Late Night Aircraft Restrictions

(NOTE: 740 CMR 24.04(1) was formerly Part E, Article III, section A of the Rules and Regulations for Logan International Airport.) (1) Time and Aircraft Restrictions (a) Stage 2 and stage 3 aircraft ­ Subject to the additional restrictions set forth in 740 CMR 24.04(1)(b), no turbojet aircraft not certificated in accordance with Federal Aviation Regulation Part 36 shall land at Logan Airport between10:30 p.m. and 7:00 a.m., except as required by an in-flight emergency; or takeoffat Logan Airport between 9:30 p.m. and 7:00 a.m. (b) Stage 3 aircraft only ­ Commencing July 1, 1986 no turbojet aircraft shall be operated at Logan Airport during the following periods and times by an air carrier unless such aircraft is certified as a stage 3 aircraft or meets the certification levels for landing operations (or takeoff operations as the case may be) applicable to stage 3 aircraft as set forth in Appendix C of Part 36 of the Federal Aviation Regulations: shall land (or takeoff) at Logan Airport during the following periods and times: 1986 - 11:30 P.M. to 6:30 A.M. 1987 - 11:00 P.M. to 6:30 A.M. 1988 and 1989 - 11:00 P.M. to 6:45 A.M. 1990 and each year thereafter-11:00 P.M. to 7:00 A.M. (2) Exceptions (a) An aircraft (except an aircraft restricted for operations at Logan pursuant to 740 CMR 24.02) will be exempted from 740 CMR 24.04 upon certification in a form satisfactory to the Executive Director that the aircrafthasundergoneor will undergo phased mechanical maintenance, inspection or modification at Logan over a period of not less than 24 hours, and that exemption from 740 CMR 24.04 is required in order for the procedures to be conducted or to have been conducted at Logan. (NOTE: 740 CMR 24.04(2)(b) was formerly Part E, Article III, section B(2) of the Rules and Regulations for Logan International Airport.) (b) An aircraft in air carrier service arriving or departing Logan subsequent to a published schedule time of arrival or departure will be exempted from the restrictions set forth in 740 CMR 24.04(1) upon completion of a report in a form satisfactory to the Executive Director establishing that the arrival or departure of the aircraft was delayed solely as the result of circumstances beyond the control of the operator. (c) An operation by an aircraft that does not comply with the restrictions set forth in 740 CMR 24.04(1) but which was substituted for an otherwise complying aircraft that was originally scheduled to conduct such operation may be exempted from the requirements of 740 CMR 24.04(1) if a report is filed with the Executive Director whichestablishes that the substitution was necessitated by unanticipated mechanical or operational considerations beyond the control of the operator and that no other complying aircraft was available for substitution. (d) 1. Air carriers performing operations in turbojet aircraft in all cargo service that were either scheduled as of January 1, 1986, or performed at least weekly during any month within the 12 month period commencing January 1, 1985 within the periods prescribed in 740 CMR 24.04(1), may petition the Executive Director for an exemption for such operation(s) from the provisions of 740 CMR 24.04(1) by filing with the Executive Director a petition for exemption identifying the specific operation(s) for which an exemptionis sought bytime and aircraft type and demonstrating that: a. a disruptioninthe continuationofthe service provided by the operator will result in an unduly harsh impact on shippers or other entities with a concomitant negative impact to the economy of the New England region or a part thereof; b. every reasonable effort has been taken to provide the service by an aircraft that complies with the restrictions set forth in 740 CMR 24.04(1); and c. such service cannot reasonably be scheduled outside of the restricted hours. 2. Within seven days following the receipt of such petition the Executive Director shall notify all persons requesting notice of the filing of such petitions for exemption and request written within 21 days ofthe date ofnotice. Within 21 days following the deadline date for receipt of written comments, the Executive Director shall grant or deny the petition, taking into consideration all of the facts and circumstances bearing upon the need forcontinuingthe service which is the subject of the petition, including: a. the environmental impacts resulting from such service; b. the ability of the carrier in view ofits thenexistingfleetcompositionand schedule, and the volume of its business at Logan, to provide such service in complying aircraft; c. the impacts to the economy of the New England region or a part thereof that may result from the disruption of the continuation of such service; and d. the possibility that such service can reasonably be scheduled outside of the restricted hours. Any person aggrieved by a decision of the Executive Director under this paragraph may request that the Authority conduct an independent proceeding to review the determination made by the Executive Director at which time all interested persons shall have an opportunity to be heard and present evidence. 3. Any exemption granted by the Executive Director pursuant to 740 CMR 24.04(2)(d) shall be for a term of not less than six months and not more than two years. Petitions may be renewed at the expiration of an exemption.