[Federal Register Volume 65, Number 92 (Thursday, May 11, 2000)]
[Notices]
[Pages 30472-30473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11325]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


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 publishing notice of further changes to the Airport 
Noise and Capacity Act that except certain airplanes from the law and 
allow operation of Stage 2 airplanes after December 31, 1999, under 
specified circumstances. This notice is necessitated by Congressional 
action taken in April 2000 to modify the statutory changes adopted in 
November 1999. This notice explains the effect of the changes.

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. [email protected].

SUPPLEMENTARY INFORMATION:  

Background

    The Airport Noise and Capacity Act of 1990 (ANCA) 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 revenues operation of Stage 
2 airplanes by U.S. air carriers.
    On November 29, 1999, the President signed into law certain changes 
to ANCA that affect operators of Stage 2 airplanes. The prohibit on 
revenue operations of Stage 2 airplanes after December 31, 1999, 
remained in effect. The Federal Aviation Administration (FAA) was not 
granted any new authority to allow anyone to operate at Stage 2 
airplane in revenue service after December 31, 1999. The changes to the 
law were summarized in the Federal Register document published December 
17, 1999 (64 FR 70571).
    On April 5, 2000, new authorizing legislation became effective. 
That bill, the Wendell H. Ford Aviation investment and Reform Act for 
the 21st Century, Public Law 10-181 (Apr. 5, 2000; 114 Stat. 61) (AIR 
21) repealed the legislative changes that were adopted in November 1999 
and were described in the Federal Register notice cited above.

[[Page 30473]]

The repealed provisions were re-enacted in AIR 21 with two additions.

New Provisions

Foreign Air Carrier Waivers

    The original language of ANCA did not allow foreign air carriers to 
apply for a waiver from the Stage 2 prohibition in the law. The AIR 21 
amendment expanded the waiver provision, 49 U.S.C. 47528(b), to allow 
foreign air carriers, for a limited time, to apply for a waiver from 
the Stage 3 aircraft requirement of 49 U.S.C. 47528(a). The amendment 
requires that a foreign air carrier seeking a waiver must apply ``not 
later than * * * the 15th day following the date of enactment of [AIR 
21].'' The law was enacted April 5, 2000; foreign air carriers seeking 
a waiver from section 47528(a) must have filed an application for 
waiver no later than April 20, 2000.
    The FAA will consider any waiver request filed by a foreign air 
carrier under the same criteria that were used to evaluate requests 
from domestic air carriers. Those criteria are published at 14 CFR 
91.873, and were summarized in a Federal Register notice published on 
March 2, 1998 (63 FR 10123).

Relationship to Part 161 Actions

    In AIR 21, Congress re-enacted the provisions that direct the 
Secretary of Transportation to permit certain nonrevenue flights to 
Stage 2 airplanes over 75,000 pounds, 49 U.S.C. 47528(f). A new 
paragraph (g), which reads as follows, was added to that section:

    (g) Statutory Construction.--Nothing in this section may be 
construed as interfering with, nullifying, or otherwise affecting 
determinations made by the Federal Aviation Administration, or to be 
made by the Administration with respect to applications under part 
161 of title 14, Code of Federal Regulations, that were pending on 
November 1, 1999.

    Promulgated by the FAA in 1991 pursuant to ANCA, 14 CFR part 161 is 
titled ``Notice and Approval of Airport Noise Access Restrictions,'' 
and provides a procedure under which local airport authorities may 
impose restrictions on Stage 2 and Stage 3 airplanes. On November 1, 
1999, there was one restriction on operation of Stage 2 airplanes that 
had been adopted by a local airport authority but had not yet become 
effective. Prior to November 1, 1999, the FAA had made a determination 
that this local restriction was pre-empted by Federal law. The FAA 
understands new paragraph (g) to mean that this prior determination, 
and any future determination regarding the local restriction, are not 
affected by the new provisions added to section 47528 by AIR 21.
    The FAA has consistently held that the statutory waiver authority 
it was granted in ANCA in 1990 (49 U.S.C. 47528(b)) preempts any 
conflicting restriction adopted by a local airport authority. 
Similarly, the authority that permits nonrevenue Stage 2 flights under 
section 47528(f) also preempts any conflicting local regulations. This 
position is affirmed by the AIR 21 language, in that the authority 
given in section 47528(f) is not discretionary. The law states that 
``the Secretary shall permit'' Stage 2 flights that fall under one of 
the categories listed in the law (emphasis added). The FAA's 
interpretation of the new language in paragraph (g) is consistent with 
the non-discretionary nature of the FAA's authority under section 
47528(f).

Previous Statutory Changes

    As discussed above, the statutory change that allows the FAA to 
grant special flight authorizations for the nonrevenue operation of 
certain Stage 2 airplanes was re-enacted in AIR 21. Accordingly, except 
for the additions noted above, the explanations provided in the FAA's 
December 17, 1999 Federal Register notice remain applicable, and the 
application procedure and form have not been changed.
    The FAA still plans to amend its regulations at 14 CFR part 91, 
subpart I, that are affected by the changes to its statutory authority. 
The reasons for these amendments remain the same as published in 
December 1999.
    The FAA was required under the November 1999 legislation, and again 
by AIR 21, to publish notice of the procedures it will use to implement 
the Stage 2 nonrevenue flight authority. This notice fulfills that 
requirement by informing affected persons that the application 
procedure for a special flight authorization for nonrevenue Stage 2 
flight remains as published in December 1999.
    The special flight authorization application 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 FAA reminds 
operators that requests for special flight authorizations for 
nonrevenue Stage 2 flights should be filed 30 days before the planned 
flight.
    Operators of Stage 2 airplanes that have any questions concerning 
their rights or requirements under AIR 21 language are encouraged to 
contact the FAA as soon as possible.

    Issued in Washington, DC on May 2, 2000.
Paul R. Dykeman,
Deputy Director, Office of Environment and Energy.
[FR Doc. 00-11325 Filed 5-10-00; 8:45 am]
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