposed restrictions. 161.307 Comment by interested parties. 161.309 Requirements for proposal changes. 161.311 Application procedure for approval of proposed restriction. 161.313 Review of application. 161.315
12、 Receipt of complete application. 161.317 Approval or disapproval of proposed restriction. 161.319 Withdrawal or revision of restric-tion. 161.321 Optional use of 14 CFR part 150 pro-cedures. 161.323 Notification of a decision not to im-plement a restriction. 161.325 Availability of data and comment
13、s on an implemented restriction. Subpart EReevaluation of Stage 3 Restrictions 161.401 Scope. 161.403 Criteria for reevaluation. 161.405 Request for reevaluation. 161.407 Notice of reevaluation. 161.409 Required analysis by reevaluation petitioner. 161.411 Comment by interested parties. 161.413 Reev
14、aluation procedure. 161.415 Reevaluation action. 161.417 Notification of status of restrictions and agreements not meeting conditions- of-approval criteria. Subpart FFailure To Comply With This Part 161.501 Scope. 161.503 Informal resolution; notice of appar-ent violation. VerDate Mar2010 08:29 Feb
15、24, 2011 Jkt 223045 PO 00000 Frm 00745 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-736 14 CFR Ch. I (1111 Edition) 161.1 161.505 Notice of proposed termination of a
16、irport grant funds and passenger facil-ity charges. AUTHORITY: 49 U.S.C. 106(g), 4752347527, 47533. SOURCE: Docket No. 26432, 56 FR 48698, Sept. 25, 1991, unless otherwise noted. Subpart AGeneral Provisions 161.1 Purpose. This part implements the Airport Noise and Capacity Act of 1990 (49 U.S.C. App
17、. 2153, 2154, 2155, and 2156). It prescribes: (a) Notice requirements and proce-dures for airport operators imple-menting Stage 3 aircraft noise and ac-cess restrictions pursuant to agree-ments between airport operators and aircraft operators; (b) Analysis and notice requirements for airport operato
18、rs proposing Stage 2 aircraft noise and access restrictions; (c) Notice, review, and approval re-quirements for airport operators pro-posing Stage 3 aircraft noise and access restrictions; and (d) Procedures for Federal Aviation Administration reevaluation of agree-ments containing restrictions on S
19、tage 3 aircraft operations and of aircraft noise and access restrictions affecting Stage 3 aircraft operations imposed by airport operators. 161.3 Applicability. (a) This part applies to airports im-posing restrictions on Stage 2 aircraft operations proposed after October 1, 1990, and to airports im
20、posing restric-tions on Stage 3 aircraft operations that became effective after October 1, 1990. (b) This part also applies to airports enacting amendments to airport noise and access restrictions in effect on Oc-tober 1, 1990, but amended after that date, where the amendment reduces or limits aircr
21、aft operations or affects aircraft safety. (c) The notice, review, and approval requirements set forth in this part apply to all airports imposing noise or access restrictions as defined in 161.5 of this part. 161.5 Definitions. For the purposes of this part, the fol-lowing definitions apply: Agreem
22、ent means a document in writ-ing signed by the airport operator; those aircraft operators currently oper-ating at the airport that would be af-fected by the noise or access restric-tion; and all affected new entrants planning to provide new air service within 180 days of the effective date of the re
23、striction that have submitted to the airport operator a plan of oper-ations and notice of agreement to the restriction. Aircraft operator, for purposes of this part, means any owner of an aircraft that operates the aircraft, i.e., uses, causes to use, or authorizes the use of the aircraft; or in the
24、 case of a leased aircraft, any lessee that operates the aircraft pursuant to a lease. As used in this part, aircraft operator also means any representative of the aircraft owner, or in the case of a leased air-craft, any representative of the lessee empowered to enter into agreements with the airpo
25、rt operator regarding use of the airport by an aircraft. Airport means any area of land or water, including any heliport, that is used or intended to be used for the landing and takeoff of aircraft, and any appurtenant areas that are used or in-tended to be used for airport buildings or other airpor
26、t facilities or rights-of- way, together with all airport build-ings and facilities located thereon. Airport noise study area means that area surrounding the airport within the noise contour selected by the appli-cant for study and must include the noise contours required to be developed for noise e
27、xposure maps specified in 14 CFR part 150. Airport operator means the airport proprietor. Aviation user class means the fol-lowing categories of aircraft operators: air carriers operating under parts 121 or 129 of this chapter; commuters and other carriers operating under part 135 of this chapter; g
28、eneral aviation, mili-tary, or government operations. Day-night average sound level (DNL) means the 24-hour average sound level, in decibels, for the period from mid-night to midnight, obtained after the addition of ten decibels to sound levels VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000
29、Frm 00746 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-737 Federal Aviation Administration, DOT 161.7 for the periods between midnight and 7 a.m., and between 10 p.m
30、. and mid-night, local time, as defined in 14 CFR part 150. (The scientific notation for DNL is Ldn). Noise or access restrictions means re-strictions (including but not limited to provisions of ordinances and leases) af-fecting access or noise that affect the operations of Stage 2 or Stage 3 air-cr
31、aft, such as limits on the noise gen-erated on either a single-event or cu-mulative basis; a limit, direct or indi-rect, on the total number of Stage 2 or Stage 3 aircraft operations; a noise budget or noise allocation program that includes Stage 2 or Stage 3 air-craft; a restriction imposing limits
32、 on hours of operations; a program of air-port-use charges that has the direct or indirect effect of controlling airport noise; and any other limit on Stage 2 or Stage 3 aircraft that has the effect of controlling airport noise. This defi-nition does not include peak-period pricing programs where th
33、e objective is to align the number of aircraft oper-ations with airport capacity. Stage 2 aircraft means an aircraft that has been shown to comply with the Stage 2 requirements under 14 CFR part 36. Stage 3 aircraft means an aircraft that has been shown to comply with the Stage 3 requirements under
34、14 CFR part 36. Doc. No. 26432, 56 FR 48698, Sept. 25, 1991, as amended by Amdt. 1612, 66 FR 21067, Apr. 27, 2001 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 de-parture procedures
35、 and profiles, and flight tracks, are not subject to this part. Other noise abatement proce-dures, such as taxiing and engine runups, are not subject to this part un-less the procedures imposed limit the total number of Stage 2 or Stage 3 air-craft operations, or limit the hours of Stage 2 or Stage
36、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 nego-tiated or executed airport aircraft noise or access agreement
37、between the airport operator and the aircraft oper-ator in effect on November 5, 1990. (2) A local action to enforce a nego-tiated or executed airport aircraft noise or access restriction the airport operator and the aircraft operators agreed to before November 5, 1990. (3) An intergovernmental agre
38、ement including airport aircraft noise or ac-cess restriction in effect on November 5, 1990. (4) A subsequent amendment to an airport aircraft noise or access agree-ment or restriction in effect on Novem-ber 5, 1990, where the amendment does not reduce or limit aircraft operations or affect aircraft
39、 safety. (5) A restriction that was adopted by an airport operator on or before Octo-ber 1, 1990, and that was stayed as of October 1, 1990, by a court order or as a result of litigation, if such restric-tion, or a part thereof, is subsequently allowed by a court to take effect. (6) In any case in w
40、hich a restriction described in paragraph (b)(5) of this section is either partially or totally disallowed by a court, any new restric-tion imposed by an airport operator to replace such disallowed restriction, if such new restriction would not pro-hibit aircraft operations in effect on November 5,
41、1990. (7) A local action that represents the adoption of the final portion of a pro-gram 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 ef-fect on November 5, 1990. (c) The notice, review, and appro
42、val requirements of subpart D of this part with regard to Stage 3 aircraft restric-tions do not apply if the FAA has, prior to November 5, 1990, formed a working group (outside of the process estab-lished by 14 CFR part 150) with a local airport operator to examine the noise impact of air traffic co
43、ntrol procedure changes. In any case in which an agree-ment relating to noise reductions at such airport is then entered into be-tween the airport proprietor and an air carrier or air carrier constituting a VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00747 Fmt 8010 Sfmt 8010 Y:SGML223
44、045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-738 14 CFR Ch. I (1111 Edition) 161.9 majority of the air carrier users of such airport, the requirements of sub-parts B and D of this part with res
45、pect to restrictions on Stage 3 aircraft oper-ations do apply to local actions to en-force 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 fol-lowing: (1) Existing law with respect to
46、air-port noise or access restrictions by local authorities; (2) Any proposed airport noise or ac-cess 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
47、of Transportation to seek and obtain such legal remedies as the Secretary con-siders appropriate, including injunctive relief. 161.9 Designation of noise descrip-tion methods. For purposes of this part, the fol-lowing requirements apply: (a) The sound level at an airport and surrounding areas, and t
48、he exposure of individuals to noise resulting from op-erations at an airport, must be estab-lished in accordance with the specifica-tions and methods prescribed under ap-pendix A of 14 CFR part 150; and (b) Use of computer models to create noise contours must be in accordance with the criteria presc
49、ribed under ap-pendix A of 14 CFR part 150. 161.11 Identification of land uses in airport noise study area. For the purposes of this part, uses of land that are normally compatible or noncompatible with various noise-ex-posure levels to individuals around air-ports must be identified in accordance with the criteria prescribed under ap-pendix A of 14 CFR part 150. Deter-mination of land use must be based on professional planning, zoning, and building and site desig
