AEE

- 16

- 0705

- E

November 24, 2015

Mr. Roy A. Stefanussen

11 98 6 Stillwind Drive Cincinnati, OH 45249

Dear Mr. Stefanussen :

Th is letter responds to your petition for exemption dated June 11 , 2015, requesting an exemption from Title 14 of The Code of Federal Regulations, § 91.881 for you to operate a

Morane Saulnier MS

- 760 airplane beyond the December 31, 2015 compliance date without meeting Stage 3 requirements of Se ction 91.881.

Section 506 of the FAA Modern ization and Reform Act o f 2012 (FMRA) prohibit s the operation of jets weighing less than 75,000 pounds that do not meet Stage 3. The FMRA also

allows for the limited operation of prohibited jets for certain purposes. These provisions are listed in the codified statute at 49 USC 47534, and were adopted in 1 4 CFR at §§ 91.881 and

91.883.

The FAA is unable to grant your request for exemption from § 91.881 because the underlying statute does not give us the authority to do so. The statute d oes not allow the FAA to make exceptions to the prohibition other than as speci fied for the limited special flight

authorizations designated in the statute. Routine operation of jets that do not meet the Stage 3 requirements is not included in the statutory list.

You noted th at the aircraft model was excluded from the FAA’s rulemaki ng that adopted this statutory change. Since the FAA was given no authority to change the statutory language in

our rule , our analysis conducted a t the time w as not required by law to be comprehensive

, nor

was it meant to be. It was intended to give inte rested persons and affected operators a sense of the range of aircraft subject to the statutory prohibition and the anticipated economic impact for some of the more common models in operation.2

Accordingly, we are taking no further action on your reques ts.

Sincerely,

/s/

Lourdes Maurice Director, Environment and Energy3

Mr. Jack Bart

President Tej

- Jet, Inc. 98 Byram Shore Road Greenwich, CT 06830

Dear Mr. Bart:

This letter responds to your three petitions for exemption dated June 3, 2015,

reques ting an exemption from Title 14 of The Code of Federal Regulations, §91.881, for your (or your corporation’s) Morane Saulnier MS

- 760 airplanes. These letters

were docketed as Nos. FAA

- 2015

- 2343 (Tej

- Jet, Inc), FAA

- 2015

- 2344 (your personal request) and FAA

- 2015

- 2345 (Tej

- Jet of Del LLC). Section 91.881 requires that after December 31, 2015, jet airplanes with a maximum takeoff weight of 75,000 pounds or less must meet Stage 3 noise requirements to operate in the contiguous

United States.

Section 506 of the FAA Modernization and Reform Act of 2012 (FMRA) prohibits the operation of jets weighing less than 75,000 pounds that do not meet Stage 3. The FMRA also allows for the limited operation of prohibited jets for certain purposes. These provisions are l isted in the codified statute at 49 USC 47534, and were adopted in 14 CFR at §§91.881 and 91.883.

The FAA is unable to grant your request for exemption from §91.881 because we have no authority to do so. The statute did not grant the FAA any authority to make exceptions to the prohibition other than as specified for limited special flight authorizations for specified purposes identified in the law.

You noted that your aircraft was excluded from the FAA’s rulemaking that adopted this statutory change. Si nce the FAA was given no authority to change the statute, our analysis conducted at the time was not required by law and was not meant to be comprehensive. It was designed to give interested persons and affected operators a sense of the range of aircraft subject to the statutory prohibition and the anticipated economic impact for some of the more common models in operation. CONCURRENCES

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Accordingly, we are taking no further action on your requests and the dockets for these requests are being closed.

Sincerely,

Lourdes Maurice Director, Environment and Energy