[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39576-39583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15843]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2013-0503; Amdt. No. 91-328]
RIN 2120-AK25
Adoption of Statutory Prohibition on the Operation of Jets
Weighing 75,000 Pounds or Less That Are Not Stage 3 Noise Compliant
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rulemaking amends the airplane operating regulations to
include certain provisions of the FAA Modernization and Reform Act of
2012 that affect jet airplanes with a maximum weight of 75,000 pounds
or less operating in the United States. The law provides that after
December 31, 2015, such airplanes will not be allowed to operate in the
contiguous United States unless they meet Stage 3 noise levels. This
final rule incorporates that prohibition and describes the
circumstances under which an otherwise prohibited airplane may be
operated.
DATES: This rule becomes effective September 3, 2013. Send comments on
or before August 1, 2013.
Compliance with the prohibition in Sec. 91.801(e) is required
after December 31, 2015.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Sandy Liu, AEE-100, Office of Environment and
Energy, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone: (202) 493-4864; facsimile (202) 267-
5594; email: [email protected].
[[Page 39577]]
For legal questions concerning this action, contact Karen Petronis,
AGC-200, Office of the Chief Counsel, International Law, Legislation,
and Regulations Division, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
3073; email: [email protected].
SUPPLEMENTARY INFORMATION:
Good Cause for Immediate Adoption
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
USC 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency for ``good cause'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking.
In February 2012, in section 506 of the FAA Modernization and
Reform Act of 2012 (``the Act''), Congress prohibited the operation of
jet airplanes weighing 75,000 pounds or less in the contiguous United
States after December 31, 2015, unless the airplanes meet Stage 3 noise
levels. The Act also describes certain circumstances under which
otherwise prohibited operations will be allowed. These provisions have
been codified at 49 U.S.C. 47534.
This final rule codifies the statutory prohibition and relieving
circumstances into the regulations in 14 CFR. The FAA has no discretion
to change any provision of the statute, and it is being codified into
the regulations as adopted. The statute also directs the Secretary of
Transportation to prescribe the regulations necessary to implement the
statutory provisions.
Accordingly, the FAA finds that further public comment on the
codification of these provisions is unnecessary.
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44715, Controlling aircraft
noise and sonic boom. Under that section, the FAA is charged with
prescribing regulations to measure and abate aircraft noise. This
rulemaking is also promulgated under the authority of Section 47534,
prohibition on operating certain aircraft weighing 75,000 pounds or
less and not complying with Stage 3 noises levels. That authority
directs the agency to prescribe regulations necessary to implement the
requirements of Section 506 of the Act. This regulation is within the
scope of that authority.
I. Overview of This Final Rule
This final rule adopts into the operating rules certain
prohibitions from Section 506 of the Act, codified at 49 USC 47534.
That statute prohibits, after December 31, 2015, the operation in the
contiguous United States of jet airplanes weighing 75,000 pounds or
less that do not meet Stage 3 noise levels as defined in 14 CFR Part
36. This prohibition will decrease airplane noise in the contiguous
United States. Operators of these airplanes that do not comply with
Stage 3 noise levels may choose to replace them, or to incorporate
noise-reduction technologies that may be available to make the
airplanes Stage 3 noise compliant.
II. History of Noise Operating Rules in the United States
In December 1976, the FAA adopted its first noise operating rules
in the United States as Subpart E to Part 91 of Title 14 of the Code of
Federal Regulations (14 CFR). That subpart was recodified in August
1989 as Subpart I--Operating Noise Limits. The first regulations
prohibited the operation of Stage 1 airplanes by U.S. operators in the
United States after December 31, 1984 (41 FR 56046, December 23, 1976).
In November 1980, the regulations were amended to include operations
conducted by foreign operators in the United States (45 FR 79302,
November 28, 1980).
By the late 1980s, more than 400 U.S. airports had adopted some
type of airport access restriction or other action in an effort to
reduce local noise in their communities. To eliminate this growing
patchwork of restrictions, on November 5, 1990, Congress established a
national noise policy in the adoption of the Airport Noise and Capacity
Act of 1990 (ANCA). The law required the phase-out of Stage 2 airplanes
weighing over 75,000 pounds operating in the contiguous United States.
The phase-out was completed on December 31, 1999, leaving only Stage 3
large jets operating in the contiguous United States.
III. Recent Statutory Changes
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 the Act. Section 506 of
the Act 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.''
The law is applicable to operations in the 48 contiguous United States.
The law also provides for operation of otherwise prohibited airplanes
after that date under certain circumstances.
This final rule codifies into the regulations of 14 CFR part 91 the
operating prohibition of Sec. 47534 (a), and the circumstances for
which otherwise prohibited operations may be conducted as listed in
Sec. 47534 (c). The circumstances are similar to those that were
allowed under the 1990 statute that were codified in 14 CFR 91.858.
This prohibition is being codified into the operating rules as
Sec. 91.881. Because Congress included operational circumstances in
the Act that were not included in ANCA, we are codifying them
separately as Sec. 91.883 to prevent confusion with the circumstances
applicable to larger jet airplanes.
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Orders 12866 and 13563 direct 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 (Pub. L. 96-354)
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more
[[Page 39578]]
annually (adjusted for inflation with base year of 1995). This portion
of the preamble summarizes the FAA's analysis of the economic impacts
of this final rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination is as follows:
This rule implements those provisions of the Act that prohibit the
operation of civil jet airplanes weighing 75,000 pounds or less in the
48 contiguous United States after December 31, 2015, unless they comply
with Stage 3 noise levels. This part of the Act completes the
elimination of Stage 2 jet airplane noise that was begun in 1990 with
the Airport Noise and Capacity Act of 1990 (ANCA), which phased out
civil jet airplanes weighing over 75,000 pounds from operating at Stage
2 noise levels, by the end of 1999. As Congress mandated this phase-
out, the benefits of the phase-out are presumed to exceed the costs.
The Act affects 457 registered owners of 599 \1\ airplanes that
range between 25 to 50 years in age. Four hundred and three of the
registered owners (88 percent) have only one airplane affected by the
ban; 51 of the owners have 2 to 10 affected airplanes; and three owners
(all nonscheduled airlines) have a combined total of 51 airplanes
affected by the ban.
---------------------------------------------------------------------------
\1\ OAG Aviation Solutions Fleet Database as of November 14,
2012, was used to identify the individual airplanes affected by the
ban.
Operator Categories for Civil Stage 2 Jet Airplanes Weighing 75,000
Pounds or Less
------------------------------------------------------------------------
Number of Number of
Operator category owners airplanes
------------------------------------------------------------------------
Corporation (Non-Airline)............... 349 413
Nonscheduled Airline.................... 55 128
Leasing Company/Broker/Parts Dealer/Etc. 31 35
Private Individual...................... 16 17
Financial Institution................... 6 6
-------------------------------
Grand Total......................... 457 599
------------------------------------------------------------------------
Some models of the banned airplanes can be upgraded to Stage 3
noise levels with the installation of a hushkit. A hushkit is a device
used for reducing engine noise. Of the 17 models of airplanes affected
by this ban, hushkits had previously been available for six models: the
Dassault Falcon 20; the Learjet 23, 24, and 25; and the Gulfstream II
and III. An unknown number of these airplanes may have already
installed a hushkit.
Currently, the only hushkits available for Stage 2 civil jet
airplanes weighing 75,000 pounds or less are for the Gulfstream II and
Gulfstream III. There are two companies that perform the Gulfstream
engine modifications required to meet Stage 3 noise levels, and each
has provided cost estimates to the FAA for this service. The estimates
range from $0.85 million to $1.50 million. There are 217 Gulfstream IIs
and IIIs that can potentially be hushkitted; however, the cost of the
hushkkit for the Gulfstream II exceeds the recorded value of the
airplanes.
The hushkit for the Falcon 20 is no longer manufactured and the
Supplemental Type Certificate (STC) for the Learjet engine modification
was returned to the FAA. There is no indication that hushkits will be
manufactured for these airplanes. Thus, of the 599 airplanes affected
by the ban, 382 cannot be made Stage 3 compliant.
Owners of civil Stage 2 airplanes that cannot be made Stage 3
compliant will have three alternatives for complying with the mandate:
(1) Sell the airplanes for operation outside of the 48 contiguous
United States, (2) salvage the airplanes for parts, or (3) scrap the
airplanes. The actions of the owners will result in an indeterminate
mix of these choices. The FAA uses the retail price of the aircraft as
a proxy for its economic value. The true economic cost of the mandate
is the pre-law retail price minus the post-law retail price. For the
reasons discussed below, the best estimate of the economic cost is the
value of the fleet before the mandate minus a couple of special
considerations.
The following table provides an estimate of the monetary impact to
owners based on the action they may choose to comply with the ban. The
table includes the pre-law retail price of selling, scrapping, or
hushkitting an airplane by equipment type. Information on airplane
salvage value is not available to be included, and with the engines
being the most valuable part of these airplanes, the engine value is
expected to equal the airplane's scrap value.
Pre-Law Airplane Retail Value and Cost of Hushkit Installation
[Per airplane]
----------------------------------------------------------------------------------------------------------------
Average retail value* Average
-------------------------------- Average scrap hushkit
Equipment Number of A/C value ** installation
Low High cost ***
----------------------------------------------------------------------------------------------------------------
Dassault Falcon 20C/CF/D/DF/DC/ 69 $200,000 $850,000 $2,118 N/A
ECM/E/F........................
Gulfstream II (G-1159/B/TT/SP).. 109 250,000 1,050,000 8,075 1,162,500
Gulfstream III (G-1159A)........ 108 1,000,000 2,200,000 8,075 1,162,500
Hawker Siddeley HS.125-1/2/3.... 8 167,000 200,000 2,440 N/A
[[Page 39579]]
Hawker Siddeley HS.125-400...... 7 167,000 200,000 2,440 N/A
Hawker Siddeley HS.125-600...... 12 400,000 400,000 2,440 N/A
IA1123.......................... 1 400,000 400,000 2,261 N/A
Learjet 23...................... 3 100,000 100,000 1,355 N/A
Learjet 24...................... 78 100,000 280,000 1,355 N/A
Learjet 25...................... 143 150,000 600,000 1,355 N/A
Learjet 28...................... 4 400,000 400,000 1,355 N/A
Lockheed L-1329 Jetstar II...... 13 550,000 800,000 4,845 N/A
Rockwell 1121 Jet Commander..... 3 235,000 235,000 2,128 N/A
Rockwell Sabre 40............... 15 235,000 290,000 2,518 N/A
Rockwell Sabre 50............... 1 235,000 235,000 2,299 N/A
Rockwell Sabre 60............... 24 235,000 330,000 2,299 N/A
Rockwell UTX/T-39 Sabreliner.... 1 235,000 235,000 1,759 N/A
-------------------------------------------------------------------------------
Total....................... 599 $100,000 $2,200,000 $4,797 ..............
----------------------------------------------------------------------------------------------------------------
*Airplane Bluebook Price Digest, Winter 2011. The Airplane Bluebook Price Digest contains the average retail
value, by year, model, and serial number for each airplane affected by the ban. The range in value is
primarily due to age (i.e., the older an airplane the lower its retail value versus a newer model of the same
airplane). Note that this reflects the pre-law airplane value. The post-law values have yet to be determined
but they are expected to be lower than the values shown in the table.
**Average scrap value is based on information provided by two companies that perform this work. It does not
include incidental expenses associated with delivery of the airplane to a scrap yard.
***Average hushkit installation cost is based on four estimates provided by two companies that perform this
work.
The value of these airplanes before this mandate equals their
retail value at that time. To determine the pre-law retail value, the
Airplane Blue Book Price Digest \2\ was used. The ``Digest'' provides
average retail values for airplanes by model, year, and serial number.
It is only a guide since the actual condition and upgrades to
individual airplanes are not known. For the small minority of airplanes
affected by the ban but not listed in the ``Digest,'' a proxy is used
based on an airplane of similar type and year. The average pre-law
retail value equals the sum of the listed retail value for each of the
599 airplanes. This summation equals $355.5 million ($271.2 million in
the year 2016 using 7 percent present value), which is the maximum
economic cost for the mandate.
---------------------------------------------------------------------------
\2\ Winter 2011 Edition.
---------------------------------------------------------------------------
To comply with the mandate and to mitigate economic losses, owners
will most likely attempt to sell their Stage 2 airplanes to operators
outside of the United States. However, such an action will create a
glut in the marketplace. Furthermore, with the Stage 2 ban in effect in
the lower 48 states, this further reduction in operating space reduces
these airplanes' value to potential buyers.
A Limited World-Wide Market
Many countries have already preceded the U.S. in either banning or
legislating limited operations of these airplanes. At least eight
countries already ban Stage 2 operations by airplanes of any size.
These countries include Australia, Austria, Belgium, Hong Kong, Japan,
Macau, Singapore, and Switzerland.\3\ The inability to operate the
Stage 2 airplanes across all borders will reduce their desirability for
ownership.
---------------------------------------------------------------------------
\3\ Additionally, other countries have noise restrictions in
place or legislation enacted to limit their operation. http://www.qtaerospace.com/noise_report.htm
---------------------------------------------------------------------------
Excluding the United States, there are 50 countries that have a
total of 392 registered airplanes like those banned in the United
States. Almost 50 percent of these jets are registered in Mexico. The
U.S. ban on Stage 2 operations reduces the value of these airplanes in
Mexico as a large potential destination for operators is lost. The
limited world-wide market hinders an owner's ability to sell a banned
airplane at the pre-law retail value.
Foreign Countries With Registered Stage 2 Airplanes Weighing 75,000
Pounds or Less
------------------------------------------------------------------------
Number of
Rank Country airplanes % Share*
------------------------------------------------------------------------
1........................ Mexico............. 182 46.4
2........................ Republic of South 25 6.4
Africa.
3........................ Venezuela.......... 24 6.1
4........................ Iran............... 17 4.3
5........................ United Kingdom..... 16 4.1
6........................ Brazil............. 14 3.6
7........................ France............. 13 3.3
8........................ Argentina.......... 12 3.1
9........................ Republic of Congo.. 7 1.8
10....................... Saudi Arabia....... 7 1.8
11....................... Dominican Republic. 6 1.5
12....................... Spain.............. 5 1.3
13....................... Bolivia............ 4 1.0
[[Page 39580]]
14....................... Canada............. 4 1.0
15....................... Ecuador............ 4 1.0
16....................... India.............. 4 1.0
17....................... Libya.............. 3 0.8
18....................... Pakistan........... 3 0.8
19....................... Cameroon........... 2 0.5
20....................... Egypt.............. 2 0.5
21....................... Israel............. 2 0.5
22....................... Malaysia........... 2 0.5
23....................... Morocco............ 2 0.5
24....................... Nigeria............ 2 0.5
25....................... Sudan.............. 2 0.5
26....................... Syria.............. 2 0.5
27....................... Turkey............. 2 0.5
28....................... Ukraine............ 2 0.5
29....................... Angola............. 1 0.3
30....................... Bahrain............ 1 0.3
31....................... Chad............... 1 0.3
32....................... Chile.............. 1 0.3
33....................... Comoros Islands.... 1 0.3
34....................... Eritrea............ 1 0.3
35....................... Gabon.............. 1 0.3
36....................... Ghana.............. 1 0.3
37....................... Guatemala.......... 1 0.3
38....................... Indonesia.......... 1 0.3
39....................... Italy.............. 1 0.3
40....................... Ivory Coast........ 1 0.3
41....................... Japan.............. 1 0.3
42....................... Philippines........ 1 0.3
43....................... Portugal........... 1 0.3
44....................... Russia............. 1 0.3
45....................... Senegal............ 1 0.3
46....................... Sweden............. 1 0.3
47....................... Togo............... 1 0.3
48....................... United Arab 1 0.3
Emirates.
49....................... Uruguay............ 1 0.3
50....................... Zimbabwe........... 1 0.3
-------------------------
Total............. 392 100.0%
United States..... 599 ...........
-------------------------
Grand Total....... ........... 991
------------------------------------------------------------------------
* Totals in table may exactly add due to rounding.
``Scrappage'' of Banned Airplanes
A lack of demand for the banned airplanes will leave most owners
with no choice other than to sell the airplanes for their scrap value.
The salvage value is likely to equal the scrap value. The single most
valuable part on the airplane is the engines which after the ban have
essentially no value. Secondarily, the round-dial instrumentation used
in the affected fleet is largely obsolete with a small used market.
Hushkits
Other than their sale and scrappage, the remaining option is to
hushkit the Gulfstreams. In November 2012, there were 217 Gulfstream II
and III airplanes registered in the United States. At that time, these
airplanes had a pre-law retail value ranging from $250,000 to $2.2
million. Gulfstream owners will have to weigh the cost of hushkitting
against not having use of the airplane.
The cost to hushkit a Gulfstream II or III will average between
$0.85 to $1.5 million, per airplane. This cost exceeds the pre-law
retail value for most Gulfstream II's. The measure of economic loss for
the Gulfstream II equals its pre-mandate value (assuming very few have
been sold since that date). However, for a majority of the Gulfstream
III's, the cost to hushkit is less than its pre-law retail value. If
all Gulfstream III owners hushkit their airplanes the economic loss is
the cost of the hushkit which equals $125.6 million.
For the owners of the remaining 491 airplanes, the economic cost is
$204.3 million. This cost equals their pre-mandate resale value
excluding some minor salvage value. Additionally some of these
airplanes may have been sold to foreign buyers. The total economic loss
equals the Gulfstream III hushkit loss of $125.6 million plus the
$204.3 million equaling $329.9 million, or in present value $251.7
million using 7 percent.
[[Page 39581]]
----------------------------------------------------------------------------------------------------------------
Costs by action and number of aircraft
-----------------------------------------------------------------------------------------------------------------
Present value
in 2016 at 7%
Action Number of Millions of discount rate--
aircraft 2012$ millions of
2012$
----------------------------------------------------------------------------------------------------------------
Hushkit......................................................... 108 $ 125.6 $ 95.8
Scrapped/Sold Aircraft.......................................... 491 204.3 155.9
-----------------------------------------------
Total....................................................... 599 329.9 251.7
----------------------------------------------------------------------------------------------------------------
Since Congress has mandated the prohibition on the operation of
certain airplanes weighing 75,000 pounds or less that do not comply
with Stage 3 noise levels, Congress has determined that the benefits
exceed the costs. The FAA has determined that this final rule is a
significant regulatory action as defined in section 3(f) of Executive
Order 12866, and is significant as defined in DOT's Regulatory Policies
and Procedures.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration.'' The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
Estimated Number of Small Firms Potentially Impacted
The Act requires that (except as otherwise noted) after December
31, 2015, civil subsonic jet airplanes with a maximum weight of 75,000
pounds or less and for which an airworthiness certificate (other than
an experimental certificate) has been issued, shall not be operated to
or from an airport in the United States unless the Secretary of
Transportation finds that the airplane complies with Stage 3 noise
levels. The purpose of this statutory provision is to reduce noise
levels at airports and the communities surrounding them across the
United States.
Under the RFA, the FAA must determine whether a proposed rule
significantly affects a substantial number of small entities. This
determination is typically based on small entity size and revenue
thresholds that vary depending on the affected industry.\4\ To
determine the number of small entities affected by the mandate, we
searched a commercially available airplane fleet database.\5\ The
search results identified five operator categories consisting of 457
entities that own 599 airplanes. The entities consist of privately held
corporations, financial institutions, leasing companies, non-scheduled
airlines, and private individuals. In most cases, the size of the
entities cannot be determined because financial and employment data for
privately held entities is sparse. Nevertheless, the number of small
business entities is believed to be substantial.
---------------------------------------------------------------------------
\4\ Thresholds are based on the North American Industry
Classification System (NAICS). The NAICS is the standard used by
Federal statistical agencies in classifying business establishments
for the purpose of collecting, analyzing, and publishing statistical
data related to the U.S. business economy.
\5\ OAG Aviation Solutions Fleet Database as of November 14,
2012.
---------------------------------------------------------------------------
Of the 599 affected airplanes, over half (382 airplanes) cannot be
converted to Stage 3 noise levels because there are no modifications
currently available. Owners of airplanes that are unable to modify
their airplanes may choose to (1) Sell their airplanes to an entity
whose operations are not constrained by noise restrictions, (2) salvage
the airplanes for parts, or (3) sell the airplanes for scrap value. For
the remaining 217 airplanes that are able to be converted to Stage 3
noise levels, owners will have to determine if the benefit of operating
the airplanes outweighs the cost of making the airplanes Stage 3 noise
compliant and the higher operating costs are worth the expense.
As the effective date of the prohibition approaches (January 1,
2016), the resale value of any remaining airplanes in the U.S. fleet
will fall dramatically, ultimately to zero. In addition, the value of
the entire world fleet of these Stage 2 airplanes will be reduced with
the influx of U.S. airplanes available for sale and the prohibition of
foreign Stage 2 airplanes from operating in the U.S. Complying with the
congressional mandate creates a significant economic impact for owners
since the compliance cost requires an owner to either forego the use of
its airplane or to purchase one that meets Stage 3 noise levels. Since
this rule only places Congress' language of the statutory ban into the
civil regulations and has no requirements of its own, the requirements
of the Regulatory Flexibility Act do not apply.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective.
The statute also requires consideration of international standards
[[Page 39582]]
and, where appropriate, that they be the basis for U.S. standards. The
FAA has assessed the potential effect of this final rule and determined
that since it implements an action by Congress, the Trade Agreements
Act provisions do not apply.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $143.1 million in lieu of $100
million. Although this rule exceeds $143.1 million the year it takes
effect, it implements the direction of Congress and thus Title II of
the Act is not applicable.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new information collection associated with the requirement
to demonstrate eligibility under the statutory provisions when making a
request for special flight authorization for otherwise prohibited jet
airplane operations. That information collection requirement previously
was approved by the Office of Management and Budget (OMB) under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d))
and was assigned OMB Control Number 2120-0652.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.
G. Environmental Analysis
This rule implements Section 506 of the Act by adding jets weighing
75,000 pounds or less to the applicability of the operating noise
subpart in Sec. 91.801. This rule incorporates the prohibition on
operations of small jets not meeting Stage 3 noise levels after
December 31, 2015. It also incorporates the special operating
circumstances allowed by law for these smaller jets. The environmental
impacts of this rule, including the reduction in jet noise in the
contiguous United States, and the minor impacts of allowing statutorily
limited operations of Stage 2 jets, are a result of the statutory
requirements. The FAA has no authority to change any of these statutory
provisions or their environmental impact.
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312(f) of the Order and involves no
extraordinary circumstances.
IV. Executive Order Determinations
A. Executive Order 12866
See the ``Regulatory Evaluation'' discussion in the ``Regulatory
Notices and Analyses'' section elsewhere in this preamble.
B. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have Federalism
implications.
C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
V. Additional Information
A. Availability of Rulemaking Documents
An electronic copy of a rulemaking document may be obtained by
using the Internet--
1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
3. Access the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects in 14 CFR Part 91
Aircraft, Operating noise limits.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of Title 14, Code of Federal
Regulations as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
1. The authority citation for part 91 is revised to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717,
44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-
47531, 47534, articles 12 and 29 of the Convention on International
Civil Aviation (61 Stat. 1180), (126 Stat. 11).
[[Page 39583]]
0
2. Amend Sec. 91.801 by adding new paragraph (e) to read as follows:
Sec. 91.801 Applicability: Relation to part 36.
* * * * *
(e) Sections 91.881 through 91.883 of this subpart prescribe
operating noise limits and related requirements that apply to any civil
subsonic jet airplane with a maximum takeoff weight of 75,000 pounds or
less and for which an airworthiness certificate (other than an
experimental certificate) has been issued, operating to or from an
airport in the contiguous United States under this part, part 121, 125,
129, or 135 of this chapter on and after December 31, 2015.
0
3. Add new Sec. 91.881 to read as follows:
Sec. 91.881 Final compliance: Civil subsonic jet airplanes weighing
75,000 pounds or less.
Except as provided in Sec. 91.883, after December 31, 2015, a
person may not operate to or from an airport in the contiguous United
States a civil subsonic jet airplane subject to Sec. 91.801(e) of this
subpart unless that airplane has been shown to comply with Stage 3
noise levels.
0
4. Add new Sec. 91.883 to read as follows:
Sec. 91.883 Special flight authorizations for jet airplanes weighing
75,000 pounds or less.
(a) After December 31, 2015, an operator of a jet airplane weighing
75,000 pounds or less that does not comply with Stage 3 noise levels
may, when granted a special flight authorization by the FAA, operate
that airplane in the contiguous United States only for one of the
following purposes:
(1) To sell, lease, or use the airplane outside the 48 contiguous
States;
(2) To scrap the airplane;
(3) To obtain modifications to the airplane to meet Stage 3 noise
levels;
(4) To perform scheduled heavy maintenance or significant
modifications on the airplane at a maintenance facility located in the
contiguous 48 States;
(5) To deliver the airplane to an operator leasing the airplane
from the owner or return the airplane to the lessor;
(6) To prepare, park, or store the airplane in anticipation of any
of the activities described in paragraphs (a)(1) through (a)(5) of this
section;
(7) To provide transport of persons and goods in the relief of an
emergency situation; or
(8) To divert the airplane to an alternative airport in the 48
contiguous States on account of weather, mechanical, fuel, air traffic
control, or other safety reasons while conducting a flight in order to
perform any of the activities described in paragraphs (a)(1) through
(a)(7) of this section.
(b) An operator of an affected airplane may apply for a special
flight authorization for one of the purposes listed in paragraph (a) of
this section by filing an application with the FAA's Office of
Environment and Energy. Except for emergency relief authorizations
sought under paragraph (a)(7) of this section, applications must be
filed at least 30 days in advance of the planned flight. All
applications must provide the information necessary for the FAA to
determine that the planned flight is within the limits prescribed in
the law.
Issued under authority provided by 49 U.S.C. 106(f) and 47534 in
Washington, DC, on June 18, 2013.
Michael P. Huerta,
Administrator.
[FR Doc. 2013-15843 Filed 7-1-13; 8:45 am]
BILLING CODE 4910-13-P