[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Proposed Rules]
[Pages 25554-25558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11273]




[[Page 25553]]

_______________________________________________________________________

Part V





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Part 91



Stage 2 Airplane Operations; Proposed Rule

Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / 
Proposed Rules  
[[Page 25554]] 

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.

-----------------------------------------------------------------------

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.

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. 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. 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

    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 
[[Page 25555]] 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. 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

    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. 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

    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: 
(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. 
[[Page 25556]] 

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. 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. 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. 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. 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

    This proposal would ensure implementation of the amended ANCA by 
adding a new Sec. 91.877 that would contain new reporting requirements 
for Stage 2 operations conducted in the State of Hawaii. The proposed 
reporting requirement refines existing reporting requirements in part 
91, and is not anticipated to have a significant effect on the quality 
of the human environment. Any environmental impact associated with this 
regulation is the result of the amendment to the statute made by 
Congress. This action, [[Page 25557]] the addition of a reporting 
requirement, in itself, has no environmental impact.
    The other proposed amendments, the change to Sec. 91.857 that 
acknowledges an acceptable means of compliance with the Stage 3 
transition and the elimination of two drafting errors, also are not 
anticipated to have a significant effect on the quality of the human 
environment. These proposed changes do not in any way change the 
substantive effect of the transition regulations, but only reflect the 
practices of the FAA since the regulations were adopted in 1991.
    Prior to issuing 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

    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

    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).

    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.

    (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 [[Page 25558]] 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--
    (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