Section 161.203 -- Public notice

• Notice and analysis must be made available not less than 180 days prior to the effective date set.

• Published notice in a local newspaper, posted notice at the airport, and directly notified in writing the parties listed in Part 161.

• The notices included all of the required information, including need and goal, identification of aircraft types expected to be affected, enforcement, etc.

• The notices provided a minimum of 45 days in which to comment from the date of notice (at which time all required information is to be completed and made available)

• Analyze anticipated or actual costs and benefits of proposal.

• Describe alternative restrictions (comparing costs and benefits to proposal).

• Describe nonrestrictive alternatives comparing costs and benefits to proposal.

  At the airport operators discretion, the analysis requirements of section 161.305 may be used instead:

  (a) complete text of the proposed restriction, including the proposed wording (required by Subpart C, 161.203(c) and (d)). Note: The phrase "and any submitted alternatives" is unique to Stage 3 restriction analysis requirements; it refers to alternative restriction proposals that the airport operator would have the FAA approve if its preferred Stage 3 restriction does not meet the six statutory conditions for approval.

  (b) maps denoting the boundaries and study area (required by Subpart C, 161.205(b))

  (c) an analysis of the noise environment (required by Subpart C, 161.205(b)). Note: An environmental assessment or information supporting a categorical exclusion in accordance with FAA orders and procedures regarding compliance with NEPA is unique to Stage 3 restriction analysis requirements. There is no Federal action as defined by the environmental regulations governing NEPA for a Stage 2 restriction.

  (d) a separate summary of the detailed analysis of 161.305(e) is required when an analysis under Section 161.305(e) is prepared.

  (e) an analysis of the restriction, demonstrating by substantial evidence that the statutory conditions are met. The analysis must be sufficiently detailed to allow the FAA to evaluate the merits of the proposed restriction. (This is recommended by Subpart C, 161.205(c).)

• Define a study area be defined and use the Integrated Noise Model to model noise.

• Use "currently accepted economic methodology" and specify the methods used to analyze the costs and benefits of the proposal and alternatives.

• That "separate detail on the costs and benefits of the proposed restriction with respect to the operations of Stage 2 aircraft weighing less than 75,000 pounds if the restriction applies to this class." (If this class is exempted from a proposed Stage 2 restriction, there would be "benefits" to that class. A separate analysis demonstrating the noise impacts generated by that class and providing reasons for their exemption would be required to demonstrate that exempting the class is not unjustly discriminatory against any other user class.)

• A public docket or other method must be made available for comments.

• Notify interested parties, including any parties who commented but were not initially notified -- 161.209(a).

• Perform any additional analyses.

• Make changes to original data as a result of new information.

  If the change is not "substantial", no additional comment period or new effective date is required. If the change is substantial (according to criteria described in Sec. 161.209), then:

• Reinitiate notice (161.203) and include any additional commenter now considered an "interested party" (161.209).

• Include the appropriate additional information (161.209(c)) in the notice sent to notified parties and set a new effective date of not less than 180 days from the date the new information is made available for public comment.

• Set another minimum 45-day comment period.