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

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, timestamped, 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

§§ 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

§ 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 § 91.801 and

add a new § 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

§ 91.875 does not include some of the
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25555

operators from which the FAA needs

the information described.

Other Stage 2 Operations

As currently written, § 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

§ 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 § 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 § 91.867.

In that regulation, and in the definition

of new entrant in § 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 § 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.
25556 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

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 § 91.801 and

add a new § 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 $38.87×10×2=$777 dollars to

process this information. The total

annual cost of this provision is,

therefore, $1,312.

2. Other Stage 2 Operations

Currently § 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 § 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 § 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 § 91.867.

In that regulation, and in the definition

of new entrant in § 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 § 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,
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25557

the addition of a reporting requirement,

in itself, has no environmental impact.

The other proposed amendments, the

change to § 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-forprofit 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:

§ 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:

§ 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 § 91.877 is added to read as

follows:

§ 91.877 Annual reporting of Hawaiian

operations.

(a) Each operator subject to § 91.865

or § 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

§ 91.865 or § 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
25558 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

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]

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