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HomeMy WebLinkAboutReso 69-1984 RESOLUTION NO. 69-84 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION SUPPORTING THE PETITION OF N.O.I.S.E. AND AOCI REQUESTING THE AMENDMENT OF FEDERAL AVIATION REGULATIONS BE IT RESOLVED by the City Council of the City of South San Francisco that: WHEREAS, the City of South San Francisco is in the San Francisco International Airport ("SFO") environs area; and WHEREAS, noise generated from aircraft operated at SFO has adverse affects on the health and welfare of the citizens of South San Francisco; and WHEREAS, one means to alleviate said adverse affects is to ~egulate the use of particularly noisy aircraft; and WHEREAS, the National Organization to Insure a Sound-Controlled Environment (N.O.I.S.E) and the Aircraft Operators Council International (AOCI) have submitted a petition to the Federal Aviation Administration (FAA) for amendment of Parts 36, 47 and 91 of the Federal Aviation Regulations (14 CFR Parts 36, 47 and 91) to prohibit the registration or operation of certain aircraft in the United States unless they are type certificated to the Part 36 Stage 3 noise level limits; NOW, THEREFORE. BE IT RESOLVED by the City Council of South San Francisco that: 1. The City of South San Francisco (hereinafter "City") does support the aforementioned petition of N.O.I.S.E. and AOCI requesting that the FAA amend its regulations set forth above, except that the City suggests that said prohibition should be based upon aircraft performance as set forth in Exhibit "A" attached hereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 23rd day of May , 1984, by the following vote: AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri. Teqlia NOES: None ABSENT: None STL'DI ~: S -D,EsIo~ EXHIBIT "A" 1714 ~E April 28, 1984:- The Honorable Mayor and Members of the City Council and the City Manager, City of South San Francisco, P. O. Boz 711, South San Francisco, California 94080. -. Subject~ Petition for FAA Rule Making of N,O.I.S.E and. AOCI. Noise Certification of Turbojet ..and Large Transport 'Cateqoz%[ Aircraft. Dear Mr~ Mayor, Members of the City Council, and Mr. Bizkelo: Pursuant to a .telephone conversation ha¢] yesterday with Mr. Birkelo~ I submit enclosed herewith a draft of a proposed comment on the recent Petition for a Cut-off of Production of noisy Stage-II Aircraft, heretofore entered by the National Organization to Insure a Sound-controlled Environment (H.O.I.S.E.) and the Airport Operators CoUncil, International, (AOCI). If you are in agreement with the Draft, the Comment shoul~l be filed by the City of South San Francisco on or before June 1, 1984, by mailing an original and duplicate copy of your Comment by cer.tified mail to the following address: Federal Aviation Administration, Office of the Chief Counsel, Attn.: Rules Docket (AGC-204), Docket No. 23943,. 800 Independence Avenue, S.W., Washington, .D.C. 20591. My comments stem from my studies over the past sevezaI years and from extensive discussions had by me (1) with leading members of the Planning and Environmental-Affairs Committee of AOCI (in Albuquerque, March 19th and 20th, last), (2) with Mr. Thomas Duffy of N.O..I.S.E. (in San Francisco, April 25th, last), (3) with Mr. Richard E. Russell, Director, Noise Technology, Boeing Commercial Airplane Company, (4) with Mr. Arn H. Feener of the San Francisco International Airport, and (5) with staff members of a number of airlines over' the past three yeazs. I shall be glad to provide any additional information and clarification that you might require pertinent to the (M)ntents of the enclosed draft. Encl. Respectfully submitted /Maurice A. Garbell~ SSF Comment on FAA Docket No. 23963- Page i. COMMENT BY THE CiTY OF SOUTH SAN FRANCISCO, CALIFORNIA, ON FAA DOCKET NO. 239/~3, A PETITION FOR RULE-MAKING THAT WOULD AMEND I~CFR PARTS 36, ~7, AND 9 I. Statement o__[f Substantial Interest by the City. : The City of South San Francisco, California, (hereinafter "City") has a .~ubstontia! interest in the subject Petition for FAA Rule Making of N.O.I.S.E and AOCl, which Petition relates to the Noise Certification of Turbojet and Large Transpod Category Aircraft. Clualification o__[f ,the City. The City and its residents are situated in an area that lies directly underneath the straight so-called "GAP" departure path of turbojet and large transport-category aircraft shortly after their takeoff from Runways 28-Left and 28-Right at the San Francisco International Airport. During conditions of intense, Iow-altitude, temperature inversions and adverse windshear, the City is exposed to hour-long sequences of noisy westward "overshoots" of aircraft engaged in so-called "SHORELINE" and "QUIET" deparlures from Runways 28 which exert a heavy noise impact upon the City and its people. At other times, "PORTE" departures from Runway 01-Left make a short left turn over Mount San Bruno to a heading between 200 and 180 degrees and produce a noise impact from their Iow-altitude overflights over the western and northwestern portions of the City~ Identification of Pertinent Stage-Il Aircraft as a Source of Noise Impact .on the City. Many of the noisy single overflight events over the City are produced by aircraft of Stage-Il types~, such as the Boeing 737-200 ADV and Boeing 7~7 models that are currently still in production and that, according to their manufacturer and various air-carrier operators, are yet to be delivered over a period of several years. Moreover~ the recent repatriation of exceedingly noisy Stage-Il DC-9-50 aircraft into the United States, after their disposal by SWISSAIR attributable at least in part to their excessive noise, adds one rr~re compelling reason for bringing to a halt the rnanufacture and return or repatriation of all noisy Stage-II aircraft. Endorsement of the Evaluation of the Current Status of the Aircraft-Noise Problem Set Forth by t. he I~I.O.I.S.E.-AOCi Petition. ---- The City endorses the evaluation of the current status of the aircraft-noise problem set forth in the section "1.0 Summary" of the subject N.O.I.S.E.-AOC! petition. Should the Decision by the Federal Aviation Administration (FAA) on the Petition be Address-~'-to Specific TypeS o_[f Aircraft and Solely Relative to Their Certification und'~ 14CFR ParT3__6, o_[r S~ould the Decision~Be Contingent on th~-Attairiment 9[ Real-World Noise Performance Standards at Criterial Airports? I Before responding to the six specific questions by the FAA listed in its Petition Notice PR-8¢-3, the City suggests that the following five pertinent basic consideratior~, be regarded in terms of their factual significance: SSF Comment on FAA Docket No. 23943. Page 2. Th__e Objective of the Petition. The City believes that the objective of the N.O.I.S.E. and AOCI Petition is to terminate the production of aircraft that are noisy in actual operation, not a' punitive action against specific types Of ~c-~-~t that c:~- be or cannot [~ operated Jess noisily'in the future-than heretofore. · I!. Types o_.~f Aircraft Affected° . The two principal Stage-il types of United-States-manufactured aircraft still in production are the Boeing 737-200 ADV and certain subtypes of the Boeing 747° i!1. Are the Boeing 737-200 AVD and Boeing 747_ Aircraft Dominant- i_.n P~-ucinq Aircraft Noise? ---' (a_) The Stage-Il 737-200 ADV. According to accurate noise monitoring by the Zurich Airport and others, the. Stage-I! Boeing 737-200 ADV is found to be noisier than the Stoge-I Boeing 737-200 and the Stage-! Boeing 727-200. (See Exhibit A) It is true, according to accurate noise monitoring performed by the Seattle-Tacoma International Airport (SEATAC) and by the Airport Safety and Noise Consultant of the City of South San Francisco at the Palm Beach International Airport in West Palm Beach, Florida, that, at an airport at which Boeing 727,200 depart with a heavy load of fuel for a long route segment and at which Boeing '737-200 ADV depart with relatively lighter fuel loads for short route segments, the 727 aircraft' dominate the noise impact by approximately 3 to 4 dB. However, wherever 727 and 737 aircraft depart for comparable route segments, 1he two types of aircraft yield substantially comparable noise impacts and~ hence~ must both be regarded as the dominant source of noise impact. Hence, the manufacture of additional Boeing 737-200 ADV of the specific type certificated heretofore under Iz~CFR Part 3& would add aircraft of the noisiest type to the existing fleet of noisy aircraft. (_b) The Sta.qe-li 747. At some airports, notably at the San Francisco International Airport and, more specifically~ over the City~ the overflight of residential areas in rising terrain, in conditions of adverse windshear and a sharp iow-altitude temperature inversion, renders highly loaded Boeing 747 aircraft the dominant source of the highest single-event noise-exposure levels~ far in excess of those produced by Boeing 727- 200 ADV, Boeing 737-200 ADV, or other aircraft. IV. SSF Comment on FAA Docket' No. 23~43. Page Is a Boeing 737-200 Aircraft Inherently Noisier Than Stage-Ill Aircraft o-~:an it Be Enabled to Emulate the Noise Characteristics of-- ~a.-~lr~craft i_Qn P'~'actical Air'fine Operation? A recent example of an improvement of the noise characteristics o! the Boeing 737-200 ADV is the .introduction by Western Air Lines of Boeing 737-200 MOD aircraft, which reportedly embody a daisy-shaped exhaust-p~Pe system and modifications to the burner section of the engine-. While'thiS modification apparently does not remove the aircraft so equipped from t)~e "Stage-Ii" certification category~ it would appear that such aircraft approach closely the noise performance of some Stage-Ill-certificated aircraft when the comparison is not based on the EPNLs measured in the laboratory-like circumstances of FAR-3¢ airworthiness certification tests~ but on the actual performance of tl~ aircraft in the real-world conditions of a noise-sensitive airport. Specifically, the DC-%80 is a Stage-Ill aircraft which, were it actually flown in airline practice to the specifications on airplane configuration and.' airspeed and engine-power management adhered to during its FAR-3~ oirworthiness certification tests, would be spectacularly superior to its Stage-l$ predecessor types. In fact~ however~ the practical and safety considerations obtaining in actual airline operations reduce the margin of noise superiority of that aircraft in actual airline operation from "spectacular" (approximately 10dB) to '~ignificant" (approximately zt to 5 dB). Yet~ accurate noise monitoring by the County of Santa Ana~ at its John Wayne Airport in Orange County~ California~ has demonstrated that the noise performance of the Stage-Il Western Air l_'ines Boeing 737-200 MODs 'in actual o~oeration~ is virtually identical with that of Stage-Ill DC-~-80 air&raft.operated I~ experienced and capable operators such as AirCal and PSA and t~heir pilots (see l:~hibit B); it would appear that the quieter operation of Boeing 737-200 MOD oi~craft could remove the Boeing 737 from its present participation in the cat~ of noise- dominant aircraft. It follows, in the opinion of the City~ that a regulatory compulsion.. I1~ make the continued manufacture of Stage-Il aircraft contingent on the practical achievement of improved real-world noise charateristics of' such (~rcraft that emulate the real-world noise characteristics of Stage-Iii aircraft w~d be more effective and more beneficial than a cessation of the manufacture ~)f all such aircraft based solely on their pertinence to the formal "Stage-Il,' certification category. . V, Are the Boeinq 737-200 Airplane and its Subtypes of Any. Particular or Unique Value~ Assuminq That They Can Be EnabTed to Emulate ~-~aqe-IiI Noise Characteristics in Practical Airline op~r-ation? The City notes the following excerpt from the testimony of its Aviatizm Safety and Noise Consultant~ Dr. Maurice A. Garbell, entitled "Limits of Fligb! Safety in Noise-Abatement Takeoff Procedures," submitted on behalf of the Cit~, ,3t the FAA Transport Airplane Takeoff Performance Requirements Conference in Seattle,. Washington, on November !~;, 198 !. SSF Comment on FAA Docket No. 239/~3. Page ~' 12. End of the Line ? Quite evidently~ there is a limit to the attainment of noise abatement through safe and effective takeoff and climb procedures. Further noise abatement at the source, by the introduction of aircraft ~dth quieter engines, which has contributed the most striking gains in the. operation of heavy ]et aircraft from long runways, appears to be limited in application to aircraft of the lO0-to-2OO-paSSenger category on short runways~ having a length of approximately 6.,000 feet. On short runways, especially when runway contamination and/or a downward gradient of the pavement at some small airports make reliance on effective reverse thrust after a touchdo~vn mandatory, aircraft with less then optimal~ reverse-thrust performance may not be acceptable to air carriers currently equipped with "reverse-thrust champion~' such as Boeing ?37s and their' equivalents, regardless of how quiet the new aircraft equipped with high-bypass-ratio (HBPR) engines might be. If new quiet and fuel-efficient aircraft with HBPR engines cannot match the reverse-thrust effectiveness of the Boeing ?3?, then the Boeing ?3? and its similes will remain in operation "for ever," and noise abatement for airports with short runways will remain in statu quo awaiting quiet airscrew-propelled aircraft for their further progress. The difficulty in providing HBPR aircraft with high-reverse-thrust capability is fully appreciatdd. However, the need must be met, if the pressure for extreme noise-abatement flight procedures by today's generation of aircraft is to be relaxed. ~ The City is aware of current endeavors to provide the Stage-Ill Boe~.ng 737-300 airplane with effective thrust-reversal capability. However, until the thrust- reversal problem for the HBPR engines is fully resolved, it would appear that a prohibition of manufacture, registration, or operation in the United States conditioned on Stage-Iii type reqistration would apparently be ineffective and harmful to aircraft manufacturers, air carriers, and small communities that are dependent on air transportation as an almost exclusive link to the outside world. The City does urge, however, that the continued manufacture, registration, and operation in the United States of Stage-I! aircraft, at least over a transitional period, be made contingent on their fulfillment of suitable noise-performance' standards, as yet to be established, in actual airline operation at noise-sensitive airports, such as, for example, the John Wayne Airport, the San Francisco International Airport, and the Palm Beach International Airport, and that a prohibition be regulated by the FAA against aircraft and aircraft operations that cannot meet such performance standards. The City notes that such reliance on the real-world performance of aircraft and aircraft flight procedures at a criterial airport is not unprecedented, in fact, the City notes that the dominant factor in the deliberations of the said FAA Transport Airplane Takeoff Performance Requirements Conference in Seattle, Washingtor~, November I~;, 1981, was indeed the real-world performance of air-carrier aircraft at the John Wayne Airport in Orange County, California~ and not the performance of the respective aircraft types recorded during the 'airworthiness type- certification tests under FAR 3~;. I. . SSF Comment on FAA Docket' No. 23943. Page 5. Responses to the six specific questions posed by the FAA: Economic reasonableness ond technolc~jicol practicability of the proposal. (a) Economic Reasonableness. Comparisons between the operating costs of Stage-il Dc-~-SO and Stage-Ill DC-5~- 80 (MD-80) aircraft and comparisons between the operating costs of Stage-Ii Boeing 727 and Stage-Iii Airbus aircraft (with adjustment for differences in payload and range) appear to indicate persuasively that Stag~-lll aircraft' are economically far superior to Stage-II aircraft over the full anticipated lifetime and even the early service period of either aircraft. . The only area' in which Stage-ii aircraft ore operationally indispensable at this time is the afar,described operation into "bush" airports with short, frequently contaminated, and perhaps downwardly sloping, runways. (b) Technoloqicol practicability. Stage-Ill aircraft and their HBPR powerplonts already exist and are fully practicable. Their safety of operation has been proved so fully that the FAA is currently contemplating the removal of over-water limitations her.afore imposed on two-engine aircraft. Initial thermal-stress problerr~s in their engine cores manifested in short-segment-flight high-cycle operations have reportedly been resolved by the industry. Concurrently, Stage-il aircraft with modified powerplonts, capable of emulating the real-world noise performance of at least some Stage-.Ill aircraft, already exist and are fully practicable. Conclusion: A total halt in the manufacture of oil Stage-Il aircraft types might lead to the acceleration of the production of' Stage-III aircraft types. Economic advantages of such an acceleration would, inure to some segments of the air-carrier industry, whereas negative impacts could harm other segments of the air-carrier industry and the aircraft-manufacturing industry. Yet, if a regulatory determination were made that would oblige the industry to terminate the production of practically noisy aircraft and to produce only practically less noisy aircraft of the Stage-Il types, the practical objective of the N.O.I.S.E./rAOCI could be met without a harmful impact on the manufacturing industry and the air-carrier industry. Appropriateness o_.~f excludinq jet airplanes, under 75,000 ..pounds from the proposed limitations. The City is not aware of a severe noise impact on its own residents by jet transport airplanes under 75,000 lb. However, the City is informed by its aviation and noise consultant that such impact does burden cities elsewhere, notably the City of West Palm Beach and the Town of Palm Beach, Florida, and the City of Newport Beach, California. It would, therefore, appear appropriate to include civil turbojet'- powered transport-category airplanes under 75,000 lb in the proposed limitations.. SSF Comment on FAA Docket No. 239'z~3' Page Inasmuch as the City urges reliance on actually prevailing~ real-world, noise performance of-airplanes, and not on the results of laboratory-like product- certification tests under FAR 3~;, the foci' 1hat civil turbojet-powered transport- category airplanes under 75,000 lb are not currently subjecl to the regulations under FAR 36, should not impede the c~pplical'ion of a perI~inent production cut-off regulation to such aircraft. . Equity. of ailowinq export of noisy airplanes that wop. ld_not b_~e allowed to be operated into the U.S. The measure of noise sensitivity of geographic areas outside the United States varies greatly and, in any event, is subject to its assessment and regulation by other national governments. C;overnments and air carriers outside the United States have not hesitated, in the past, to place a practical ban on the noisy operation of U.S.-built aircraft by re-exporting the offending aircraft' back to the United States (note the disposal of the excessively noisy DC-D-50 aircraft by SWISSAIR). it would only appear fair that the United States protect its own citizens in a comparable manner, provided that due notice is given to foreign purchasers of aircraft that are to be exported with the stipulation that said aircraft would not be allowed to operate in the United States. Date of applicability for the proposed rule and aircraft t)~pes to which the rule would be applied. A review of the current state of the 'production technology and foreseeable economic impact of an early cut-off of production ale noisy Stage-Il aircraft' suggests that the proposed rule could be made applicable as of January !, 1986, both for airplane types currently subject to FAR 36 and for airplane types having a certificated gross weight of less than 75,000 lb, provided that the aircraft types be categorized in accordance with their ability, or inability, to emulate, the noise performance of Stage-Iii aircraft in [~eal-world operation at cfi!,rial noise- sensitive airports and not merely in terms of the laboratory-like airworthiness type-certification tests under FAR 3~;. . Effect o_.~n foreiqn commerce and~ particularly o._~n foreiqn air commerce. This issue is beyond the immediate concern of the City. However, the action by SWISSAIR described hereinbefore manifests the view of foreign air carriers and governments that the protection of their own peoples against excessive noise (]nd the interest of their national airline is paramount. Moreover, a noise-mitigating modification for the remaining FAR-3~; Stage-Il aircraft types already exists, (]nd comparable noise-improved models of types of aircraf! certificated to o gross weight of less than 75,000 lb also exist, so that a real-world noise criterion could be met, if a Stage-II! certification under FAF{ 36 could not be satisfied. Hence, the.. effect on foreign commerce and particularly on foreign air commerce could be reduced to near-zero. SSF Comment on FAA Docket No. 23943- P~je 7. Means of identification and enforcement o_[f proposed operalinq rule on ~ ..i,... forei.cln_ owned and operated airplanes. This question goes beyond the purview of the City of South, San. FronciSco~ California, but touches on subjects that apparently have already been resol've~ with reference to the identification and enforcement of other Federal ~,viation Regulations' with regard to the operation of foreign-owned and fore[gn-oDmrat~ airplanes on United States airports. Specific identification of types and sui~-ype of existing airplane models is made as a matter of rouline in: the listings,; of the Official Airline Guide (OAG) and in the printouts of computer-generated flight plans and flight strips by Air Route Traffic Control Centers (ARTCCs)~ of the Federal Aviation Administration. .. The City of South San FranCisco, California, is pleased to submit' the foregoing comments as a municipal corporation that is profoundly concerned over the i~t of aircraft noise on its citizens and residents. -The City is willing to provide oclditional information and clarification of its views in this matter and to participate thereby~ in the rule-making process. Class LEN dB (A) I ZRH: 101+ GVA: 97+ II ZRH: 98-100 GVA:94-96 III ZRH: 95-97 GVA: 91-93 IV 91-94 GVA: 87-90 v ZRH: 90 or less GVA: 86 or less Allocation of CH AIC · · .~ '-' .Table I Airplane Types to 136/83, eff.. April I, 1984. · . t¢oise Cateqories, ZRH = Zurich. _ _ _ GVA = Geneva-Cointrin. Airplane Type and Model DC-8-20/30/40 Airplane Type and Model - B-707-100 'through -400 BAC VC-10 (l100)/Super (1156)'' DC-8--50 I{S-.I21 Trident 1E/2E B-707-100B/- 300B/- 300C B-720 " B-727-200 ADV (JT8D-15/17) B-737-200 ADV (JT8D-15/17) *SAC 111-200/-300/-400/-500/-..539 *DC-8-61-F/-CF . . DC-8-63-F/-CF *B-720B B-727-100/-200 B-737-100/-200 Convair CV-990A DA-01 Mercure Series-100 · DC- 8-62 (-CF) DC-9-10/-20/-30 (Exc -34 Fokker-VFW F-28, Series 1-6000 · Gulfstream II/III Hansa Jet HFB-320 HS-125 Series-400/-600 (RR Viper) Airbus A-300 B2-100/-200/-300 Airbus A-300 B4 -100/--200 *Airbus A-300. C4 Airbus A-310-200 B-737-200 ADV/Mixed *B-737-300 B-747-100 (-F)/200 (-B/-C/-F) / /SP/300 SUD B-757-200 B-767-200- BAe-146-100/200 Canadair. CL-600/CT,-600E Oessna Citatio~ Series-I/-II/-III Corvette $R-601-100 * New Classification. *DC--9-34/40/50 HS--106 Comet -4B/-4C *HS-19.1 .Tr id ent--lC/- 3B*Ilyushin IL-76-M/-T/-SC*Ilyushin IL-86 SE-210 - 3/--6N/--6R Tupolev TU 134;% *'I lyush i n - IL-62-1~ Jetcommander 11..21 Jetstar L-1329 MK-1/MK-2 {JT12A) *Lear j et IA{-20 ~Pia99io PD-808 ~.Sabreliner NA-265, Se[ies -40/-60A (JTi2A) SE- 210-10B/-1OR/-llR/-12 Tupolev TU-154 --A/-B-B2 Westwin4 IAI-1123 (CJ 610) Yakovlev YAK-4[~ DC-8-70 DC-9-80 DC-'i 0-10/- 30/- BOER/- 40. Falcon -10/-20/-50 Fokker VFW-614 *HS-125-600/-700 (TFE 731) Jetstar L-1329/MK-2 (TFE 73~ Lear jet LR-30/--50 *Lockheed L-1011-385 Ser. 1-10~/-200/-500 *Mitsubishi MU-BOO Diamond 1: Morane MS-.760 *Sabreliner NA-265 Ser~65-80 Yakovlev MAK- 4,2 " Exhibit A JOHN ¥'~AYNE AIRPORT 18741 AIRPO~'[° WA'V NORTH (714) 834-2400 MURR¥ L CABLE A~ RPOI/alT MANAGE R POISE ABATEMEN'i~ PROGRAM QUARTERLY REPORT October For the period 1983 through Dacember 31, 1983. Prepared in Accordance with_ AIRPORT NOISE STAND~fRD STATE OF CALIFORNIA o Submitted by Hurry L. Cable Airport.}~nager John Wayne Airport Orange-County February 15, 1994 Exhibit B! AVERGE'SIIIGLE EVEHT i'[O'ISE. EXPOSURE LEVELS OCTOBER '- · · · .-. · .ItDNITOi:: 1 2 3 C'ARP. IER: AitEP,,ICAR AIRLIIIES 4 7 · AZ~CRAET TYPE ~C~-BO . Count 444. 432.. 410. 125. 75. 444. 443. £nersy Ave 96.Z- 89.0 88.3 93.3 BI./ 97.8 97.5 91.5 83.9 · · CA~RIE~: AI~CAL L A]RCRFT TYPE: Count eiB. COZ. 765..'~81. 43. 817. elY. · Enersy Ave 96.7 90.7 87.? 72.? 84.Z ~8.3 ?7.8 71,4 82.5 . · . '.. AIRCRAFT-TYPE: B737 '-' Count 373. 361. 360. 370. 51, Z96, 392, 366,. Ener3y A~e ?9.8 92.6 B?.B 100,2 87,0 I0i:7 101.7 94,2 84.7 CAR~IER: FROUTIER AIRLI)IES AIRCRAFT TYPE: ~Cg-BO C~un% 388, 360. 322, 156. 77. 3B6. 387. 369, 12, Ene)'0y Ave 94.4 86,8 8,5.6 72.8 83.6 97.4 96.8 89.7 R~F:CRRFT TYPE: ~7Z7 Coun~ 10. 10. 9. ~. 5. 10. 10 ~ 1 Energy Ave lOO,O 91.1 8~.9 Y5.2 84,0 102.1 103.0 73.8 0.0 . AIRCRAFT lYPE) ~C?-~0 k Count 575. 560, 537 ........ 20~ 70 57~ Energy ~ve ?7.B '~0.5 ?0.1 '73.0 B~.I ?B.7 ~B,3. ~I~? B3.0 CARRIER: ~EPU. BLIC AI~LII~ES '~ _- AI~CEAFT TYPE ~C9-80 '- ' Count 633. 616, 562. 223. 93. 630.- 634, 608. .15. % - Energy Ave 95.9 BB,6 87.0 .73;.2 83.3 98.4 97.7 89.8. A1RCRAFT TYPE: DC?' · - Count 206. 197. 182.. 183. 44. 1206. 205. IY3. 22. · ~ Ener0y Ave 99.7 89.1 88.2 ?7.7 86.0 102.5 I02.3 92.5 84.5 " CAP, RIER: UESTER)I AIRLI)!ES AIP. C~:AFT TYPE: I~737 Count, . 23. 23. 21. 24. 11. 23. 23. 22. Ener0y Ave ??.6 B?.? 88.4 ?B.3 85.1 102.3 102.'1 93.3 O -; 'AI£CRAFT 1YPE: )737~ (~O~IFZE~) ~iS~'~l'D~lf8 "~ :tne,~y 6ye ~7_0. B3.2 ~-~ 95_1 B~.5 ~.1 ~6.7~ 91.2 65.9 . . : . :' 'E~rs7 Ave ~A.3 92.0 :~3.7 9~.1 ~B.~ ~4.~ ?~.!) ~2_0 ~6.1 Proposed Rules. This section of the FEDERAL REGISTER contain~ notices to the public of the proposed issuance of roles and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final roles. DEPARTMENT OF TRANSPORTATION F~deral Aviation Administration 14 CFR Parts 36, 47, and 91 [Docket No. 23943; Petition Notice No. PR- 84-3] Petition for Rule Making of the National Organization To Insure a Sound-Controlled Environment and Airport Operators Council International; Noise Certification of Turbojet and Large Transport Category Aircraft AGENCY: Federal AViation Administration [r];',~.}. DOT. ' &C110N: Publication of petition for rule making; request for comments. SUMMARY: This notice publishes for public comment the petition of the National Organization to Insure a Sound-Controlled Environment {N.O.I.S.E) and the Airport Operators Council International (AOCI) dated March 16,1984, on behalf of its members for amendment of Parts 36, 47, and 91 of the Federal Aviation Regulations [14 CFR Parts 36, 4?, and 91). These parts relate to airplane noise certification and operation and prescribe both the noise level limits for aircraft production and the rules by which both foreign and domestically produced aircraft are registered and operated in the United States. The N.O.I.S.E./AOCI petition concerns these rules as they apply to civil turbojet powered transport category airplanes greater than 75,000 pounds that have not had any flight time prior to January 1,1986. Under the rule proposed in the petition, these aircraft would be prohibited from being registered or operated in the U.S. unless they were Wpe certificated to the Part 36 Stage 3 noise level limits. It should be noted that aircraft already in the fleet before January 1,1986, would not be affected by the proposed rule. The petition would involve rulemaking similar to that promulgated hy the FAA in 1973 (Amendments 36-2 and 21-39, published in 38 FR 29569, October 26, 1973), wherein further issuance of U.S. certificates of airworthiness were denied after December 31. 1973 to large turbojets powered by all engines except the JT3D and after December 31. 1974 for those powered by that engine. However, the petitioners' proposal would, if enacted, have some additional features. First, it would not inhibit continued production of the older, noisier airplanes by U.S. manufacturers for export purposes. Second, it would prohibit 'registration in the U.S. of foreign as well as U.S. built aircraft not .meeting the requirement. Third, the petition proposes to bar noncomplying aircraft from landing or taking off from any airport in the U.S. This latter proposal would specifically affect foreign operators. The FAA believes the petition should be published verbatim in order to fully expose it for public comment and to ensure full consideration of the issues raised. The notice sets forth the contents of the petition as received by the FAA without change, and its publication in accordance with FAA procedures governi~{g the processing of petitions for rule making does not represent an FAA position on the merits of the petition or an FAA proposal to amend the current noise rules. DANS: Comments must be received on or before June 1,1984. Am)R~SSS:$: Comments on the proposal may be.mailed in duplicate to: Federal Aviation Administration, Office of the Chief Counsel, Attn: Rules Docket (AGC-204), Docket No. ~943, 800 Independence Avenue, SW. Washington. D.C. 20591 or delivered in duplicate: Room 916, 800 Independence Avenue. SW.. Washington, D.C. 20591 Comments delivered must be marked: Docket No. 23943. Comments may be inspected at Room 916 between 8:30 a.m. and 5:00 p.m. FOR FURTHER INFORMATION CONTACT: Richard Tedrick, Noise Policy and Regulatory Branch (AEF-I10) Noise Abatement Division, Office of Environment and Energy, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, D.C. 20591; telephone 755-9027. 13375 Federal Register Vol, 49, No. 66 Wednesday. April 4, 1984 . SUPPLEMENTARY INFORMATION: Comments Invited Interested persons are invited to submit such written data. views, or arguments on the petition for rule making as they may desire. Communications should identify the docket or petition notice number and be submitted in duplicate to the address for submitting comments indicated above under the "ADI~ESS~S." All communications received on or before the closing date for comments will be considered by the FAA before taking action on the petition for rule making. All comments submitted will be available for examination in the Rules Docket both before and after the closing date for comments,' Issues The N.O.I.S.E./AOCI petition raises issues concerning 'the stringency of the noise certification requirements applicable to current and future production aircraft, the FAA's role in mitigating noise impacts around local airports, and distribution of the costs of mitigating those impacts. Therefore,' rather than publishing a synopsis, it is believed that public comments on 'the full text of-the petition would be helpful. · To assist the F,tS~ in its review of the petition, comments are specifically welcomed on the following matters concerning the petition: 1. Econcmic reasonableness and technological practicability of the proposal. 2. Appropriateness of excluding jet airplanes under 75,000 pounds from the proposed limitations. 3. Equity of allowing export of noisy airplanes that would not be allowed to operate into the U.S. 4. Date of applicability for the proposed rule and aircraft types to 'which the rule would be applied. , 5. Effect on foreign commerce and particularly on foreign air commerce. 6. Means of identification and enforcement of proposed operating rule on foreign owned and operated airplanes. List of Subjects 14 CFR Part 36 Noise standards. Aircraft type. Airworthiness certification. 14 C~R Port 47 Aircraft registration. 13376 Federal RegiSter ! Vol. 49, No. 66 / Wednesday, April 4, 1984 /.Proposed Rules 14 CFR Port 91 Operating noise limits. The Pefitkm Accordingly. th~ Federal Aviation Administratioa publishes verbatim for public comment the following petition for rule makin~ from the National Organization to Insure a Sound- Controlled Environment and the Airport Operators Council International, dated March 16, 1984. Issued in Washington on March 29, 1984. John H. Cassady, Assistant Chief Counsel, Regulations and' Enforcement Division. Petition for Rulemaking Noise Standards, Aircraft Type, Registration, .~.]rworihiness Certification Requested By: National Orgonizotioa To Insure a Sound-Controlled Environment [~o./.s.E.) Airport Operators Council International (AOCI) 1.0 Summary. This petition requests amendments to the Federal Aviation Regulations that would effectively end the production of those turbojet-powered transport category airplanes that do not comply with Stage 3 noise standards of FAR Part 36 and are to be operated in or into the United States. These amendments are requested to bring the regulations into conformance with available noise reduction technology and to bring future relief and protection to the public health and welfare imm aircraft noise in accordance with Pub. L. 92-574. Several million residents in communities near airports are suffering unacceptable levels of noise exposure from the operations of the present jet transport fleet, 93 percent of which are airplanes of older noise control technology {Stage I and 2 technology}. Stage 2 airplanes are the primary source of the noise problem: They are by far the most nUmerous, they include short-to- mediUm range airplanes that operate frequently, and they include designs with high noise levels. Although FAA regulations now in · place will end the operation of Stage .1 airplanes by 1988, present regulations permit the continued production of noisy · Stage 2 airplanes indefinitely. FAA forecasts indica'te that many of the Stage 2 airplanes presently in the fleet will continue operation into the next century. The continued addition of newly produced Stage 2 airplanes to the 'fleet, exacerbating the noise problem, will prolong the date of relief from the present unacceptable noise levels for an indefinite time into the next century. As the FAA has earlier recognized, ~ a major precondition of responsive local land-use decisions around airports 'is Federal action to firmly contain, at predictable and definable levels, the source of aviation noise. Without_such Federal activity, local land-use decisions are jeopardized and a firm basis for airline and airport planning is lacking. Moreover, as the FAA earlier recognized, the continued production of older aircraft designs is an economic disincentive to investment in new, quieter types of aircraft. It is recognized that the production of Stage 2 airplanes should be ended only when a variety of economical, quieter Stage 3 airplanes is available for purchase by the airlines. The point has now been reached where Stage 3 ' airplanes in a complete spectrum of payload and range capabilities are available. In addition, studies conducted jointly by the FAA and other member groups of the Committee on Aircraft Noise {CAN) of the International Civil Aviation Organization {ICAO] show that large operating cost savings can be realized by an accelerated conversion of purchases to those of Stage 3 airplanes. This petition therefore requests the adoption of amendments to the Federal ~.viation Regulations that would e£.%ctive!y end by January 1, 1986 the production of Stage 2'jet transport airp!anes for operation in the United States. 2.0 Proposed ru/e /anguage. 2.1 Add a new paragraph (4) to Part 36, Subpart A, Section 36.1(d) as follows: [4) The provisions of this Part in effect on (date of NPRM] except that for civil turbojet transport category airplanes with maximum weights greater than 75,000 lbs. that have not had any flight time prior to January 1, 1986 compliance must be shown with Stage 3 noise limits. 2.2 Add a new Section number 47.4 to Part 47, Subpart A as follows: 47.4 In addition to the other requirements, of Part 47, Subparts A and B, for the issuance of a Certificate of Aircraft Registration in effect on {date of NPRM) compliance must be shown with the Stage 3 noise limits and with the noise measurement and evaluation procedures for Stage 3 airplanes in Part 36 in effect on {date of NPRM] for civil subsonic turbojet airplanes with maximum weights of more than 75,000 lbs. that have not had any flight time before January 1, 1986. '2.3 Modify paragraph 9.301{a)[1] of Part 91, Subpart E to read as follows: [1) Sections 91.302, 91.303, 91.305, 91.306, 91.307 and 91.312 apply to civil o ~ Peramble t'o Amendment 38-2 of Part 36, October 19,1973. subsonic turbojet airplanes with maximum weights of more than 75,000 lbs. and 2.4 Add a new Section to Part 91. Subpart E as follows: 91.312 Airplanes newly produced after January 1, 1986. No person may land or take off an airplane that is covered in Section 91.301{a}{1} and tl~t has not had any flight time before January 1, 1986, unless that airplane has been shown to comply with the Stage 3 noise limits and the noise measurement and evaluation procedures prescribed for Stage 3 airplanes in Part 36 in effect on [date of NPRM]. 3.0 Petitioners' interests. The National Organization To Insure a Sound-controlled Environment {N.O.I.S.E.} is a national organization composed of local governments of cities and counties whose residents are involuntary aviation noise consumers. These include, among others, Minneapolis, and St. Paul, MN, near Minneapolis St. Paul International Airport; Aurora, CO, near Denver St.apleton International Airport; Inglewood, CA, near Los Angeles International Airport; College Park and Forest Park near Atlanta's Hartsfield International Airport; Hempstead, N.Y .. near ]ohn. F. Kennedy International Airport. The petition is submitted in response to pressures from the noise impacted residents of our cities and counties who are demanding appropriate technological and regulatory action for relief. Airport Operators Council International {AOCI} is the association of the governmental bodies which own and operate the principal airports in the United States, as well as in many countries abroad. AOCI members, such as those listed in the attachment, serve metropolitan regions in the United States which encompass the vast majority of citizens which are presently subjected to aircraft noise. Our U.S. member airports annually enplane more than 90 percent of the domestic and virtually all of the U.S. international scheduled airline passenger and cargo traffic. In addition, our local government members operate many reliever and 'other general aviation facilities which supplement the large airports in their communities and regions. 4.0 Discussion. Pub. L. 90-411. enacted by the Congress in 1968, directs the FAA to ' prescribe and amend regulations for the control and abatement of aircraft noise. and, in doing so, to consider whether any proposed standard or regulation is economically reasonable, technologically practicable, and 13378 Federal Register / Vol. 49, No: 66 / Wednesday, April 4, 1984 / Proposed Rules technology at the earliest practicable time: (1) Airport neighbors will enjoy welcome relief from excessive noise levels. ~ [2} Airlines will 'enjoy lower operating costs which can help reduce air fares paid by the travelling public. [3} Manufacturer's investments in new technology designs will be compensated. [PR Doc. 84.8715 Filed 4-3-04; 8:45 em] BILLING CODE #10-1~.M COMMODITY FUTURES TRADING COMMI881ON 17 CFR Plrte 3, 4 end 140 Commodity Pool Opemtor~ end Commodity Trading Advleort; Exemption From Registration lad From Subpart B of Part 4 for Certain Otherwi~e Regulated Per~ons lad Other Regulatory Requlremente AGENCY: Commodity Futures Trading Commission. ACTION: Proposed rules~ extension of comment period. SOMMARY:'On February 8, 1984, the Federal Resister published the Commission's proposed amendments to Parts 3, 4 and 140 of its regulations. 49 FR 4778. Among other thirds, these proposals would exempt certain otherwise regulated persons from regulation as a commodity pool operator. The comment period on the proposed amendments will expire on April 9, 1984. The Commission has received several requests for an extension of the comment period. Because the Commission wishes to be certain that all parties have an opportunity to finalize and submit their comments, it is allowing an additional 30 days for comment. ° DAleS: Accordingly, notice is hereby given that all comments on the Commission's proposed amendments to Part 3, 4 ~nd 140 of its regulations (49 FR 4778, February 8, 1984) must be submitted by May 9, 1984. -FOR FuRTHER INFORMATION CONTACT:. Barbara R. Steru, Special Counsel for. Commodity Pool Operators and Commodity Trading Advisors, {202) 254- 8955. Issued in Washington, D.C. on March 30, 1984. Jane K. Stuckey, Secretar~ of the Commission. [FR Doc. 84--8~83 Filed 4-4-~; &45 em] BI~ (~X)E ~361-01.-M ' DEPARTMENT OF ENERGY Federal Energy Regulatory Comml~lon 18 CFR PErt 271 , [Dm:kot No. RM79.-76-227 C41omdo-1 Ame~lment III] High-Colt Gas Produced From Tight Formetion~; Notice of Propoeed Rulemaklng AGENCY: Federal Energy Regulator, Commission, DOE. ACTION: Notice of proposed rulemaking. SUMMARY:. The Federal Regulatory Commission is authorized by section 10~[c][5] of the Natural Gas Policy Act of 1978,15 U.S.C. 3301-3432 [1982), to designate certain t~es of natural Sas as high-cost sas where the Commission determines that the 8as is produced under conditions which present extraordinary risks or costs. Under section 107[c]{5], the Commission issued a f'mal regulation desiguatins natural gas produced from tight formations as high-cost gas which may receive an incentive price (18 CFR 271.703 [1983]]. This rule established procedures for jurisdictional agencies to submit to the Commission recommendations of areas for designation as tight formations. This Notice of Proposed Rulemaking by the Director of the Office of Pipeline and Producer Regulation contains the recommendation of the State of Colorado that portions of the ] Sand Formation originally excluded by the Commission in Order No. 124 be included in the designated tight formation under § 271.703[d]. DAT~: Comments on the proposed rule are due on May 16, 1984. Public Hearing: No public hearing is scheduled in this docket as yet. Written requests for a public hearing are due on April 13, 1984. ADDRESS: Comments and requests for hearing must be filed with the Office of the Secretary, 825 North Capitol Street, N.E., Washington, D.C. 20426. FOR FuRTHER INFORMATION CONTACT:. Leslie Lawner, (202} 357-8511, or Victor Zabel, [202) 357-8616 SUPPLEMENTARY INFORMATION: In the matter of High-Cost Gas Produ~d from Tight Formations; Docket' No. RM79-76-227, (Colorado-1 Amendment III). -ISsued: March 22, 1984. I. Background On February 24, 1984, the State of Colorado Oil and Gas Conservation Commission [Colorado] submitted to the Commission a recommendation, in accordance with § 271.703 of the Commission's resulations (18 CFR 271.703 [1983]], that certain lands previously excluded from the ] Sand Formation be desisnated as a tisht formation pursuant to § 271.?03[d]. The ] Sand Formation underlies portions of Adams, Boulder and Weld Counties in north central Colorado. The Commission adopted, in part, Colorado's recommendation of JUly 9,1980, that the ] Sand Formation be designated as a tight formation in Order No. 124, issued January 23, 1981, in Docket No, RM79-76 (Colorado-I]. The description of the area as designated appears in § 271.?03(d][11] of the Commission's regulations. In Order No. 124, the Commission excluded certain lands contained in Colorado's recommendation fTom the designation under § 271.?03(c)(i][D), because it found that these areas had been subject to infill drilling orders, and informatiOn in Colorado's recommendation indicated that these areas could be developed absent the incentive price for tight fro'marion gas. A description of the excluded acreage appears in the . appendix to Order No. 124, in Docket No. RM?9-?6 (Colorado-Il. Colorado's recommendation contains economic data detailing current well development costs within the ] Sand Formation. Colorado proposes that twelve 320-acre non-contiguous drilling units now be included in the tight formation designation. Eleven of these units were excluded by the Commission in Order No. 124 and the twelfth unit, S ~ of Section 8, ToWnship 2 North, Range 67 West, was' not excluded by Order No. 124 but should have been ' excluded because of infill drilling. This Notice of Proposed Rulemaking is · issued under § 271.703(c](4] to determine whether Colorado's recommendation that the ] Sand Formation be desiguated a tight formation should be adopted amending § 271.703(d)(11] to add certain lands to the Wattenberg ] Sand tight formation area. Colorado's recommendation and supporting data are on file with the Commission and are available for public inspection. II. Description of Recommendation The units which Colorado" recommends are located in Township 1 North, Range 66 West, Section ?, S~: Township 1 North, Range 67-West, Section 18, N1/*; Township 2 North, Range 67 West, W~t of Section 2, S~ of Section 8, WYs of Section 9, N~ of Section 17, N¥s of Section 18, E~t of Section 32; Township 3 North, Range 66 Federal Register / Vol. 49. No. 66 ] Wednesday. April 4. 1984 ] Proposed Rules appropriate for the particular type of aircraft to which it will apply. One of the earliest responses of the FA ~, to this direction was th~ promulgation in 1969 of the first aircraft noise standards, which became a prerequisite for the issuance of aircraft type certificates. Aircraft of earlier designs, which were not able to meet new noise standards, are called Stage 1 airplanes, and airplanes that meet the 1969 standards are called Stage 2 airplanes. While it had been determined that economically reasonable technology was available to support Stage 2 standards for new designs in 1969, it had not been determined, at that time. that it was technologically or economically practicable to restrict the continued production of the earliel' Stage 1 designs. However, by 1973, it was determined ~hat the production lines could be economically converted to meet Stage 2 standards. The production of Stage 1 designs was therefore effective!y ended by an amendment of Part 36 effective in December 1973. By 1977, the FAA had determined that further developments in noise reduction technology had become available and could support even more stringent noise standard for airplanes of new design. Accordingly, more stringent standards (Stage 3 standards] were adopted and made applicable to new designs for which applications for type certificates were made after November 1975. Although Stage 3 airplanes (1) are now ,~vailable from aircraft manufacturers in a complete spectrum of payload and range capabilities, (2] have demonstrated lower fuel consumption and lower operating costs, and (3] have demonstrated noteworthy' reductions in Stage 2 airport community noise exposure, the FAA, in contrast with the action taken in 1973, has not yet acted to end the production or earlier and noisier airplane designs. Regulations that permit the uncontrolled, unlimited production of Stage 2 designs thus fall short of regulations ..... to provide for the control ..... of aircraft noise, in accordance with the requirements of Pub. L. 92-574. Because of their numbers, the frequency of their landings and takeoffs. and their high source noise levels, Stage 2 airplanes are the primary source of annoyance in communities around airports today. These airplanes represent 78 percent of the 1983 fleet of iet transports. Of the total fleet, the short-to-medium range twinjets and trijets of older noise technology are responsible for more than five times as many operations as all other types. 1337'7 The later model short-to-medium range Stage 2 twinjets and trijets produced during the past 10 years (e.g.. DC-~9. B727. B')'37 airplanes) have become especially noisy. Due to increases in operating weights and engine power, these airplanes expose more people to annoying levels than their Stage 2 prototype designs that began operating 18 years ago. Calculations of land areas that are exposed to annoying noise levels and that lie outside typical airport bo;mdaries show that Stage 2 Boeing 727.-200 and McDonnell Douglas DC-9- 50 airplanes expose 46 percent more area that their lower-powered predecessors. On the other hand. noise levels demonstrated for Stage 3 airplanes, now in production and designed for the short-to-medium range service responsible for the most frequent operations show large reductions relative to the order technology airplanes. FAA Advisory Circular 36--3C indicates reductions ranging from 5 to 17 decibels at takeoff and from 2 to 14 decibels at landing approach. Published airport noise monitor data for short to medium range airplanes designed for comparable service indicate reductions of 11 decibels at takeoff and 7 decibels at landing approach. Airport neighbors will perceive welcome relief when such noise reductions are experienced. It is commonly recognized that a reduction of 10 decibels is perceived as a 50% reduction in noisiness. This will result in major reductions of noise levels and noise impacted areas around airports. A study by the Los Angeles Department of Airports. for example, shows that the total area of sensitive residential property impacted by operations at Ontario International if using aircraft were all Stage 3 would be reduced to only 11% of that forecast for currently projected operations in 1985. More important than acoustical e.,~pressions such as Ldn or sheer acreage is the personal human impact of the individual noise event. Operational noise that stops conversations inside a home or interrupts normal activities such as using a telephone or listening to a radio or TV is in fact an invasive force that disrupts family life. The reduction of 50% or more in noise represented by even one Stage 3 aircraft replacing a Stage 2 version means that in every operation stress and disruption are .significantly reduced in hundreds of ' thousands of homes. Until 1980, Stage 3 technology was available only in large capacity airplanes powered by high bypass ratio turbofan engines (e.g., DC-10, (L--1011, B747. A300). However, Stage 3 airplanes in a complete spectrum of seating capacity and range are now in production or offered by manufacturers (seating capacities ranging from 90 to 480 and maximum ranges from 700 to 5300 miles). In addition, manufacturers' data show reduction in fuel consumption per seat-mile of up to 37 percent for Stage 3 airplances of equivalent category. The FAA recently participated in a study by an ICAO CAN working group on the question of effeCtively endi:~g the production of Chapter 2 airplanes. ("Chapter" is the ICAO equivalent of "Stage" in FAA nomenclature). Estimates were made of the additional number of Chapter 3/Stage 3 airplanes that would be purchased by airlines if purchases of Chapter 2/Stage 2 airplanes were terminated by regulation. Atthou~h the study indicated that a somewhat increased capital outlay by the airline industry would be required, large operating cost savings were indicated due to the substitution of the more efficient Chapter 3/Stage 3 airplanes. For the United States fleet, it was estimated that a 1985 cutoff date could force a requirement for an additional capital investment of $19 billion for the period 198~-2000, but it was estimated that operating cost savings of $19.0 billion would be realized in the same period. The report of the CAN working group noted that the absolute values of these estimates naturally depend on the assumptions made in the study, but it was considered that the relative values would provide a reasonat.;le guide to the financial consequences of any Chapter 2 limitation. Thus, the operating cost savings could repay the added capital requirements in about 2 years. The large magnitude of the estimated surplus of savings relative to capital costs should easily accommodate capital or cost elements that were overestimated, underestimated, or overlooked, and should assure adequate access to the credit markets. ~' This is more than a theoretical prediction. Three airlines have recently placed mixed orders for Stage 2 and Stage 3 versions of the same medium range jet passenger aircraft. When interviewed and asked why they had placed a mixed order, they all answered: We did~'t want any Stage 2's. We wanted all Stage 3's. even if they cost more. But we had to have some new planes fairly soon and the manufacturer couldn't supply the Stage 3 models on time. We had to take Stage 2's as second choice to meet our immediate needs. It is clearly in the public interest to convert the fleet to all-Stage 3