80_FR_42157 80 FR 42021 - Stage 3 Compliance for Jets Weighing 75,000 Pounds or Less After December 31, 2015

80 FR 42021 - Stage 3 Compliance for Jets Weighing 75,000 Pounds or Less After December 31, 2015

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 136 (July 16, 2015)

Page Range42021-42022
FR Document2015-17382

The Federal Aviation Administration is reminding operators of jet airplanes weighing 75,000 pounds or less that after December 31, 2015, operations in the contiguous United States may be conducted only with airplanes that comply with at least Stage 3 noise levels. Operators that fail to meet this requirement may be subject to civil penalties. Certain operations of airplanes not meeting Stage 3 may be conducted under special flight authorizations granted by the FAA on a case by case basis.

Federal Register, Volume 80 Issue 136 (Thursday, July 16, 2015)
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42021-42022]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17382]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91


Stage 3 Compliance for Jets Weighing 75,000 Pounds or Less After 
December 31, 2015

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice reminding operators of noise compliance deadline.

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SUMMARY: The Federal Aviation Administration is reminding operators of 
jet airplanes weighing 75,000 pounds or less that after December 31, 
2015, operations in the contiguous United States may be conducted only 
with airplanes that comply with at least Stage 3 noise levels. 
Operators that fail to meet this requirement may be subject to civil 
penalties. Certain operations of airplanes not meeting Stage 3 may be 
conducted under special flight authorizations granted by the FAA on a 
case by case basis.

DATES: Compliance is due after December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Questions regarding this restriction 
and its applicability may be directed to Rebecca Cointin AEE-100, 
Office of Environment and Energy, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
4770; email: [email protected]. For legal questions, contact 
Karen Petronis, AGC-220, Regulations Division, Office of the Chief 
Counsel, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone: (202) 267-3073; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The noise from smaller jet airplanes continues to have an impact on 
communities near airports. In recognition of this impact, Congress 
addressed the operations of these airplanes in Section 506 of the FAA 
Modernization and Reform Act of 2012. That section states: ``[A]fter 
December 31, 2015, a person may not operate a civil subsonic jet 
airplane with a maximum weight of 75,000 pounds or less, and for which 
an airworthiness certificate (other than an experimental certificate) 
has been issued, to or from an airport in the United States unless the 
Secretary of Transportation finds that the aircraft complies with 
[S]tage 3 noise levels.'' Stage 3 noise levels are the certificated 
noise levels as established in 14 CFR part 36.
    In 2013, the FAA codified this statutory requirement as Sec.  
91.881. The prohibition applies to all civil operations in the 48 
contiguous United States regardless of purpose (except for those 
airplanes that have an experimental airworthiness certificate). The law 
also provides for operation of otherwise prohibited airplanes after 
that date under certain circumstances. The authorized purposes were 
codified in Sec.  91.883, which includes the procedure for applying for 
a special flight authorization from the FAA.
    Operators of airplanes that do not comply with Stage 3 noise levels 
may

[[Page 42022]]

choose to replace them, or to incorporate noise-reduction technologies 
that may be available to make the airplanes Stage 3 noise compliant. 
Operators that continue to fly non-compliant airplanes after December 
31, 2015, will be subject to applicable civil penalties.

    Issued in Washington, DC, on July 10, 2015.
Lourdes Maurice,
Director, Office of Environment and Energy.
[FR Doc. 2015-17382 Filed 7-15-15; 8:45 am]
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                                                               Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations                                            42021

                                            Availability and Summary of                              that warrant preparation of an                            operations in the contiguous United
                                            Documents for Incorporation by                           environmental assessment.                                 States may be conducted only with
                                            Reference                                                                                                          airplanes that comply with at least Stage
                                                                                                     Lists of Subjects in 14 CFR Part 71
                                               This document amends FAA Order                                                                                  3 noise levels. Operators that fail to
                                            7400.9Y, Airspace Designations and                        Airspace, Incorporation by reference,                    meet this requirement may be subject to
                                            Reporting Points, dated August 6, 2014,                  Navigation (air).                                         civil penalties. Certain operations of
                                            and effective September 15, 2014. FAA                    Adoption of the Amendment                                 airplanes not meeting Stage 3 may be
                                            Order 7400.9Y is publicly available as                                                                             conducted under special flight
                                                                                                       In consideration of the foregoing, the                  authorizations granted by the FAA on a
                                            listed in the ADDRESSES section of this
                                                                                                     Federal Aviation Administration                           case by case basis.
                                            final rule. FAA Order 7400.9Y lists
                                                                                                     amends 14 CFR part 71 as follows:                         DATES: Compliance is due after
                                            Class A, B, C, D, and E airspace areas,
                                            air traffic service routes, and reporting                PART 71—DESIGNATION OF CLASS A,                           December 31, 2015.
                                            points.                                                  B, C, D, AND E AIRSPACE AREAS; AIR                        FOR FURTHER INFORMATION CONTACT:
                                            The Rule                                                 TRAFFIC SERVICE ROUTES; AND                               Questions regarding this restriction and
                                                                                                     REPORTING POINTS                                          its applicability may be directed to
                                               This action amends Title 14 Code of                                                                             Rebecca Cointin AEE–100, Office of
                                            Federal Regulations (14 CFR) Part 71 by                  ■ 1. The authority citation for Part 71                   Environment and Energy, Federal
                                            establishing Class E airspace extending                  continues to read as follows:                             Aviation Administration, 800
                                            upward from 700 feet above the surface                                                                             Independence Avenue SW.,
                                            within a 6.4-mile radius of Defuniak                       Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                     40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR,              Washington, DC 20591; telephone: (202)
                                            Springs Airport, Defuniak Springs, FL,                   1959–1963 Comp., p. 389.                                  267–4770; email: rebecca.cointin@
                                            providing the controlled airspace                                                                                  faa.gov. For legal questions, contact
                                            required to support the new RNAV                         § 71.1       [Amended]                                    Karen Petronis, AGC–220, Regulations
                                            (GPS) standard instrument approach                       ■ 2. The incorporation by reference in                    Division, Office of the Chief Counsel,
                                            procedures for IFR operations.                           14 CFR 71.1 of FAA Order 7400.9Y,                         Federal Aviation Administration, 800
                                               Class E airspace designations are                     Airspace Designations and Reporting                       Independence Avenue SW.,
                                            published in Paragraph 6005 of FAA                       Points, dated August 6, 2014, effective                   Washington, DC 20591; telephone: (202)
                                            Order 7400.9Y, dated August 6, 2014,                     September 15, 2014, is amended as                         267–3073; email karen.petronis@
                                            and effective September 15, 2014, which                  follows:                                                  faa.gov.
                                            is incorporated by reference in 14 CFR
                                            71.1. The Class E airspace designation                   Paragraph 6005 Class E Airspace Areas                     SUPPLEMENTARY INFORMATION:
                                            listed in this document will be                          Extending Upward From 700 Feet or More
                                                                                                     Above the Surface of the Earth                            Background
                                            published subsequently in the Order.
                                                                                                     *        *       *       *       *                          The noise from smaller jet airplanes
                                            Regulatory Notices and Analyses                                                                                    continues to have an impact on
                                                                                                     ASO FL E5 Defuniak Springs, FL [New]
                                               The FAA has determined that this                                                                                communities near airports. In
                                                                                                     Defuniak Springs Airport, FL                              recognition of this impact, Congress
                                            regulation only involves an established
                                                                                                       (Lat. 30°43′52″ N., long. 86°9′14″ W.)                  addressed the operations of these
                                            body of technical regulations for which
                                            frequent and routine amendments are                        That airspace extending upward from 700                 airplanes in Section 506 of the FAA
                                                                                                     feet above the surface within a 6.4-mile                  Modernization and Reform Act of 2012.
                                            necessary to keep them operationally                     radius of Defuniak Springs Airport.
                                            current. Therefore, this regulation: (1) Is                                                                        That section states: ‘‘[A]fter December
                                            not a ‘‘significant regulatory action’’                    Issued in College Park, Georgia, on July 6,             31, 2015, a person may not operate a
                                            under Executive Order 12866; (2) is not                  2015.                                                     civil subsonic jet airplane with a
                                            a ‘‘significant rule’’ under DOT                         Gerald E. Lynch,                                          maximum weight of 75,000 pounds or
                                            Regulatory Policies and Procedures (44                   Acting Manager, Operations Support Group,                 less, and for which an airworthiness
                                            FR 11034; February 26, 1979); and (3)                    Eastern Service Center, Air Traffic                       certificate (other than an experimental
                                            does not warrant preparation of a                        Organization.                                             certificate) has been issued, to or from
                                            regulatory evaluation as the anticipated                 [FR Doc. 2015–17286 Filed 7–15–15; 8:45 am]               an airport in the United States unless
                                            impact is so minimal.                                    BILLING CODE 4910–13–P                                    the Secretary of Transportation finds
                                               Since this is a routine matter that only                                                                        that the aircraft complies with [S]tage 3
                                            affects air traffic procedures and air                                                                             noise levels.’’ Stage 3 noise levels are
                                            navigation, it is certified that this rule,              DEPARTMENT OF TRANSPORTATION                              the certificated noise levels as
                                            when promulgated, does not have a                                                                                  established in 14 CFR part 36.
                                            significant economic impact on a                         Federal Aviation Administration                             In 2013, the FAA codified this
                                            substantial number of small entities                                                                               statutory requirement as § 91.881. The
                                            under the criteria of the Regulatory                     14 CFR Part 91                                            prohibition applies to all civil
                                            Flexibility Act.                                                                                                   operations in the 48 contiguous United
                                                                                                     Stage 3 Compliance for Jets Weighing
                                                                                                                                                               States regardless of purpose (except for
                                            Environmental Review                                     75,000 Pounds or Less After December
                                                                                                                                                               those airplanes that have an
                                              The FAA has determined that this                       31, 2015
                                                                                                                                                               experimental airworthiness certificate).
                                            action qualifies for categorical exclusion               AGENCY: Federal Aviation                                  The law also provides for operation of
                                            under the National Environmental                         Administration (FAA), DOT.                                otherwise prohibited airplanes after that
                                            Policy Act in accordance with FAA                        ACTION: Notice reminding operators of                     date under certain circumstances. The
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                                            Order 1050.1E, ‘‘Environmental                           noise compliance deadline.                                authorized purposes were codified in
                                            Impacts: Policies and Procedures,’’                                                                                § 91.883, which includes the procedure
                                            paragraph 311a. This airspace action is                  SUMMARY:    The Federal Aviation                          for applying for a special flight
                                            not expected to cause any potentially                    Administration is reminding operators                     authorization from the FAA.
                                            significant environmental impacts, and                   of jet airplanes weighing 75,000 pounds                     Operators of airplanes that do not
                                            no extraordinary circumstances exist                     or less that after December 31, 2015,                     comply with Stage 3 noise levels may


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                                            42022              Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations

                                            choose to replace them, or to                            Avenue SE., West Bldg., Ground Floor,                 amendment also identifies the airport
                                            incorporate noise-reduction                              Washington, DC 20590–0001;                            and its location, the procedure and the
                                            technologies that may be available to                      2. The FAA Air Traffic Organization                 amendment number.
                                            make the airplanes Stage 3 noise                         Service Area in which the affected
                                                                                                                                                           Availability and Summary of Material
                                            compliant. Operators that continue to                    airport is located;
                                                                                                                                                           Incorporated by Reference
                                            fly non-compliant airplanes after                          3. The office of Aeronautical
                                            December 31, 2015, will be subject to                    Navigation Products, 6500 South                         The material incorporated by
                                            applicable civil penalties.                              MacArthur Blvd., Oklahoma City, OK                    reference is publicly available as listed
                                                                                                     73169 or,                                             in the ADDRESSES section.
                                              Issued in Washington, DC, on July 10,
                                                                                                       4. The National Archives and Records                  The material incorporated by
                                            2015.
                                                                                                     Administration (NARA). For                            reference describes SIAPs, Takeoff
                                            Lourdes Maurice,
                                                                                                     information on the availability of this               Minimums and ODPs as identified in
                                            Director, Office of Environment and Energy.                                                                    the amendatory language for part 97 of
                                                                                                     material at NARA, call 202–741–6030,
                                            [FR Doc. 2015–17382 Filed 7–15–15; 8:45 am]                                                                    this final rule.
                                                                                                     or go to: http://www.archives.gov/
                                            BILLING CODE 4910–13–P
                                                                                                     federal_register/code_of_federal_                     The Rule
                                                                                                     regulations/ibr_locations.html.
                                                                                                                                                              This amendment to 14 CFR part 97 is
                                            DEPARTMENT OF TRANSPORTATION                             Availability                                          effective upon publication of each
                                                                                                        All SIAPs and Takeoff Minimums and                 separate SIAP and Takeoff Minimums
                                            Federal Aviation Administration                                                                                and ODP as amended in the transmittal.
                                                                                                     ODPs are available online free of charge.
                                                                                                     Visit the National Flight Data Center                 For safety and timeliness of change
                                            14 CFR Part 97                                                                                                 considerations, this amendment
                                                                                                     online at nfdc.faa.gov to register.
                                                                                                     Additionally, individual SIAP and                     incorporates only specific changes
                                            [Docket No. 31025; Amdt. No. 3650]                                                                             contained for each SIAP and Takeoff
                                                                                                     Takeoff Minimums and ODP copies may
                                                                                                     be obtained from the FAA Air Traffic                  Minimums and ODP as modified by
                                            Standard Instrument Approach                                                                                   FDC permanent NOTAMs.
                                            Procedures, and Takeoff Minimums                         Organization Service Area in which the
                                                                                                     affected airport is located.                             The SIAPs and Takeoff Minimums
                                            and Obstacle Departure Procedures;                                                                             and ODPs, as modified by FDC
                                            Miscellaneous Amendments                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                           permanent NOTAM, and contained in
                                                                                                     Richard A. Dunham III, Flight Procedure               this amendment are based on the
                                            AGENCY:  Federal Aviation                                Standards Branch (AFS–420) Flight
                                            Administration (FAA), DOT.                                                                                     criteria contained in the U.S. Standard
                                                                                                     Technologies and Procedures Division,                 for Terminal Instrument Procedures
                                            ACTION: Final rule.                                      Flight Standards Service, Federal                     (TERPS). In developing these changes to
                                                                                                     Aviation Administration, Mike                         SIAPs and Takeoff Minimums and
                                            SUMMARY:    This rule amends, suspends,                  Monroney Aeronautical Center, 6500
                                            or removes Standard Instrument                                                                                 ODPs, the TERPS criteria were applied
                                                                                                     South MacArthur Blvd., Oklahoma City,                 only to specific conditions existing at
                                            Approach Procedures (SIAPs) and                          OK 73169 (Mail Address: P.O. Box
                                            associated Takeoff Minimums and                                                                                the affected airports. All SIAP
                                                                                                     25082 Oklahoma City, OK 73125)                        amendments in this rule have been
                                            Obstacle Departure Procedures for                        telephone: (405) 954–4164.
                                            operations at certain airports. These                                                                          previously issued by the FAA in a FDC
                                                                                                     SUPPLEMENTARY INFORMATION:                            NOTAM as an emergency action of
                                            regulatory actions are needed because of
                                                                                                        This rule amends Title 14, Code of                 immediate flight safety relating directly
                                            the adoption of new or revised criteria,
                                                                                                     Federal Regulations, Part 97 (14 CFR                  to published aeronautical charts.
                                            or because of changes occurring in the
                                                                                                     part 97) by amending the referenced                      The circumstances that created the
                                            National Airspace System, such as the
                                                                                                     SIAPs. The complete regulatory                        need for these SIAP and Takeoff
                                            commissioning of new navigational
                                                                                                     description of each SIAP is listed on the             Minimums and ODP amendments
                                            facilities, adding new obstacles, or
                                                                                                     appropriate FAA Form 8260, as                         require making them effective in less
                                            changing air traffic requirements. These
                                                                                                     modified by the National Flight Data                  than 30 days.
                                            changes are designed to provide for the
                                                                                                     Center (NFDC)/Permanent Notice to                        Because of the close and immediate
                                            safe and efficient use of the navigable
                                                                                                     Airmen (P–NOTAM), and is                              relationship between these SIAPs,
                                            airspace and to promote safe flight
                                                                                                     incorporated by reference under 5                     Takeoff Minimums and ODPs, and
                                            operations under instrument flight rules
                                                                                                     U.S.C. 552(a), 1 CFR part 51, and 14                  safety in air commerce, I find that notice
                                            at the affected airports.
                                                                                                     CFR 97.20. The large number of SIAPs,                 and public procedure under 5 U.S.C.
                                            DATES: This rule is effective July 16,                   their complex nature, and the need for                553(b) are impracticable and contrary to
                                            2015. The compliance date for each                       a special format make their verbatim                  the public interest and, where
                                            SIAP, associated Takeoff Minimums,                       publication in the Federal Register                   applicable, under 5 U.S.C. 553(d), good
                                            and ODP is specified in the amendatory                   expensive and impractical. Further,                   cause exists for making these SIAPs
                                            provisions.                                              airmen do not use the regulatory text of              effective in less than 30 days.
                                               The incorporation by reference of                     the SIAPs, but refer to their graphic                    The FAA has determined that this
                                            certain publications listed in the                       depiction on charts printed by                        regulation only involves an established
                                            regulations is approved by the Director                  publishers of aeronautical materials.                 body of technical regulations for which
                                            of the Federal Register as of July 16,                   Thus, the advantages of incorporation                 frequent and routine amendments are
                                            2015.                                                    by reference are realized and                         necessary to keep them operationally
                                            ADDRESSES:  Availability of matter                       publication of the complete description               current. It, therefore—(1) is not a
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                                            incorporated by reference in the                         of each SIAP contained on FAA form                    ‘‘significant regulatory action’’ under
                                            amendment is as follows:                                 documents is unnecessary.                             Executive Order 12866; (2) is not a
                                                                                                        This amendment provides the affected               ‘‘significant rule’’ under DOT regulatory
                                            For Examination                                          CFR sections, and specifies the SIAPs                 Policies and Procedures (44 FR 11034;
                                              1. U.S. Department of Transportation,                  and Takeoff Minimums and ODPs with                    February 26, 1979); and (3) does not
                                            Docket Ops–M30, 1200 New Jersey                          their applicable effective dates. This                warrant preparation of a regulatory


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Document Created: 2015-12-15 13:13:16
Document Modified: 2015-12-15 13:13:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice reminding operators of noise compliance deadline.
DatesCompliance is due after December 31, 2015.
ContactQuestions regarding this restriction and its applicability may be directed to Rebecca Cointin AEE-100, Office of Environment and Energy, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 4770; email: [email protected] For legal questions, contact Karen Petronis, AGC-220, Regulations Division, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-3073; email [email protected]
FR Citation80 FR 42021 

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