AEE-16-0705-E

November 24, 2015

Mr. Roy A. Stefanussen

11986 Stillwind Drive

Cincinnati, OH 45249

Dear Mr. Stefanussen:

This 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 Section 91.881.

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 

listed 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 the underlying 

statute does not give us the authority to do so. The statute does not allow the FAA to make 

exceptions to the prohibition other than as specified 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 that the aircraft model was excluded from the FAA’s rulemaking that adopted this 

statutory change. Since the FAA was given no authority to change the statutory language in 

our rule, our analysis conducted at the time was not required by law to be comprehensive, nor 

was it meant to be. It was intended 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. 
2

Accordingly, we are taking no further action on your requests.

Sincerely,

/s/

Lourdes Maurice

Director, Environment and Energy
3

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, 

requesting 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 listed 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. Since 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

ROUTING SYMBOL

ARM-207

INITIALS/SIGNATURE

AWP

DATE

7/23/15

ROUTING SYMBOL

AEE-100

INITIALS/SIGNATURE

DATE

ROUTING SYMBOL

AEE-1

INITIALS/SIGNATURE

DATE

ROUTING SYMBOL

ARM-200

INITIALS/SIGNATURE

JMC with 

edits

DATE

8/5/15

ROUTING SYMBOL

ARM-1

INITIALS/SIGNATURE

DATE

ROUTING SYMBOL

AGC-200

INITIALS/SIGNATURE

DATE

ROUTING SYMBOL

AFS-140

INITIALS/SIGNATURE

DATE

ROUTING SYMBOL

AFS-1

INITIALS/SIGNATURE

DATE
4

 

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