[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Rules and Regulations]
[Page 57790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22850]



Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2013-0503; Amdt. No. 91-328]
RIN 2120-AK25

Adoption of Statutory Prohibition on the Operation of Jets 
Weighing 75,000 Pounds or Less That Are Not Stage 3 Noise Compliant

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; disposition of comments.


SUMMARY: On July 2, 2013, the FAA published a final rule (78 FR 39576) 
amending the airplane operating regulations to include certain 
provisions of the FAA Modernization and Reform Act of 2012 that affect 
jet airplanes with a maximum weight of 75,000 pounds or less operating 
in the United States. We solicited public comment on the final rule 
even though the FAA is not authorized to change the statutorily 
mandated prohibition. This action responds to the public comment the 
FAA received.

ADDRESSES: You may review the public docket for this rulemaking (Docket 
No. FAA-2013-0503) at the Docket Management Facility in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, 20590-0001 between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. You may also review the public docket 
on the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Sandy Liu, AEE-100, Office of Environment and 
Energy, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone: (202) 493-4864; facsimile (202) 267-
5594; email: [email protected].
    For legal questions concerning this action, contact Karen Petronis, 
AGC-200, Office of the Chief Counsel, International Law, Legislation, 
and Regulations Division, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
3073; email: [email protected].



    In section 506 of the FAA Modernization and Reform Act of 2012 
(``the Act''), Congress prohibits the operation of jet airplanes 
weighing 75,000 pounds or less in the contiguous United States after 
December 31, 2015, unless the airplanes meet Stage 3 noise levels. The 
Act also describes certain circumstances under which otherwise 
prohibited operations will be allowed. These provisions have been 
codified at Title 49, Section 47534 of the United States Code. This 
final rule incorporates those provisions into the regulations of part 
91 of Title 14 of the Code of Federal Regulations (part 91).

Discussion of Comments

    The FAA received one comment from General Electric (GE), who 
informed the FAA that a hushkit modification for the Dassault Falcon 20 
model airplane is still available.
    There are an estimated sixty-nine (69) Falcon 20 airplanes 
registered in the United States. If all of the owners chose to purchase 
the hushkit, doing so would reduce the societal cost of the statute 
estimated in the preamble to the final rule. The choice to hushkit or 
remove the airplane from U.S. service is a decision to be made by the 
airplane owners. The statutory prohibition remains in effect, and 
nothing about the FAA's adoption of the statutory language into part 91 
is affected by the availability of the hushkit, or the decisions of the 
airplane owners.
    When the regulatory analysis for the final rule was prepared, it 
accurately reflected market conditions. However, it is not unusual for 
the marketplace to react to a regulation. If there are additional 
hushkits or other modifications that become available for other 
affected airplanes, they will have no effect on the statute or the 
FAA's adoption of the language, as noted above. The choice to modify 
airplanes remains with airplane owners. The FAA does not intend to 
amend the original final rule estimates, as they may continue to 
    Correspondence received by the FAA from Dassault Falcon Jet 
Corporation and GE regarding the hushkit product information have been 
posted in the docket for this final rule.

    Issued in Washington, DC on September 9, 2013.
Lourdes Maurice,
Director, Office of Environment and Energy.
[FR Doc. 2013-22850 Filed 9-19-13; 8:45 am]