Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13627

IFR operations concurrent with

publication of the SIAP.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore, (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule 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 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; EO 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1. of Federal Aviation

Administration Order 7400.9B, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 6005 Class E Airspace Areas

Extending Upward From 700 Feet Above the

Surface of the Earth.

* * * * *

ASO GA E5 Hampton, GA [New]

Clayton County—Tara Field, GA

(Lat. 33°23′21′′ N, long. 84°19′57′′ W)

That airspace extending upward from 700

feet above the surface within a 6.8 mile

radius of Clayton County-Tara Field;

excluding that airspace within the Atlanta,

GA, Peachtree City, GA, and Griffin, GA

Class E airspace areas.

* * * * *

Issued in College Park, Georgia, on March

1, 1995.

Walter E. Denley,

Acting Manager, Air Traffic Division,

Southern Region.

[FR Doc. 95–6277 Filed 3–13–95; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 91

[Docket No. 28134]

Policy on Use of Interchange

Agreements for Noise Compliance

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Policy statement.

SUMMARY: This document sets forth a

statement of Federal Aviation

Administration (FAA) policy

concerning the use of airplane sharing

agreements to accomplish compliance

with the Stage 3 noise transition

regulations. As a result of its experience

during the first interim compliance date,

the FAA has become aware of a noise

compliance concern involving such

agreements. This policy statement is

intended to provide operators that

participate in airplane sharing

agreements with notice and guidance on

how the FAA will view such agreements

for compliance with the Stage 3

transition regulations.

DATES: This policy is effective on March

14, 1995.

Comments concerning this policy

must be received on or before

September 11, 1995.

ADDRESSES: Send comments on this

notice to: Federal Aviation

Administration (FAA), Office of the

Chief Counsel, Attn: Rules Docket,

AGC–200, Docket No. 28134, 800

Independence Avenue SW.,

Washington, DC 20591.

Comments may be examined or

delivered in person at the above address

in room 916G, weekdays between 8:30

a.m. and 5 p.m., except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. William W. Albee, Policy and

Regulatory Division (AEE–300), Office

of Environment and Energy, Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591; telephone (202)

267–3553, facsimile (202) 267–5594.

SUPPLEMENTARY INFORMATION: Sections

91.865 and 91.867 of 14 CFR each

required that as of December 31, 1994,

an operator of Stage 2 airplanes either

reduce the number of Stage 2 airplanes

it operates by 25% from its base level,

achieve a fleet mix of airplanes that is

55% Stage 3 airplanes, or in the case of

a new entrant, achieve a fleet mix that

is 25% Stage 3 airplanes. These same

regulations require that, after the next

interim compliance date, December 31,

1996, each operator must either reduce

the number of Stage 2 airplanes it

operates by 50% from its base level or

achieve a fleet mix that is 65% Stage 3

airplanes (or, 50% for new entrants).

The FAA’s experience with the first

interim compliance date has raised a

serious concern involving airplane

interchange agreements and other

arrangements that result in an

individual airplane being enumerated

on the operations specifications of more

than one operator. To ensure that the

objectives of the 1990 Airport Noise and

Capacity Act and the implementing

regulations are not compromised during

the interim compliance period, to

ensure that the benefits are fully

realized, and to prevent foreseeable

future difficulties in compliance, the

FAA is formally stating its policy for the

manner in which Stage 3 airplanes are

‘‘counted’’ for compliance purposes.

Recent analysis of operators’

compliance reports for 1994, which are

required under 14 CFR 91.875, has

revealed that some operators appear to

have entered into Stage 3 airplane

sharing agreements solely or primarily

for the purpose of achieving compliance

with the first interim compliance

deadline of the Stage 3 transition rules,

December 31, 1994. These airplane

sharing agreements take several forms,

including formal interchange

agreements between operators and

instances of two or more operators

leasing the same airplane from a lessor.

This results in the same Stage 3 airplane

being counted for compliance by two or

more operators, depending on the

sharing arrangement. The FAA views

this result to directly contradict the

intent and objectives the Airport Noise

and Capacity Act and its implementing

regulations.

Under such arrangements, a single

Stage 3 airplane could be used to

support the presence of an almost

limitless number of Stage 2 airplanes.

Allowing a proliferation of such sharing

arrangements for the purpose of noise

rule compliance can be expected to

result in the delay of Stage 2 airplane

retirement or modification by the

participating operators. Such delays not

only reduce the anticipated benefits of

the Congressionally mandated interim

compliance period, but have the more

insidious effect of operators further

delaying the business and financial

decisions and actions necessary to

achieve full compliance by 1999. If

these paper-only compliance situations
13628 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations

are allowed to continue, the FAA

foresees that the underlying delays and

failures to plan and implement real

compliance may easily result in an

unacceptable level of actual compliance

and a large number of waiver

applications based on arguments of

financial hardship, and airplane and

hushkit unavailability as participating

operators are forced into complete

compliance at the last minute.

Accordingly, the FAA is formally

notifying operators of its policy that an

individual Stage 3 airplane may be

counted only in the fleet of one operator

for purposes of compliance with the

Stage 3 transition rules, regardless of the

number of operators participating in the

use of the airplane. This single counting

does not affect the actual use of

airplanes under interchange agreements;

they may simply only be counted in the

fleet of one of the participating

operators for noise compliance

purposes.

Policy Statement

For the purpose of compliance with

§§ 91.865 or 91.867, the FAA will not

count an individual Stage 3 airplane in

the fleet of more than one operator.

This policy statement does not effect

any operator’s compliance with the

December 31, 1994, compliance date.

Thus, if an operator used shared

airplanes to achieve compliance in

1994, that compliance is considered

valid until December 31, 1996.

After the effective date of this policy,

however, an operator may not use any

type of airplane sharing agreement,

regardless of the date of the agreement,

to increase the number of Stage 2

airplanes it operates. As an example, a

new entrant’s fleet consists of three

Stage 2 airplanes, and two Stage 3

airplanes that are also on the operations

specifications of another operator. For

purposes of the December 31, 1994,

compliance date, that new entrant will

be considered in compliance. However,

that new entrant operator may not use

the presence of the two shared Stage 3

airplanes to support the addition of

three more Stage 2 airplanes to its fleet

after the date of this policy statement,

even though, with the addition, it would

‘‘remain’’ in compliance with § 91.867

by maintaining a fleet that is 25% Stage

3 airplanes. The FAA will not allow the

presence of ‘‘shared’’ Stage 3 airplanes

act as support for additional Stage 3

airplanes after the effective date of this

policy.

The above example presumes that the

new entrant attempting to add Stage 2

airplanes is not the operator that is

claiming the Stage 3 airplane as its own.

If the FAA finds a Stage 3 airplane that

is reported in the fleet of more than one

operator, the FAA will not count it in

the fleet of any of the reporting

operators for noise compliance purposes

until the airplane is declared by one of

the operators as belonging in its fleet

alone. The FAA will not mitigate

disputes between operators involved in

any airplane sharing agreement. The

FAA presumes that the operators

involved in a shared airplane agreement

will reach their own agreement on

which operator gets to count the

airplane for compliance purposes.

While the FAA anticipates that in most

cases the reporting operator will be the

owner of lessor under an interchange

agreement, any agreement between the

sharing operators that results in one

operator counting the airplanes is

acceptable to the FAA.

Most importantly, for purposes of the

December 31, 1996, interim compliance

deadline, no shared airplanes will be

allowed to count in the fleet of more

than one operator, regardless of the date

of the sharing agreement, and regardless

of whether the shared arrangement was

found valid for compliance with the

1994 compliance date. Thus, operators

that achieved compliance with the 1994

compliance date by means of shared

Stage 3 airplanes are under notice that

the continuation of the same

arrangement or any new arrangement

will not support compliance in with the

December 31, 1996, requirement.

The FAA is formally publishing this

policy at this time to give all affected

operators the maximum amount of time

to achieve compliance with the

December 31, 1996 compliance date

without the use of shared Stage 3

airplanes. As stated previously, the FAA

has only very recently become aware of

these arrangements and their use for

compliance as the required reports for

1994 have been filed and analyzed, and

it is only recently that the FAA has

determined the serious negative

consequences of allowing such practices

to continue. However, the FAA

determined that, in the interest of

fairness and the lack of a formal written

policy before this date, such agreements

that were used to comply with the 1994

compliance date would not be

disallowed retroactively. This policy

statement is intended to prevent the

further use of such agreements for noise

compliance manipulation and preclude

the proliferation of such agreements as

the perceived ‘‘benefit’’ is realized.

Shared Stage 2 Airplanes

The FAA is also aware that there are

existing sharing agreements for Stage 2

airplanes that result in Stage 2 airplanes

being listed on the operations

specifications of more than one

operator. To further the goals of the

ANCA and its implementing

regulations, the FAA will continue to

count a Stage 2 airplane as part of the

fleet of each of the operators sharing it.

This is the method used in the

compliance calculations for the 1994

compliance date, and will not affect the

actual use of any such shared Stage 2

airplane by the participating operators.

Further, if a shared Stage 2 airplane

was used to establish base level in the

fleet of more than one operator by

means of its presence on the operations

specifications of the sharing operators

during the appropriate period, the

establishment of such base level is not

affected. If the shared Stage 2 airplane

is eliminated from one or all of the fleets

of the operators participating in the

sharing agreement, that removal may

count for compliance purposes for all of

the operators that remove it from their

operations specifications.

In the event that any operator

participating in the sharing of a Stage 2

airplane restricts its operations

specifications to preclude the operation

of that airplane into the contiguous

United States. To achieve compliance,

all other participating operators are also

precluded from operating that airplane

in the contiguous United States.

These policies concerning Stage 2 and

Stage 3 airplanes apply to all operators

of aircraft affected by the Stage 3

transition regulations, regardless of

whether the operators are U.S. or nonU.S., and regardless of the level of

formality of the agreement under which

the subject airplanes are shared.

Comments concerning the effect of

this policy on individual operators and

their compliance with the Stage 3

transition regulations should be

submitted to the docket established for

this policy statement; the FAA will

consider all comments received and

refine the policy if warranted. Operators

that have individual questions

concerning the effect of this policy on

their operations and compliance may

submit written inquiries to the

individual listed in the FOR FURTHER

INFORMATION CONTACT paragraph above.

Issued in Washington, DC on March 9,

1995.

Paul R. Dykeman,

Acting Director of Environment and Energy.

[FR Doc. 95–6224 Filed 3–13–95; 8:45 am]

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