title-14-part-91-sec91-805

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14 CFR Ch. I (1–1–24 Edition)

§ 91.803

stages of noise levels, the terms used to
describe airplanes with respect to those
levels, and the terms ‘‘subsonic air-
plane’’ and ‘‘supersonic airplane’’ have
the meanings specified under part 36 of
this chapter. For purposes of this sub-
part, for subsonic airplanes operated in
foreign air commerce in the United
States, the Administrator may accept
compliance with the noise require-
ments under annex 16 of the Inter-
national Civil Aviation Organization
when those requirements have been
shown to be substantially compatible
with, and achieve results equivalent to
those achievable under, part 36 for that
airplane. Determinations made under
these provisions are subject to the lim-
itations of § 36.5 of this chapter as if
those noise levels were part 36 noise
levels.

this subpart prescribe operating noise
limits and related requirements that
apply to any civil subsonic jet (tur-
bojet) airplane (for which an airworthi-
ness certificate other than an experi-
mental certificate has been issued by
the Administrator) with a maximum
certificated takeoff weight of more
than 75,000 pounds operating to or from
an airport in the 48 contiguous United
States and the District of Columbia
under this part, parts 121, 125, 129, or
135 of this chapter on and after Sep-
tember 25, 1991.

(d) Section 91.877 prescribes reporting

requirements that apply to any civil
subsonic jet (turbojet) airplane with a
maximum weight of more than 75,000
pounds operated by an air carrier or
foreign air carrier between the contig-
uous United States and the State of
Hawaii, between the State of Hawaii
and any point outside of the 48 contig-
uous United States, or between the is-
lands of Hawaii in turnaround service,
under part 121 or 129 of this chapter on
or after November 5, 1990.

(e) Sections 91.881 through 91.883 of

this subpart prescribe operating noise
limits and related requirements that
apply to any civil subsonic jet airplane
with a maximum takeoff weight of
75,000 pounds or less and for which an
airworthiness certificate (other than
an experimental certificate) has been
issued, operating to or from an airport
in the contiguous United States under

this part, part 121, 125, 129, or 135 of
this chapter on and after December 31,
2015.

[Doc. No. 18334, 54 FR 34321, Aug. 18, 1989;
Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as
amended by Amdt. 91–225, 56 FR 48658, Sept.
25, 1991; Amdt. 91–252, 61 FR 66185, Dec. 16,
1996; Amdt. 91–275, 67 FR 45237, July 8, 2002;
Amdt. 91–276, 67 FR 46571, July 15, 2002;
Amdt. 91–328, 78 FR 39583, July 2, 2013]

§ 91.803

Part 125 operators: Designa-

tion of applicable regulations.

For airplanes covered by this subpart

and operated under part 125 of this
chapter, the following regulations
apply as specified:

(a) For each airplane operation to

which requirements prescribed under
this subpart applied before November
29, 1980, those requirements of this sub-
part continue to apply.

(b) For each subsonic airplane oper-

ation to which requirements prescribed
under this subpart did not apply before
November 29, 1980, because the airplane
was not operated in the United States
under this part or part 121, 129, or 135 of
this chapter, the requirements pre-
scribed under § 91.805 of this subpart
apply.

(d) For each airplane required to op-

erate under part 125 for which a devi-
ation under that part is approved to
operate, in whole or in part, under this
part or part 121, 129, or 135 of this chap-
ter, notwithstanding the approval, the
requirements prescribed under para-
graphs (a), (b), and (c) of this section
continue to apply.

[Doc. No. 18334, 54 FR 34321, Aug. 18, 1989, as
amended by Amdt. 91–276, 67 FR 46571, July
15, 2002]

§ 91.805

Final compliance: Subsonic

airplanes.

Except as provided in §§ 91.809 and

91.811, on and after January 1, 1985, no
person may operate to or from an air-
port in the United States any subsonic
airplane covered by this subpart unless

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§ 91.818

that airplane has been shown to com-
ply with Stage 2 or Stage 3 noise levels
under part 36 of this chapter.

§§ 91.807–91.813

[Reserved]

§ 91.815

Agricultural and fire fighting

airplanes: Noise operating limita-
tions.

(a) This section applies to propeller-

driven, small airplanes having standard
airworthiness certificates that are de-
signed for ‘‘agricultural aircraft oper-
ations’’ (as defined in § 137.3 of this
chapter, as effective on January 1, 1966)
or for dispensing fire fighting mate-
rials.

(b) If the Airplane Flight Manual, or

other approved manual material infor-
mation, markings, or placards for the
airplane indicate that the airplane has
not been shown to comply with the
noise limits under part 36 of this chap-
ter, no person may operate that air-
plane, except—

(1) To the extent necessary to accom-

plish the work activity directly associ-
ated with the purpose for which it is
designed;

(2) To provide flight crewmember

training in the special purpose oper-
ation for which the airplane is de-
signed; and

(3) To conduct ‘‘nondispensing aerial

work operations’’ in accordance with
the requirements under § 137.29(c) of
this chapter.

§ 91.817

Civil aircraft sonic boom.

(a) No person may operate a civil air-

craft in the United States at a true
flight Mach number greater than 1 ex-
cept in compliance with conditions and
limitations in an authorization to ex-
ceed Mach 1 issued to the operator in
accordance with § 91.818.

(b) In addition, no person may oper-

ate a civil aircraft for which the max-
imum operating limit speed M

ex-

ceeds a Mach number of 1, to or from
an airport in the United States, un-
less—

(1) Information available to the

flight crew includes flight limitations
that ensure that flights entering or
leaving the United States will not
cause a sonic boom to reach the surface
within the United States; and

(2) The operator complies with the

flight limitations prescribed in para-
graph (b)(1) of this section or complies
with conditions and limitations in an
authorization to exceed Mach 1 issued
in accordance with § 91.818.

(Approved by the Office of Management and
Budget under control number 2120–0005)

[Docket No. 18334, 54 FR 34321, Aug. 18, 1989,
as amended by Amdt. No. 91–362, 86 FR 3792,
Jan. 15, 2021]

§ 91.818

Special flight authorization to

exceed Mach 1.

For all civil aircraft, any operation

that exceeds Mach 1 may be conducted
only in accordance with a special flight
authorization issued to an operator in
accordance with the requirements of
this section.

(a)

Application. Application for a spe-

cial flight authorization to exceed
Mach 1 must be made to the FAA Of-
fice of Environment and Energy for
consideration by the Administrator.
Each application must include:

(1) The name of the operator;
(2) The number and model(s) of the

aircraft to be operated;

(3) The number of proposed flights;
(4) The date range during which the

flight(s) would be conducted;

(5) The time of day the flight(s)

would be conducted. Proposed night op-
erations may require further justifica-
tion for their necessity;

(6) A description of the flight area re-

quested by the applicant, including any
environmental information required to
be submitted pursuant to paragraph (c)
of this section;

(7) All conditions and limitations on

the flight(s) that will ensure that no
measurable sonic boom overpressure
will reach the surface outside of the
proposed flight area; and

(8) The reason(s) that operation at a

speed greater than Mach 1 is necessary.
A special flight authorization to exceed
Mach 1 may be granted only for oper-
ations that are intended to:

(i) Show compliance with airworthi-

ness requirements;

(ii) Determine the sonic boom char-

acteristics of an aircraft;

(iii) Establish a means of reducing or

eliminating the effects of sonic boom,
including flight profiles and special
features of an aircraft;