(1) No fixed wing aircraft with a maximum certificated gross takeoff weight greater than 12,500 pounds shall conduct an operation at Hanscom Field, other than an operation necessitated by an in-flight emergency, unless that aircraft is certificated for compliance with applicable noise emission standards established in Part 36 of the Federal Aviation Regulations ("FAR Part 36"). For purposes of 740 CMR 25.00 an aircraft shallbe treated as certificated for compliance with FAR Part 36 if it is a fixed wing aircraft which had flight time prior to December 31, 1974, and a showing is made to the reasonable satisfaction of the Executive Director that its noise level on takeoff is less than the FAR Part 36 noise level for aircraft of its weight first flown subsequent to December 31, 1974. To make the showing of Part 36 equivalence called for in the foregoing paragraph an operator of the aircraft shall produce the following documentation satisfactory to the Executive Director:

1. (a) certificate indicating date of manufacture; and

2. (b) 1. noise emission measurement data taken during test conditions approved by the FAA or which have been published in an FAA Advisory Circular as the noise emission measurement or FAA estimated noise measurement for the aircraft type in question for FAR Part 36 comparison purposes.

   1. 2. if 740 CMR 25.02(1)(b)1. is unavailable, noise emission data and calculations which demonstrate to the Executive Director probable compliance with the applicable FAR Part 36 noise level for takeoff at the aircraft's certified maximum gross takeoff weight are acceptable. If this alternative method is the basis for obtaining permission to operate at Hanscom Field, such permission may be revoked if subsequent measurement of its takeoff noise at Hanscom Field exceeds the applicable FAR Part 36 takeoff noise level. The measurementshall be taken at the takeoff position with wind, humidity and temperature conditions meeting the allowable FAR Part 36 conditions. For the purpose of this determination, if the A-weighted sound is measured, the EPNL is deemed to be 4 dB greater than the A-weighted sound exposure level.

(2) Deferred compliance and substituted surcharges for certain aircraft: An aircraft otherwise prohibited from operating at Hanscom under 740 CMR 25.02(1), but which conducted no fewer than ten takeoff operations at Hanscom during calendar year 1979, may continue to be operated at Hanscom until December 31, 1985, by the operator operating in 1979, subject to a field use surcharge for each takeoff operation in excess of a number established by the following schedule:

1. (a) Takeoff Operations Exempted From Surcharge Shall Be The Total Number of Takeoff Operations in 1979 Multiplied by the Following Percentage July - December, 1980 - 50% Calendar Year 1981 -100% Calendar Year 1982 - 80% Calendar Year 1983 - 60% Calendar Year 1984 - 40% Calendar Year 1985 - 20%
2. (b) Surcharge For Each Operation In Excess of Maximum Allowable. July - December, 1980 $50.00 Calendar Year 1981 50.00 Calendar Year 1982 50.00 Calendar Year 1983 100.00 Calendar Year 1984 100.00 Calendar Year 1985 200.00

3. (c) A statement as to the number of actual operations conducted in the calendar year 1979 by the particular aircraft in question must be submitted to the Executive Director prior to any grant of exemption hereunder and must be verified by any of the following documents in form satisfactory to the Authority:

   1. 1. records maintained by fixed base operators providing services to the aircraft in question at the time of each operation.
   2. 2. pilots' logs maintained in the normal course of business which reflect actual times and dates of operations.
   3. 3. corporate records maintained in the normal course of business indicating the date and extent of the actual operations conducted by the aircraft in question.
4. (d) The Executive Director shall review this statement together with supporting documentation and advise the operator within 30 days of the date of receipt as to whether the aircraft is found to qualify for deferred compliance as well as the base number of takeoff operations to be conducted bythataircraft and without impositions of the special surcharge. These surcharge exemptions apply to particular aircraft and may not be transferred.

(3) Surcharge for certain itinerant aircraft: An aircraft which is prohibited from operating at Hanscom under 740 CMR 25.02(1) and which does not qualify for deferred compliance under 740 CMR 25.02(2) shall be exempt from the prohibition for no more than four operations per calendar year, subject to a payment of the following field use surcharges for each takeoff:

July - December, 1980 $50.00 Calendar Year 1981 50.00 Calendar Year 1982 50.00 Calendar Year 1983 100.00 Calendar Year 1984 100.00 Calendar Year 1985 200.00