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Federal Aviation Administration, DOT 

§ 161.209 

(5) The proposed effective date of the 

restriction, the proposed method of im-
plementation (e.g., city ordinance, air-
port rule, lease), and any proposed en-
forcement mechanism; 

(6) An analysis of the proposed re-

striction, as required by § 161.205 of this 
subpart, or an announcement of where 
the analysis is available for public in-

(7) An invitation to comment on the 

proposed restriction and analysis, with 
a minimum 45-day comment period; 

(8) Information on how to request 

copies of the complete text of the pro-
posed restriction, including any sanc-
tions for noncompliance, and the anal-
ysis (if not included with the notice); 

(9) The address for submitting com-

ments to the airport operator, includ-
ing identification of a contact person 
at the airport. 

(d) At the time of notice, the airport 

operator shall provide the FAA with a 
full text of the proposed restriction, in-
cluding any sanctions for noncompli-

(e) The Federal Aviation Administra-

tion will publish an announcement of 
the proposed Stage 2 restriction in the 




§ 161.205

Required analysis of pro-

posed restriction and alternatives. 

(a) Each airport operator proposing a 

noise or access restriction on Stage 2 
aircraft operations shall prepare the 
following and make it available for 
public comment: 

(1) An analysis of the anticipated or 

actual costs and benefits of the pro-
posed noise or access restriction; 

(2) A description of alternative re-

strictions; and 

(3) A description of the alternative 

measures considered that do not in-
volve aircraft restrictions, and a com-
parison of the costs and benefits of 
such alternative measures to costs and 
benefits of the proposed noise or access 

(b) In preparing the analyses required 

by this section, the airport operator 
shall use the noise measurement sys-
tems and identify the airport noise 
study area as specified in §§ 161.9 and 
161.11, respectively; shall use currently 
accepted economic methodology; and 

shall provide separate detail on the 
costs and benefits of the proposed re-
striction with respect to the operations 
of Stage 2 aircraft weighing less than 
75,000 pounds if the restriction applies 
to this class. The airport operator shall 
specify the methods used to analyze 
the costs and benefits of the proposed 
restriction and the alternatives. 

(c) The kinds of information set forth 

in § 161.305 are useful elements of an 
adequate analysis of a noise or access 
restriction on Stage 2 aircraft oper-

§ 161.207

Comment by interested par-


Each airport operator shall establish 

a public docket or similar method for 
receiving and considering comments, 
and shall make comments available for 
inspection by interested parties upon 
request. Comments must be retained as 
long as the restriction is in effect. 

§ 161.209

Requirements for proposal 


(a) Each airport operator shall 

promptly advise interested parties of 
any changes to a proposed restriction, 
including changes that affect non-
compatible land uses, and make avail-
able any changes to the proposed re-
striction and its analysis. Interested 
parties include those that received di-
rect notice under § 161.203(b), or those 
that were required to be consulted in 
accordance with the procedures in 
§ 161.211 of this part, and those that 
have commented on the proposed re-

(b) If there are substantial changes to 

the proposed restriction or the analysis 
during the 180-day notice period, the 
airport operator shall initiate new no-
tice following the procedures in 
§ 161.203 or, alternatively, the proce-
dures in § 161.211. A substantial change 
includes, but is not limited to, a pro-
posal that would increase the burden 
on any aviation user class. 

(c) In addition to the information in 

§ 161.203(c), new notice must indicate 
that the airport operator is revising a 
previous notice, provide the reason for 
making the revision, and provide a new 
effective date (if any) for the restric-
tion. The effective date of the restric-
tion must be at least 180 days after the 

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