Jackson Hole Adopting Stage 2 Ban

ANN has learned from NBAA that The Jackson Hole (WY) Airport has announced that it intends to ban operations by all Stage 2 aircraft under 75,000 pounds. The proposed rule would provide exceptions for (1) operations in response to in-flight aircraft emergencies, or (2) with appropriate authorization, operations for emergency medical purposes or in furtherance of the public health, safety, and welfare (such as fire suppression and rescue). Willful violations of the ban would be punishable by a fine of up to $750 and imprisonment of up to one year for each violation. The Airport has asserted the authority to impose the ban under a provision of the 2003 FAA reauthorization act (shown below) to which the requirements of Part 161 do not apply.

The Jackson Hole Airport Board is scheduled to consider the ban at its regular April meeting, currently scheduled for April 21, 2004. As presently proposed, the ban would take effect two months after adoption. If adopted on April 21, 2004, the effective date would be June 21, 2004.

The proposal includes a provision that would postpone the effective date with respect to any Stage 2 aircraft whose owner submits documentation to the Airport Director at least one month before the effective date showing that the owner has either (1) contracted for, and paid a deposit on, a Stage 3 hush kit, or (2) contracted for, and paid a deposit on, a replacement Stage 3 aircraft. In those cases, the effective date would be postponed until 6 months after the submission of that documentation.

The Airport Board has solicited written comments on the proposed ban, and also has set a date for a public hearing. The public hearing will be held March 17, 2004 at 10:30 a.m. in the Board Room at the Jackson Hole Airport. Persons wishing to comment at the hearing should notify the Airport Director in advance in writing or by telephone:

Written comments on the proposed ban may be submitted to the Airport Director at POB 159, Jackson, Wyoming 83001. The deadline for written comments is April 15, 2004.

Vision-100 Language

SEC. 825. NOISE CONTROL PLAN FOR CERTAIN AIRPORTS.

(a) IN GENERAL.-Notwithstanding chapter 475 of title 49, United States Code, or any other provision of law or regulation, a sponsor of a commercial service airport that does not own the airport land and is a party to a long-term lease agreement with a Federal agency (other than the Department of Defense or the Department of Transportation) may impose restrictions on, or prohibit, the operation of Stage 2 aircraft weighing less than 75,000 pounds, in order to help meet the noise control plan contained within the lease agreement. A use restriction imposed pursuant to this section must contain reasonable exemptions for public health and safety.

(b) PUBLIC NOTICE AND COMMENT.-Prior to imposing restrictions on, or prohibiting, the operation of Stage 2 aircraft weighing less than 75,000 pounds, the airport sponsor must provide reasonable notice and the opportunity to comment on the proposed airport use restriction limited to no more than 90 days.

(c) DEFINITIONS.-In this section, the terms ‘‘Stage 2 aircraft’’ and ‘‘Stage 3 aircraft’’ have the same meaning as those terms have in chapter 475 of title 49, United States Code.

FMI: www.nbaa.org