Changes in Permissible Stage 2 Airplane Operations

[Federal Register Volume 64, Number 242 (Friday, December 17, 1999)]
[Rules and Regulations]
[Pages 70571-70572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32725]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91


Changes in Permissible Stage 2 Airplane Operations

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of statutory changes.

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SUMMARY: The FAA is notifying operators of Stage 2 airplanes of recent 
changes to the Airport Noise and Capacity Act that except certain 
airplanes from the law and allow other Stage 2 airplanes to operate 
past the statutory deadline for certain operations. This notice 
explains the effect of the law and provides a procedure for operators 
to use to obtain a special flight authorization allowing nonrevenue 
flight of Stage 2 airplanes.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Connor, Manager, Noise 
Division (AEE-100), Office of Environment and Energy, FAA, 800 
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
8933, fax (202) 267-5594, email Thomas.Connor@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    The Airport Noise and Capacity Act (ANCA) of 1990 prohibits the 
operation of civil subsonic turbojet Stage 2 airplanes over 75,000 
pounds in the contiguous United States after December 31, 1999. The 
original version of the law did not distinguish airplanes by type of 
certification or operation. The waiver provisions of the original law 
are very limited, and address only limited revenue operation of Stage 2 
airplanes by U.S. air carriers.
    On November 29, 1999, the President signed into law certain changes 
to ANCA that effect operators of Stage 2 airplanes. The prohibition on 
revenue operations of Stage 2 airplanes after December 31, 1999, 
remains in effect. The FAA was not granted any new authority to allow 
anyone to operate a Stage 2 airplane in revenue service after December 
31, 1999. The changes to the law are summarized as follows:

Conflicting Regulations in 14 CFR Part 91

    The changes described below may appear to conflict with various 
portions of the noise transition regulations currently codified at 14 
CFR 91.801 through 91.877. However, the new provisions state that the 
regulations are to be considered modified where they conflict with any 
new statutory provisions. The FAA is aware that the statutory change is 
not apparent to anyone reading the regulations, and plans to change the 
regulations through appropriate rulemaking within the next year.

Experimental Certificates

    Turbojet airplanes over 75,000 pounds that operate under an 
experimental airworthiness certificate have been excepted from the law. 
The requirement that aircraft over 75,000 pounds meet Stage 3 noise 
levels no longer applies to airplanes with experimental airworthiness 
certificates. These airplanes may continue to be flown after December 
31, 1999, without further action by the operator or by the FAA. The 
prohibition on non-Stage 3 operation continues to apply to all 
airplanes operating under any other type of airworthiness certificate.

Hawaiian Operators

    Certain operators of Stage 2 airplanes in Hawaii are now allowed to 
bring their Stage 2 airplanes to the contiguous United States for 
maintenance or major alterations. This change to the statute permits 
these flights without further action by the operators or by the FAA.

Nonrevenue Stage 2 Operations

    The revised law now permits a range of nonrevenue Stage 2 
operations to occur after December 31, 1999. Any operator of a Stage 2 
airplane over 75,000 pounds may operate that airplane in the contiguous 
United States for the following purposes:
    •  Sell, lease or scrap the airplane
    •  Obtain modifications to meet Stage 3 noise levels
    •  Obtain scheduled heavy maintenance or significant 
modifications
    •  Deliver the airplane to a lessee or return it to a lessor
    •  Park or store the airplane
    •  Prepare the airplane for any of these events
    With regard to these listed uses, operators are advised to note the 
following:
    (1) Nonrevenue flight is a shorthand term. Whether you are a 
commercial or noncommercial operator, Stage 2 operations are restricted 
to the purposes listed above only. No ``dual purposes'' are allowed. 
For example, you may not operate a Stage 2 airplane for one of the 
listed purposes and also transport a company official or company goods, 
or accomplish any action in furtherance of company business. Nonrevenue 
service means that the flight does not generate any revenue for 
carrying passengers or cargo.
    (2) Operators moving a Stage 2 airplane to location where Stage 3 
modifications may be obtained must provide a copy of the modification 
contract to the FAA with the application for a special flight 
authorization. For the other purposes, documentation of the activity 
may be required depending on the circumstances presented.
    (3) ``Scheduled heavy maintenance'' means a ``C'' or ``D'' check. 
The FAA interprets the statutory language to mean that operators of 
Stage 2 airplanes may not request a special flight authorization to 
accomplish routine

[[Page 70572]]

light maintenance actions in the United States.
    (4) Similarly, ``significantly modifications'' is interpreted as 
those that require specialized knowledge or equipment not readily 
available elsewhere, or is not practicable to obtain outside the United 
States. All requests claiming significant modifications will be 
reviewed individually.
    (5) No Stage 1 operations of covered airplanes are permitted for 
any reason.

Special Flight Authorizations

    The FAA is implementing the provisions of the law that allow 
nonrevenue flights by issuing special flight authorizations. An 
operators of a Stage 2 airplane that wishers to operate in the 
contiguous United States for any of the purposes listed in the revised 
statute (and above) may apply to the FAA's Office of Environment and 
Energy (AEE) for a special flight authorization. The applicant must 
file in advance. Applications are due 30 days in advance of the planned 
flight and must provide the information necessary for the FAA to 
determine that the planned flight is within the limits prescribed in 
the law.
    Any Stage 2 airplane (not otherwise excepted from the law) that 
operates for any reason after December 31, 1999, without a special 
flight authorization will be considered in violation of the law. The 
operator may be subject to civil penalties (including a fine of up to 
$11,000 per flight) or other remedial actions, including cease and 
desist orders. Once granted, the special flight authorization must be 
carried on board the airplane during the authorized flight. Similar to 
other special flight authorization, only flight crew members are 
permitted on board the airplane during the flight. Further, the special 
flight authorizations issued by AEE are for noise only. They are not 
substitutes for any other authorization or ferry permit that may be 
required for airworthiness or other reasons, such as those granted 
under 14 CFR Sec. 21.199 or Sec. 43.3.
    To simplify the application process, the FAA has developed a form 
that lists the information that the applicant must supply. Use of this 
form is not mandatory; it is intended to simplify the process. The form 
does contain important reminders about the use of special flight 
authorizations. In some cases, more information than is requested on 
the form may be necessary for the FAA to determine whether a special 
flight authorization can be issued.
    The form has received OMB approval for information collection and 
can be obtained on the FAA's web site 
(http://www.aee.faa.gov/sfa/), or by fax or mail by contacting the 
Office of Environment and Energy at the number listed in the For 
Further Information Contact section above. The form is also reproduced 
below.
    Given the short notice of these changes and procedures necessitated 
by the recent passage of the legislation, the FAA will make every 
attempt to satisfy the needs of affected operators of Stage 2 airplanes 
in a timely manner. Operators of Stage 2 airplanes that have any 
questions concerning their rights or requirement under the new 
statutory language are encouraged to contact the FAA as soon as 
possible.

Request for Special Flight Authorization Stage 2 Airplane Over 
75,000 Pounds

1. Applying Operator:
    (a) Operator's Name:
    (b) Address:
    (c) City:
    (d) State and zip code:
    (e) Country:
    (f) Contact Name:
    (g) Contact Phone Number:
    (h) Contact Fax Number:
    (i) Contact E-mail Address:
2. Airplane:
    (a) Airplane Make, Model, and Series:
    (b) Registration Number (including country of registration):
    (c) Serial Number:
    (d) Current Noise Certification (check one):
        Stage 1    Stage 2

3. Purpose (check one and fill in appropriate fields):
    --(a) Sell, lease or use the airplane outside the contiguous 48 
States;
    --(b) Scrap the airplane;
    --(c) Obtain modifications to the airplane to meet Stage 3 noise 
levels (copy of modification contract required with this application);
    --(d) Perform scheduled heavy maintenance or significant 
modifications on the airplane at a maintenance facility in the 
contiguous 48 States. Maintenance (check all applicable):
    --`C' Check
    --`D' Check
    --Other significant modifications (describe):
    --(e) Deliver the airplane to a lessee (include name and address of 
both parties below);
    --(f) Return the airplane to the lessor (include name and address 
of both parties below);
    --(g) Prepare or park or store the airplane in anticipation of any 
of the activities described in (a) through (e) (include name and 
location of storage or maintenance facility):

    Company's Name:
    Company's Location:

4. Flights:
    (a) Dates (approximate start and end dates);
    (b) Describe each flight (origin and destination). Designate if 
fuel stop only.
    Flight 1:
    Flight 2:
    * * *
    Flight __:
5. Other information:

    Note: This form is an application for a special flight 
authorization only. It may not be used to fly an airplane. It must 
be submitted to the FAA, which will issue a special flight 
authorization based on the information submitted.

    When issued, the Special Flight Authorization must be carried on 
board the airplane during the authorized flight. Persons on board are 
limited to flightcrew only. A Special Flight Authorization issued 
pursuant to this application is for noise only, and may not be used as 
a substitute for other ferry permit or authorization that may be 
required for airworthiness or other purposes, such as 14 CFR 
Sec. 21.199 or Sec. 43.3.

    Paperwork Reduction Act Statement: The information collected on 
this form is required by PL 106-113. The FAA will use the 
information to issue special flight authorizations for nonrevenue 
operations of Stage 2 airplanes at U.S. airports. The annual burden 
is estimated to be 25 hours based on 100 requests at 15 minutes per 
request. The submission of information is voluntary. If proprietary 
information is submitted, it will be protected in accordance with 
appropriate laws. An agency may not conduct or sponsor, and a person 
is not required to respond to, a collection of information unless it 
displays a currently valid OMB control number. The OMB control 
number for this collection is 2120-0652.

(FAA Changes is Permissible Stage 2 Airplane Operations)

    Issued in Washington, DC on December 13, 1999.
Paul R. Dykeman,
Deputy Director, Office of Environment and Energy.
[FR Doc. 99-32725 Filed 12-14-99; 3:08 pm]
BILLING CODE 4910-13-M