Stage 2 Airplane Operations

Part V

Department of Transportation

_______________________________________________________________________

Federal Aviation Administration

_______________________________________________________________________

14 CFR Part 91

Stage 2 Airplane Operations; Proposed Rule

Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 28213; Notice No. 95-6]

RIN 2120-AE83

Stage 2 Airplane Operations

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes revisions to the airplane operating

rules to provide reporting requirements for operators of Stage 2

airplanes in Hawaii. These revisions would require any U.S. operator or

foreign air carrier that operates Stage 2 airplanes in Hawaii to

include certain information in its annual progress reports to the

Federal Aviation Administration (FAA). This action also proposes a

change to clarify that certain operations of aircraft (otherwise

restricted from operation in the contiguous United States) are allowed,

and proposes a change to correct an oversight made when the regulations

were adopted. These revisions are intended to implement the amendments

to the Airport Noise and Capacity Act of 1990 and clarify existing

regulations and FAA policy.

DATES: Comments must be submitted on or before August 9, 1995.

ADDRESSES: Comments on this notice should be mailed, in triplicate, to:

Federal Aviation Administration, Office of the Chief Counsel,

Attention: Rules Docket (AGC-10), Docket No. 28213, 800 Independence

Avenue, SW., Washington, DC 20591. Comments delivered must be marked

Docket No. 28213. Comments may be examined in Room 915G weekdays

between 8:30 a.m. and 5 p.m., except on Federal holidays.

ADDRESSES: Comments on this notice should be mailed, in triplicate, to:

Federal Aviation Administration, Office of the Chief Counsel,

Attention: Rules Docket (AGC-10), Docket No. 28213, 800 Independence

Avenue, SW., Washington, DC 20591. Comments delivered must be marked

Docket No. 28213. Comments may be examined in Room 915G weekdays

between 8:30 a.m. and 5 p.m., except on Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. Alan V. Trickey, Policy and Regulatory Division (AEE-300), Office

of Environment and Energy, Federal Aviation Administration, 800

Independence Avenue, SW., Washington, DC 20591, telephone (202) 267-

3496.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in the making of the

proposed rule by submitting such written data, views, or arguments as

they may desire. Comments relating to the environmental, energy,

federalism, or economic impact that might result from adopting the

proposals in this notice are also invited. Substantive comments should

be accompanied by cost estimates. Comments should identify the

regulatory docket or notice number and should be submitted in

triplicate to the Rules Docket address specified above. All comments

received on or before the specified closing date for comments will be

considered by the Administrator before taking action on this proposed

rulemaking. The proposals contained in this notice may be changed in

light of comments received. All comments received will be available,

both before and after the closing date for comments, in the Rules

Docket for examination by interested persons. A report summarizing each

FAA-public contact concerned with the substance of this rulemaking will

be filed in the docket. Commenters wishing the FAA to acknowledge

receipt of their comments submitted in response to this notice must

include a self-addressed, stamped postcard on which the following

statement is made: ``Comments to Docket No

e Rules

Docket for examination by interested persons. A report summarizing each

FAA-public contact concerned with the substance of this rulemaking will

be filed in the docket. Commenters wishing the FAA to acknowledge

receipt of their comments submitted in response to this notice must

include a self-addressed, stamped postcard on which the following

statement is made: ``Comments to Docket No. 28213.'' When the comment

is received by the FAA, the postcard will be dated, time-stamped, and

returned to the commenter.

Availability of NPRM's

Any person may obtain a copy of this notice of proposed rulemaking

(NPRM) by submitting a request to the Federal Aviation Administration,

Office of Public Affairs, Attention: Public Inquiry Center, APA-230,

800 Independence Avenue, SW., Washington, DC 20591, or by calling (202)

267-3484. Communications must identify the notice number of this NPRM.

Persons interested in being placed on the mailing list for future

NPRM's should request from the above office a copy of Advisory Circular

No. 11-2A, Notice of Proposed Rulemaking Distribution System, which

describes the application procedure.

Background

The Airport Noise and Capacity Act of 1990 (49 U.S.C. app. 2151 et

seq.) (ANCA) placed a ban on the operation of Stage 2 airplanes with a

maximum weight of more than 75,000 pounds in the contiguous United

States after December 31, 1999. To achieve an organized transition to

this goal, the FAA was charged with establishing a schedule of phased

compliance with that requirement. On September 25, 1991, the FAA

amended Subpart I of 14 CFR part 91 (part 91) to add new

Secs. 91.801(c) and 91.851 through 91.875 that implemented the Stage 2

nonaddition rules of the ANCA and adopted various transition criteria

(56 FR 26433). The regulatory scheme established in 1991 requires all

operators of Stage 2 airplanes (including foreign air carriers and

operators) to establish a starting base level of Stage 2 airplanes from

which they will accomplish the required reduction

. 91.801(c) and 91.851 through 91.875 that implemented the Stage 2

nonaddition rules of the ANCA and adopted various transition criteria

(56 FR 26433). The regulatory scheme established in 1991 requires all

operators of Stage 2 airplanes (including foreign air carriers and

operators) to establish a starting base level of Stage 2 airplanes from

which they will accomplish the required reduction. The regulations give

operators a choice of how they will achieve this reduction, and require

that each operator report its actions toward compliance on a yearly

basis.

Neither the ANCA nor the implementing regulations affected the

importation or operation of Stage 2 airplanes in the States of Alaska

and Hawaii. On October 21, 1991, Congress amended Section 2157 of the

ANCA to add a new subsection (i) that placed limits on the operation of

Stage 2 airplanes in Hawaii. The amendment sought to prevent the

proliferation of Stage 2 airplane noise in Hawaii by limiting the

number of Stage 2 operations allowed between Hawaii and points outside

the contiguous United States, and by restricting ``turnaround'' service

within the State of Hawaii with Stage 2 airplanes. In effect, this

amendment creates a kind of nonaddition rule for the State of Hawaii,

although it differs significantly from the nonaddition rule that

applies to Stage 2 airplanes eligible to operate in the contiguous

United States.

Synopsis of the Proposal

Stage 2 Operations in Hawaii

nited States, and by restricting ``turnaround'' service

within the State of Hawaii with Stage 2 airplanes. In effect, this

amendment creates a kind of nonaddition rule for the State of Hawaii,

although it differs significantly from the nonaddition rule that

applies to Stage 2 airplanes eligible to operate in the contiguous

United States.

Synopsis of the Proposal

Stage 2 Operations in Hawaii

Since the ANCA was amended after the transition regulations were

promulgated, the requirements of Sec. 91.875 do not include the

reporting of the information necessary for the FAA to ensure compliance

with the statutory restrictions added by the 1991 amendment. This

proposed rule would add a new paragraph to Sec. 91.801 and add a new

Sec. 91.877 that would contain the reporting requirements for airplanes

operated within the State of Hawaii or between the State of Hawaii and

points outside the contiguous United States on and since November 5,

1990.

As proposed, each affected operator would need to report the number

of Stage 2 airplanes it operated in either described operation on and

since November 5, 1990, and any changes in the number since that time.

This proposed reporting requirement is needed to ensure compliance with

the 1991 amendment to ANCA. The specificity of the amendment and the

limited nature of its provisions require more detailed reporting by

certain operators than is currently required. Moreover, the

applicability of current Sec. 91.875 does not include some of the

operators from which the FAA needs the information

described.

Other Stage 2 Operations

rement is needed to ensure compliance with

the 1991 amendment to ANCA. The specificity of the amendment and the

limited nature of its provisions require more detailed reporting by

certain operators than is currently required. Moreover, the

applicability of current Sec. 91.875 does not include some of the

operators from which the FAA needs the information

described.

Other Stage 2 Operations

As currently written, Sec. 91.857 applies to Stage 2 airplanes

imported into a noncontiguous state, territory, or possession of the

United States on or after November 5, 1990. That section was

promulgated to provide a means by which airplanes purchased after the

date of the statutory nonaddition rule could be included on the

operations specifications of operators, but restricted from operations

in the contiguous United States. Paragraph (b) of that section allows

for these same airplanes to obtain a special flight authorization to

enter the contiguous United States for maintenance.

Since the regulations were promulgated, the FAA found that the same

restricted operations specification arrangement was the most effective

means for some operators to comply with the phased compliance

regulations. As an example, an operator that operates exclusively in

Alaska is, by law, subject to the phased compliance regulations because

it is a U.S. operator and could operate into the contiguous United

States. However, because the phased transition rules do not apply to

operations wholly within the State of Alaska, there is no reason to

force such an operator to phase out any of its Stage 2 airplanes.

Accordingly, such an operator may comply with the phased transition

regulation by restricting the operation of certain airplanes to points

outside the contiguous United States only. An airplane restricted in

this manner would have a status similar to that of a Stage 2 airplane

purchased after the date of the nonaddition rule, in that it would be

eligible for operation only outside the contiguous United States

an operator may comply with the phased transition

regulation by restricting the operation of certain airplanes to points

outside the contiguous United States only. An airplane restricted in

this manner would have a status similar to that of a Stage 2 airplane

purchased after the date of the nonaddition rule, in that it would be

eligible for operation only outside the contiguous United States. The

same operational restriction could easily cover both situations.

Accordingly, the FAA is proposing a change to the introductory text

of Sec. 91.857 that would remove the reference to ``imported''

airplanes; the proposed revision would include a reference only to

Stage 2 airplanes ``operating between points outside the contiguous

United States.'' This language is intended to include both ``imported''

Stage 2 airplanes covered by the nonaddition rule, and Stage 2

airplanes removed from operation in the contiguous United States as a

means of complying with the phased transition regulations.

This change is consistent with guidance that the FAA has given

operators since Sec. 91.857 was promulgated in 1991. This change does

not represent a change in policy toward these airplanes, but seeks only

to incorporate current agency practice into the regulations as

experience with the phased transition regulations is gained. This

clarification and the FAA guidance that has been disseminated is fully

compatible with the provisions of ANCA and the phased transition

regulations as originally promulgated.

Correction of New Entrant References

ange in policy toward these airplanes, but seeks only

to incorporate current agency practice into the regulations as

experience with the phased transition regulations is gained. This

clarification and the FAA guidance that has been disseminated is fully

compatible with the provisions of ANCA and the phased transition

regulations as originally promulgated.

Correction of New Entrant References

As part of the required transition to an all Stage 3 fleet, the

Airport Noise and Capacity Act instructed the FAA to consider the

impact of any regulations on a ``new entry into the airline industry.''

In adopting the regulations, the FAA made special provisions for new

entrant air carriers under Sec. 91.867. In that regulation, and in the

definition of new entrant in Sec. 91.851, the FAA inadvertently

included operators operating under 14 CFR parts 125 and 135 (part 125,

part 135). The inclusion of each of these parts was in error. First, by

definition, air carriers operate under 14 CFR parts 121, 129 or 135;

there can be no air carriers certificated under part 125. Second, since

the noise transition regulations affect only jet airplanes over 75,000

pounds, the aircraft size limitations of part 135 mean that there are

no part 135 operators affected by the rules, and thus there can be no

part 135 new entrants.

Accordingly, the FAA is proposing to eliminate the references to

``new entrants'' under parts 125 and 135 since, as explained above,

such status is not possible given the limitations of the statute and

those of parts 125 and 135. This elimination should not be construed as

changing the applicability of the transition rules--all jet airplanes

over 75,000 pounds remain subject to the transition and nonaddition

rules, regardless of the part under which they are operated

nts'' under parts 125 and 135 since, as explained above,

such status is not possible given the limitations of the statute and

those of parts 125 and 135. This elimination should not be construed as

changing the applicability of the transition rules--all jet airplanes

over 75,000 pounds remain subject to the transition and nonaddition

rules, regardless of the part under which they are operated. The FAA

does not anticipate any effect, positive or negative, on any operator

as a result of this change since it is impossible for an operator to be

a ``new entrant air carrier'' subject to the transition rules under

either part 125 or 135.

Airplanes With Nonstandard Certificates

By its terms, the ANCA applies to--and requires the phaseout of--

``any civil subsonic turbojet aircraft with a maximum weight of more

than 75,000 pounds unless such aircraft complies with the Stage 3 noise

levels * * *.'' This definition does not distinguish between airplanes

that operate under standard category airworthiness certificates, and

those that operate under an experimental or other restricted category

certificate. Since the statute did not make the distinction, the

regulations in Sec. 91.801(c) apply to all jet airplanes over 75,000

pounds. Since the regulations were promulgated, the FAA has received

inquiries concerning this applicability, particularly in the case of

the phaseout of experimental airplanes used for research and

development, and special purpose airplanes such as those used in

firefighting. Accordingly, the FAA is seeking comment and information

about the continuing coverage of airplanes that operate under

nonstandard airworthiness certificates but are included in the

applicability section of the phased transition rules. This same

guidance has been given by the FAA since the oversight was brought to

the agency's attention.

Paperwork Reduction Act

as those used in

firefighting. Accordingly, the FAA is seeking comment and information

about the continuing coverage of airplanes that operate under

nonstandard airworthiness certificates but are included in the

applicability section of the phased transition rules. This same

guidance has been given by the FAA since the oversight was brought to

the agency's attention.

Paperwork Reduction Act

Information collection requirements currently contained in part 91

have been approved by the Office of Management and Budget (OMB) under

the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501

et seq.) and have been assigned OMB control number 2120-0553. Revised

reporting and record keeping provisions resulting from this proposal

are being submitted to OMB for approval as an amendment to the existing

OMB approval for part 91.

Economic Summary

Proposed changes to Federal regulations must undergo several

economic analyses. First, Executive Order 12866 directs that each

Federal agency shall propose or adopt a regulation only upon a reasoned

determination that the benefits of the intended regulation justify its

costs. Second, the Regulatory Flexibility Act of 1980 requires agencies

to analyze the economic effect of regulatory changes on small entities.

Third, the Office of Management and Budget directs agencies to assess

the effect of regulatory changes on international trade. In conducting

these analyses, the FAA has preliminarily determined that this rule:

s of the intended regulation justify its

costs. Second, the Regulatory Flexibility Act of 1980 requires agencies

to analyze the economic effect of regulatory changes on small entities.

Third, the Office of Management and Budget directs agencies to assess

the effect of regulatory changes on international trade. In conducting

these analyses, the FAA has preliminarily determined that this rule:

(1) Would generate benefits that justify its costs and is not ``a

significant regulatory action'' as defined in the Executive Order; (2)

is not significant as defined in Department of Transportation's

Regulatory Policies and Procedures; (3) would not have a significant

impact on a substantial number of small entities; and (4) would not

constitute a barrier to international trade. Since the impacts of the

proposed change are relatively minor, this economic summary constitutes

the analysis and no regulatory evaluation will be placed in the docket.

Costs

There are four new provisions of the proposed rule.

1. Stage 2 Operations in Hawaii

The current requirements of the ANCA do not include the reporting

necessary for the FAA to ensure compliance with the statutory

restrictions added by the 1991 amendment. This proposed rule would add

a new paragraph to Sec. 91.801 and add a new Sec. 91.877 that would

contain the reporting requirements for aircraft operated within the

State of Hawaii or between the State of Hawaii and points outside the

contiguous United States on and since November 5, 1990. As proposed,

each affected operator would need to report the number of Stage 2

airplanes it operated in either described operation on or since

November 5, 1990, and any changes in the number since that time. This

proposed reporting requirement is needed to ensure compliance with the

1991 amendment to ANCA.

The FAA estimates that this provision would require for each

carrier no more than two hours per year of a Flight Operations

Manager's time to collect the necessary information

it operated in either described operation on or since

November 5, 1990, and any changes in the number since that time. This

proposed reporting requirement is needed to ensure compliance with the

1991 amendment to ANCA.

The FAA estimates that this provision would require for each

carrier no more than two hours per year of a Flight Operations

Manager's time to collect the necessary information. The FAA further

estimates that there will be a one-time agency cost expended in the

first year of implementation as a result of this proposed rule change.

There are approximately 10 U.S. operators that fly Stage 2 airplanes in

and out of Hawaii that are not presently required to report the needed

information.

The FAA assumes that reporting the information required by this

proposed action would be performed by a Flight Operations Manager at a

loaded hourly wage (which includes benefits) of $26.74. Two hours at

this rate times 10 carriers yields the total annual cost of $535.00 to

affected carriers.

The FAA estimates that it will also take a total of two hours for

the FAA to review and approve the initial information submitted. (Time

spent in review thereafter will be insignificant because it will be

included in regular reviews of reports.) Given a loaded hourly wage

rate (which includes benefits) of $38.87 for a government worker, GS-13

step 5, the FAA estimates that this provision will cost the FAA

$38.87 x 10 x 2=$777 dollars to process this information. The total

annual cost of this provision is, therefore, $1,312.

2. Other Stage 2 Operations

Currently Sec. 91.857 applies to Stage 2 airplanes imported into a

noncontiguous state, territory, or possession of the United States on

or after November 5, 1990. That section was promulgated to provide a

means by which airplanes purchased after the date of the statutory

nonaddition rule could be included on the operations specifications of

operators, but restricted from operations in the contiguous United

States

pplies to Stage 2 airplanes imported into a

noncontiguous state, territory, or possession of the United States on

or after November 5, 1990. That section was promulgated to provide a

means by which airplanes purchased after the date of the statutory

nonaddition rule could be included on the operations specifications of

operators, but restricted from operations in the contiguous United

States. Paragraph (b) of that section allows operators to obtain a

special flight authorization to enter these airplanes into the

contiguous United States for the purpose of maintenance.

Since Sec. 91.857 was promulgated, the FAA found that the same

restricted operations specifications arrangement was the most effective

means for some operators to comply with the phased compliance

regulations. Accordingly, the FAA is proposing a change to the text of

Sec. 91.857 that would remove the reference to ``imported'' airplanes;

the proposed revision would include a reference only to Stage 2

airplanes ``operating between points outside the contiguous United

States.'' This language is intended to include both Stage 2 airplanes

covered by the nonaddition rule and Stage 2 airplanes removed from

operations in the contiguous United States as a means of complying with

the phased transition regulations.

This changes does not represent a change in policy toward these

airplanes, but incorporates current agency practice into the

regulations as experience with the phased transitions regulations is

gained. There is, therefore, no cost associated with this provision.

3. Correction of New Entrant References

As part of the required transition to an all Stage 3 fleet, the

Airport Noise and Capacity Act instructed the FAA to consider the

impact of any regulations on a ``new entry into the airline industry.''

In adopting the regulations, the FAA made special provisions for new

entrant air carriers under Sec. 91.867. In that regulation, and in the

definition of new entrant in Sec

Entrant References

As part of the required transition to an all Stage 3 fleet, the

Airport Noise and Capacity Act instructed the FAA to consider the

impact of any regulations on a ``new entry into the airline industry.''

In adopting the regulations, the FAA made special provisions for new

entrant air carriers under Sec. 91.867. In that regulation, and in the

definition of new entrant in Sec. 91.851, the FAA inadvertently

included operators operating under parts 125 and 135. The inclusion of

each of these parts was in error. As outlined in the synopsis of the

proposal, air carriers operate under parts 121, 129 or 135; there can

be no air carriers certificated under part 125. Also, since the noise

transition regulations affect only jet airplanes over 75,000 pounds,

the airplane size limitations of part 135 mean that there are no part

135 operators affected by the rules, and thus there can be no part 135

new entrants.

The FAA is proposing to eliminate the references to ``new

entrants'' under part 125 and 135 since, as explained above, such

status is not possible given the limitations of the statute and those

of parts 125 and 135. This elimination should not be construed as

changing the applicability of the transition rules. The FAA does not

anticipate any effect on an operator as a result of this change since

an operator cannot be a ``new entrant air carrier'' subject to the

transition rules under either part 125 or 135. There are no costs

associated with this proposed change.

4. Airplanes With Nonstandard Certificates

The current ANCA definition does not distinguish between airplanes

that operate under standard category airworthiness certificates, and

those that operate under an experimental or other restricted category

certificate

air carrier'' subject to the

transition rules under either part 125 or 135. There are no costs

associated with this proposed change.

4. Airplanes With Nonstandard Certificates

The current ANCA definition does not distinguish between airplanes

that operate under standard category airworthiness certificates, and

those that operate under an experimental or other restricted category

certificate. Since the regulations were promulgated, the FAA has

received inquiries concerning this applicability, the FAA has received

inquiries concerning this applicability, particularly in the case of

the phaseout of experimental airplanes used for research and

development, and special purpose airplanes such as those used in

firefighting. The FAA is seeking comment and information about the

continuing coverage of airplanes that operate under nonstandard

airworthiness certificates but are included in the applicability

section of the phased transition rules. This request for information

has no consequential costs associated with it.

Benefits

The ANCA, as amended, when properly implemented, will ensure that

noise levels in Hawaii from Stage 2 airplanes will not exceed 1990

noise levels. This proposed rule would allow the FAA to obtain the

information needed to enforce the ANCA, thereby giving the agency the

ability to ensure implementation of the law, which in turn will ensure

the ultimate benefit of controlled noise levels to be realized.

Environmental Analysis

suing a final rule, the FAA will complete a review of

the environmental impacts associated with rule compliance in accordance

with Department of Transportation ``Policies and Procedures for

Considering Environmental Impacts'' (FAA Order 1050.1D). Comments

relating to any environmental impacts that might result from adopting

this proposed rule are invited.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA; 5 USC 601 et seq.) was

enacted by Congress to ensure that small entities are not unnecessarily

and disproportionately burdened by Government regulations. The RFA

requires agencies to review rules that may have ``a significant

economic impact on a substantial number of small entities.'' Small

entities are independently owned and operated small businesses and

small not-for-profit organizations. According to the FAA's Order on

Regulatory Flexibility Criteria and Guidance, a small operator of

airplanes for hire is one that owns, but does not necessarily operate,

nine or fewer airplanes. The Order also defines a substantial number of

small entities as a number that is not less than 11 and that is more

than one-third of the small entities subject to the rule. The small

entities that will be affected by this rule are the operators of Stage

2 civil subsonic airplanes with maximum weights of more than 75,000

pounds that operate in Hawaii.

The costs of this proposed rule are negligible. For this reason the

FAA concludes that the proposed rule would not significantly affect a

substantial number of small air carrier entities as defined in the

FAA's Regulatory Flexibility Criteria and Guidance.

International Trade Impact Assessment

2 civil subsonic airplanes with maximum weights of more than 75,000

pounds that operate in Hawaii.

The costs of this proposed rule are negligible. For this reason the

FAA concludes that the proposed rule would not significantly affect a

substantial number of small air carrier entities as defined in the

FAA's Regulatory Flexibility Criteria and Guidance.

International Trade Impact Assessment

The proposed rule is expected to have little or no impact on trade

opportunities of U.S. firms conducting business overseas or for foreign

firms conducting business in the United States. The proposed rule would

impose the same requirements on both domestic air carriers operating

under part 121, 125, or 135 of the regulations and foreign air carriers

subject to part 129 of the regulations. The cost of compliance to

foreign air carriers flying into the United States and domestic

operators are similar and negligible. Therefore, it will not cause a

competitive fare disadvantage for U.S. carriers operating overseas or

for foreign carriers operating in the United States.

Federalism Implications

The regulations proposed herein will not have substantial direct

effects on the states, on the relationship between the national

government and the states, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this

proposal would not have sufficient federalism implications to warrant

preparation of a Federalism Assessment.

Conclusion

l direct

effects on the states, on the relationship between the national

government and the states, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this

proposal would not have sufficient federalism implications to warrant

preparation of a Federalism Assessment.

Conclusion

The provisions in these proposed amendments to part 91 would result

in no substantial costs or savings in terms of regulatory evaluation

requirements. They would not result in an annual effect on the economy

of $100 million or more, a major increase in costs to consumers or

others, or other significant adverse effects. In addition, this NPRM

would have little or no impact on trade opportunities for U.S. firms

doing business overseas, or on foreign firms doing business in the

United States. Accordingly, the FAA has determined that, if adopted,

this proposed amendment: (1) Is not a significant regulatory action

under Executive Order 12866; (2) is not a significant regulatory action

under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,

1979); and (3) will not have a significant economic impact on a

substantial number of small entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 91

Aircraft, Noise control, Reporting and recordkeeping requirements.

The Proposed Amendment

Accordingly, the Federal Aviation Administration proposes to amend

14 CFR part 91 as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

1. The authority citation for part 91 continues to read as follows:

Authority: 49 U.S.C. App. 1301(7), 1303, 1344, 1348, 1352

through 1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522,

2121 through 2125, 2157, 2158; Articles 12, 29, 31, and 32(a) of the

Convention on International Civil Aviation (61 Stat. 1180); 42

U.S.C. 4321 et. seq.; E.O. 11514; 49 U.S.C. 106(g).

FLIGHT RULES

1. The authority citation for part 91 continues to read as follows:

Authority: 49 U.S.C. App. 1301(7), 1303, 1344, 1348, 1352

through 1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522,

2121 through 2125, 2157, 2158; Articles 12, 29, 31, and 32(a) of the

Convention on International Civil Aviation (61 Stat. 1180); 42

U.S.C. 4321 et. seq.; E.O. 11514; 49 U.S.C. 106(g).

2. Section 91.801(c) is amended by removing the reference to

``91.875'' and adding the reference ``91.877'' in its place.

3. Section 91.801 is amended by adding a new paragraph (d) to read

as follows:

Sec. 91.801 Applicability: Relation to part 36.

* * * * *

(d) Section 91.877 prescribes reporting requirements that apply to

any civil subsonic turbojet airplane with a maximum weight of more than

75,000 pounds operating within the State of Hawaii, or operating

between the State of Hawaii and any point outside of the 48 contiguous

United States and the District of Columbia, under this part or part

121, 125, 129, or 135 of this chapter on or after November 5, 1990.

4. Section 91.8551 is amended in the definition New entrant by

revising the phrase ``part 121, 125, 129, or 135'' to read ``part 121

or 129''.

5. Section 91.857 is amended by revising the heading and

introductory text to read as follows:

Sec. 91.857 Stage 2 operations outside of the 48 contiguous United

States and authorizations for maintenance.

An operator of a Stage 2 airplane that is operating only between

points outside the contiguous United States on or after November 5,

1990, shall--

* * * * *

6. Section 91.867(a)(1) is amended by revising the phrase ``part

121, 125, or 135'' to read ``part 121''.

7. A new Sec. 91.877 is added to read as follows:

Sec. 91.877 Annual reporting of Hawaiian operations.

rizations for maintenance.

An operator of a Stage 2 airplane that is operating only between

points outside the contiguous United States on or after November 5,

1990, shall--

* * * * *

6. Section 91.867(a)(1) is amended by revising the phrase ``part

121, 125, or 135'' to read ``part 121''.

7. A new Sec. 91.877 is added to read as follows:

Sec. 91.877 Annual reporting of Hawaiian operations.

(a) Each operator subject to Sec. 91.865 or Sec. 91.867 that

conducts operations within the State of Hawaii, or between the State of

Hawaii and a point outside the contiguous United States, on or since

November 5, 1990, shall include in its annual report the information

described in paragraph (c) of this section.

(b) Each operator not subject to Sec. 91.865 or Sec. 91.867 that

conducts operations within the State of Hawaii, or between the State of

Hawaii and a point outside the contiguous United States, on or since

November 5, 1990, shall submit an annual report to the FAA, Office of

Environment and Energy, on its compliance with the

Hawaiian operations provisions of section 2157(i) of the Airport Noise

and Capacity Act of 1990, 49 U.S.C. 47528. Such reports shall be

submitted no later than 45 days after the end of a calendar year. All

progress reports must provide the information through the end of the

calendar year, be certified by the operator as true and complete (under

penalty of 18 U.S.C. 1001), and include the following information--

(1) The name and address of the operator;

(2) The name, title, and telephone number of the person designated

by the operator to be responsible for ensuring the accuracy of the

information in the report; and

(3) The information specified in paragraph (c) of this section.

(c) The following information must be included in reports filed

pursuant to this section--

(1) For operations conducted within the State of Hawaii--

f the operator;

(2) The name, title, and telephone number of the person designated

by the operator to be responsible for ensuring the accuracy of the

information in the report; and

(3) The information specified in paragraph (c) of this section.

(c) The following information must be included in reports filed

pursuant to this section--

(1) For operations conducted within the State of Hawaii--

(i) The number of Stage 2 airplanes used to conduct such operations

on November 5, 1990;

(ii) Any change to that number during the calendar year being

reported, including the date of such change; and

(iii) An air carrier that provided service within the State of

Hawaii (i.e., ``turnaround service'') on November 5, 1990, may include

in the number reported under paragraph (c)(1)(i) of this section all

Stage 2 airplanes with a maximum certificated weight of more than

75,000 pounds that were owned or leased by the air carrier on November

5, 1990, regardless of whether such airplanes were operated by that

carrier on that date.

(2) For operations conducted between the State of Hawaii and a

point outside the contiguous United States--

(i) the number of Stage 2 airplanes used to conduct such operations

on November 5, 1990; and

(ii) Any change to that number during the calendar year being

reported, including the date of such change.

(d) Reports or amended reports for years predating this regulation

are required to be filed by 90 days after publication of the final

rule.

Issued in Washington, DC on May 2, 1995.

James D. Erickson,

Director, Office of Environment and Energy.

[FR Doc. 95-11273 Filed 5-10-95; 8:45 am]

BILLING CODE 4910-13-M