---
kind: "section"
citation: "14 C.F.R. § 161.303"
title: "14"
number: "161.303"
heading: "Notice of proposed restrictions."
url: "https://uscodex.org/cfr/14/161.303"
---

# §161.303. Notice of proposed restrictions.

- (a) Each airport operator or aircraft operator (hereinafter referred to as applicant) proposing a Stage 3 restriction shall provide public notice and an opportunity for public comment, as prescribed in this subpart, before submitting the restriction to the FAA for review and approval.
- (b) Except as provided in [§ 161.321](/cfr/14/161.321.md), an applicant shall publish a notice of the proposed restriction in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport noise study area; post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties:
  - (1) Aircraft operators providing scheduled passenger or cargo service at the airport; operators of aircraft based at the airport; potential new entrants that are known to be interested in serving the airport; and aircraft operators known to be routinely providing nonscheduled service that may be affected by the proposed restriction;
  - (2) The Federal Aviation Administration;
  - (3) Each Federal, state, and local agency with land-use control jurisdiction within the airport noise study area;
  - (4) Fixed-base operators and other airport tenants whose operations may be affected by the proposed restriction; and
  - (5) Community groups and business organizations that are known to be interested in the proposed restriction.
- (c) Each notice provided in accordance with [paragraph (b)](#b) of this section shall include:
  - (1) The name of the airport and associated cities and states;
  - (2) A clear, concise description of the proposed restriction (and any alternatives, in order of preference), including a statement that it will be a mandatory Stage 3 restriction; and where the complete text of the restriction, and any sanctions for noncompliance, are available for public inspection;
  - (3) A brief discussion of the specific need for, and goal of, the restriction;
  - (4) Identification of the operators and types of aircraft expected to be affected;
  - (5) The proposed effective date of the restriction, the proposed method of implementation (e.g., city ordinance, airport rule, lease, or other document), and any proposed enforcement mechanism;
  - (6) An analysis of the proposed restriction, in accordance with [§ 161.305](/cfr/14/161.305.md) of this part, or an announcement regarding where the analysis is available for public inspection;
  - (7) An invitation to comment on the proposed restriction and the analysis, with a minimum 45-day comment period;
  - (8) Information on how to request a copy of the complete text of the restriction, including any sanctions for noncompliance, and the analysis (if not included with the notice); and
  - (9) The address for submitting comments to the airport operator or aircraft operator proposing the restriction, including identification of a contact person.
- (d) Applicants may propose alternative restrictions, including partial implementation of any proposal, and indicate an order of preference. If alternative restriction proposals are submitted, the requirements listed in [paragraphs (c)(2) through (c)(6)](#c-2..c-6) of this section should address the alternative proposals where appropriate.

## Notes

### Authority

Authority: 49 U.S.C. 106(g), 47523-47527, 47533.

### Source

Source: Docket 26432, 56 FR 48698, Sept. 25, 1991, unless otherwise noted.