Noise Abatement Evaluation Period Rule

(1) Eachair carrier conductinginexcess of six commercial operations in turbojet aircraft at Logan in any single day during an evaluation period shall comply with any one of the following restrictions during each evaluation period: (a) the percentage of operations in stage 3 aircraft shallnot be less than the following established annual percentage of the total number of operations conducted by such operator in an aircraft: 1986 - 43.9% (for years subsequent to 1986 see 740 CMR 24.03(2)). OR (b) the noise per seat index for the total number of turbojet operations conducted by such operator at Logan shall not exceed the following established levels: 1986 - 77.95 decibels per seat (for years subsequent to 1986 see 740 CMR 24.03(2)) (2) For the years subsequent to 1986, the Executive Director shall establish a specific stage 3 annual percentage level and annual noise per seat index in accordance with the methodology specified in Appendix B. Notice of the specific stage 3 annual percentage level and annual NPSI for each forthcoming year shall be published in a City of Boston newspaper, filed with the State Secretary for publication in the Massachusetts Register and forwarded to all persons requesting such notification by July 1st of the preceding year. (3) Compliance with these restrictions shall be evaluated on a six-month basis commencing July 1, 1986. (4) Each air carrier that conducts inexcess ofsixcommercialoperations in turbojet aircraft at Logan in any single day during an evaluation period and that fails to comply with the restrictions as set forth in 740 CMR 24.03(1) for an evaluation period shallnot conduct for any week during said evaluation period any operations in stage 1 and/or stage 2 aircraft in excess of the total number of operations conducted by that operator in stage 1 and stage 2 aircraft for any week within any four consecutive week period in the immediately preceding evaluation period. Nothing herein shall be construed to preclude any air carrier from conducting six or fewer operations in any single day in stage 1 and/or stage 2 aircraft. For the initial evaluation period, the limitationonoperationsestablished hereunder shall be determined based upon the immediately preceding six-month period ending December 31, 1985. (5) For the purposes of determining compliance with these restrictions, each carrier at Logan shall submit a report in a form approved by the Executive Director as follows: (a) for air carriers planning to conduct more than six operations in turbojet aircraft in any single day during the evaluation period at hand, a schedule setting forth: 1. total scheduled and unscheduled operations planned to be conducted by the operator during the forthcoming evaluation period; 2. the model, series, and engine designation of aircraft to be used in each such operation (e.g. B727, series 232, JT8D-7A); maximum certificated landing and takeoffweights; certification status of each such aircraft under 14 CFR Part 36 (i.e. stage 1, stage 2, stage 3); the certificated noise levels taken from the noise characteristic section of the FAA approved flight manual or published in the then current FAA Advisory Circular; the number of passenger seats on the aircraft; and the number of operations to be conducted in each aircraft type; 3. the total percentage of operations to be conducted in stage 3 aircraft; 4. if such percentage of stage 3 operations is less than the required percentage under 740 CMR 24.03(1), the calculation of the noise per seat index inaccordance with Appendix A for the operations planned to be conducted by the operator during the evaluation period; 5. if the percentage of stage 3 operations is less than the required percentage under 740 CMR 24.03(1)(a) and the noise per seat index based upon the operations planned to be conducted by the operator during the evaluation period exceeds the required levels under 740 CMR 24.03(1)(b), a summary of any discrepancies between the total number of operations to be conducted by the operator for the forthcoming evaluation period and the total number of operations allowed to be conducted by the operator under 740 CMR 24.03(4) with the discrepancies identified as individual operations by aircraft model, series, and engine designation, and certification status and date of operation. (Operations conducted by the operator in excess of the number of operations allowed under 740 CMR 24.03(4) shall be subject to the sanctions set forth in 740 CMR 24.03(9).) (b) For air carriers planning to operate turbojet aircraft at Logan but at a level of six or fewer operations in any single day during the evaluation period, a schedule settingthe information required in 740 CMR 24.03(5)(a)1. through 3. (6) The report required under 740 CMR 24.03(5) shall be submitted to the Noise Abatement office oftheAuthority at Logan not later than 120 days prior to the commencement of eachevaluationperiod, provided, however, that for the evaluation period commencing July 1, 1986 the report may be submitted no later than April 15, 1986. (7) New entrant air carriers that plan to commence operations in turbojet aircraft during an evaluation periodbut were unable to meet the reporting schedule required in 740 CMR 24.03(6) shall be allowed to commence suchoperations only upon the submission to the Noise Abatement office 21 days prior to the commencement of operations of: (1) a report in the form and containing the information required under 740 CMR 24.03(5) for the remainder of that evaluation period; and (2) such environmental clearances as may be required under state law. Each such carrier shall subsequently file all reports required under 740 CMR 24.03(5) and (8) in a timely manner. (8) Within 21 days following the end of each evaluation period, each carrier conducting turbojet operations at Logan shall submit an additional report setting forth any variance between the operations as reported under 740 CMR 24.03(5) (or in the case of new entrant, under 740 CMR 24.03(7)) and operations actuallyconducted duringthe evaluation period then ended. Any operations conducted that were not reported under 740 CMR 24.03(5) and (7) shall be indicated by date; time of day; aircraft model, series, and engine designation; and certification status of aircraft together with a statement as to whether any such variance has resulted in exceeding any of the restrictions under 740 CMR 24.03(1) and (4). The Noise Abatement office shall review such report and advise each carrier if such variance has resulted in an excess to the penalties under 740 CMR 24.03(9). Operation(s) conducted as a result of a required diversion to Logan due to weather, aircraft mechanical difficulties or other reasons beyond the control of operator shall also be included in such report. Such operation(s) which, if included in the calculation of operator's compliance with the restrictions under 740 CMR 24.03(1) will result in violation of any of the restrictions, shall not be included in such calculation if an operator submits a report establishing that the diversion(s) were required as the result of weather, aircraft mechanical difficulties or other reasons beyond the control ofoperator. In addition operation(s) conducted as part of an international flight in accordance with a bilateral treaty to which the United States is a party, and which treaty imposeslimitations on the number of flights, aircraft types, origin/destination points, or number of U.S. flag carriers allowed to operate within the foreign market, shall be excluded from the provisions of 740 CMR 24.03(1) and (4) only if: (i) inclusion of such operation(s) will result in noncompliance with anyofthe restrictions set forthin sections 24.03(1) and (4) and such operation(s) are not conducted in stage 1 aircraft; and (ii) the operator establishes that it is not feasible for it to utilize stage 3 aircraft for such operation(s). (9) Any air carrier conducting in excess of six operations in turbojet aircraft at Logan in any single day during an evaluation period that fails to comply with the restrictions set forth in 740 CMR 24.03(4) during an evaluation period shall be subject to the following sanctions: (a) first offense (applicable only to the first evaluation period that operator exceeds the restrictions). - warning and/or fine not to exceed $300 for each operation conducted by the operator in stage 1 or stage 2 aircraft that exceeds the number of operations allowed to be conducted in accordance with 740 CMR 24.03(4) in such stage 1 and stage 2 aircraft. (b) subsequent offenses - fine not less than $500 and not more than $2000 for each operation conducted by the operator in stage 1 or stage 2 aircraft that exceeds the number of operations allowed to be conducted in stage 1 or stage 2 aircraft in accordance with 740 CMR 24.03(4). (10) Any air carrier required to file a report under 740 CMR 24.03 and that fails or refuses to do so in a timely manner shall be subject to a fine of $100 per day for each day that the report remains delinquent. Any air carrier that knowingly files a false report shall be subject to a fine of $2000 for each such false report. (11) The Executive Director upon request may exempt any air carrier from any of the provisions of this 740 CMR 24.03 (other than the provisions relating to reporting requirements and the prohibition set forth in 740 CMR 24.03(13)) for one or more evaluation periods upon demonstration by the operator to the satisfaction of the Executive Director that: (a) the operator is unable to comply due solely to existing aircraft fleet composition and the fact that noise attenuation modifications to existing aircraft or the purchase of quieter aircraft will not be completed in time to affect performance during the applicable evaluation period, and (b) the operator is pursuing diligently a fleet improvement program through noise attenuation modifications that willachieve stage 2 certification or purchase of alternative aircraft as evidenced by existing contracts and/or a schedule satisfactory to the Executive Director with clearly established milestones for utilization of improved aircraft at Boston. (12) Any request for an exemption pursuant to 740 CMR 24.03(11) together with supporting documentation shall be submitted to the Executive Director. Within seven days ofthe receipt ofsuch request the Executive Director shall notify all persons requesting notification of any request for exemption submitted to the Authority and shall afford such persons the opportunity to submit written comment to the Executive Director within 21 days. The Executive Director shall make his/her determination as to the grant of an exemption within 21 days following the close ofthecommentperiod. (13) Notwithstanding any provision of 740 CMR 24.00 to the contrary, no stage 1 aircraft shall operate at Logan Airport after December 31, 1987. Any operator violating this restriction shall be subject to a fine of $2000 per operation.