title-14-part-91-sec91-851

765

Federal Aviation Administration, DOT

§ 91.851

(b)

Airport use. Except in an emer-

gency, the following apply to each per-
son who operates a civil supersonic air-
plane to or from an airport in the
United States:

(1) Regardless of whether a type de-

sign change approval is applied for
under part 21 of this chapter, no person
may land or take off an airplane cov-
ered by this section for which the type
design is changed, after July 31, 1978, in
a manner constituting an ‘‘acoustical
change’’ under § 21.93 unless the acous-
tical change requirements of part 36
are complied with.

(2) No flight may be scheduled, or

otherwise planned, for takeoff or land-
ing after 10 p.m. and before 7 a.m. local
time.

§ 91.821

Civil supersonic airplanes:

Noise limits.

Except for Concorde airplanes having

flight time before January 1, 1980, no
person may operate in the United
States, a civil supersonic airplane that
does not comply with Stage 2 noise
limits of part 36 in effect on October 13,
1977, using applicable trade-off provi-
sions.

§§ 91.823–91.849

[Reserved]

§ 91.851

Definitions.

For the purposes of §§ 91.851 through

91.877 of this subpart:

Chapter 4 noise level means a noise

level at or below the maximum noise
level prescribed in Chapter 4, Para-
graph 4.4, Maximum Noise Levels, of
the International Civil Aviation Orga-
nization (ICAO) Annex 16, Volume I,
Amendment 7, effective March 21, 2002.
The Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51 approved the incorporation
by reference of this document, which
can be obtained from the International
Civil Aviation Organization (ICAO),
Document Sales Unit, 999 University
Street, Montreal, Quebec H3C 5H7, Can-
ada. Also, you may obtain documents
on the Internet at

http://www.ICAO.int/

eshop/index.cfm. Copies may be reviewed
at the U.S. Department of Transpor-
tation, Docket Operations, West Build-
ing Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590 or at the National Archives

and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to:

http://www.archives.gov/

federal

register/

code

federal

regulations/

ibr

locations.html.

Contiguous United States means the

area encompassed by the 48 contiguous
United States and the District of Co-
lumbia.

Fleet means those civil subsonic jet

(turbojet) airplanes with a maximum
certificated weight of more than 75,000
pounds that are listed on an operator’s
operations specifications as eligible for
operation in the contiguous United
States.

Import means a change in ownership

of an airplane from a non-U.S. person
to a U.S. person when the airplane is
brought into the United States for op-
eration.

Operations specifications means an

enumeration of airplanes by type,
model, series, and serial number oper-
ated by the operator or foreign air car-
rier on a given day, regardless of how
or whether such airplanes are formally
listed or designated by the operator.

Owner means any person that has in-

dicia of ownership sufficient to register
the airplane in the United States pur-
suant to part 47 of this chapter.

New entrant means an air carrier or

foreign air carrier that, on or before
November 5, 1990, did not conduct oper-
ations under part 121 or 129 of this
chapter using an airplane covered by
this subpart to or from any airport in
the contiguous United States, but that
initiates such operation after that
date.

Stage 2 noise levels mean the require-

ments for Stage 2 noise levels as de-
fined in part 36 of this chapter in effect
on November 5, 1990.

Stage 3 noise levels mean the require-

ments for Stage 3 noise levels as de-
fined in part 36 of this chapter in effect
on November 5, 1990.

Stage 4 noise level means a noise level

at or below the Stage 4 noise limit pre-
scribed in part 36 of this chapter.

Stage 2 airplane means a civil sub-

sonic jet (turbojet) airplane with a
maximum certificated weight of 75,000
pounds or more that complies with

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14 CFR Ch. I (1–1–24 Edition)

§ 91.853

Stage 2 noise levels as defined in part
36 of this chapter.

Stage 3 airplane means a civil sub-

sonic jet (turbojet) airplane with a
maximum certificated weight of 75,000
pounds or more that complies with
Stage 3 noise levels as defined in part
36 of this chapter.

Stage 4 airplane means an airplane

that has been shown not to exceed the
Stage 4 noise limit prescribed in part 36
of this chapter. A Stage 4 airplane
complies with all of the noise oper-
ating rules of this part.

Stage 5 airplane means an airplane

that has been shown not to exceed the
Stage 5 noise limit prescribed in part 36
of this chapter. A Stage 5 airplane
complies with all of the noise oper-
ating rules of this part.

Stage 5 noise level means a noise level

at or below the Stage 5 noise limit pre-
scribed in part 36 of this chapter.

[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as
amended by Amdt. 91–252, 61 FR 66185, Dec.
16, 1996; Amdt. 91–275, 67 FR 45237, July 8,
2002; Amdt. 91–288, 70 FR 38749, July 5, 2005; 72
FR 68475, Dec. 5, 2007; Docket FAA–2015–3782,
Amdt. 91–349, 82 FR 46132, Oct. 4, 2017]

§ 91.853

Final compliance: Civil sub-

sonic airplanes.

Except as provided in § 91.873, after

December 31, 1999, no person shall oper-
ate to or from any airport in the con-
tiguous United States any airplane
subject to § 91.801(c), unless that air-
plane has been shown to comply with
Stage 3, Stage 4, or Stage 5 noise lev-
els.

[Docket FAA–2015–3782, Amdt. 91–349, 82 FR
46132, Oct. 4, 2017]

§ 91.855

Entry and nonaddition rule.

No person may operate any airplane

subject to § 91.801(c) of this subpart to
or from an airport in the contiguous
United States unless one or more of the
following apply:

(a) The airplane complies with Stage

3, Stage 4, or Stage 5 noise levels.

(b) The airplane complies with Stage

2 noise levels and was owned by a U.S.
person on and since November 5, 1990.
Stage 2 airplanes that meet these cri-
teria and are leased to foreign airlines
are also subject to the return provi-
sions of paragraph (e) of this section.

2 noise levels, is owned by a non-U.S.
person, and is the subject of a binding
lease to a U.S. person effective before
and on September 25, 1991. Any such
airplane may be operated for the term
of the lease in effect on that date, and
any extensions thereof provided for in
that lease.

(d) The airplane complies with Stage

2 noise levels and is operated by a for-
eign air carrier.

(e) The airplane complies with Stage

2 noise levels and is operated by a for-
eign operator other than for the pur-
pose of foreign air commerce.

(f) The airplane complies with Stage

2 noise levels and—

(1) On November 5, 1990, was owned

by:

(i) A corporation, trust, or partner-

ship organized under the laws of the
United States or any State (including
individual States, territories, posses-
sions, and the District of Columbia);

(ii) An individual who is a citizen of

the United States; or

(iii) An entity owned or controlled by

a corporation, trust, partnership, or in-
dividual described in paragraph (f)(1) (i)
or (ii) of this section; and

(2) Enters into the United States not

later than 6 months after the expira-
tion of a lease agreement (including
any extensions thereof) between an
owner described in paragraph (f)(1) of
this section and a foreign airline.

(g) The airplane complies with Stage

2 noise levels and was purchased by the
importer under a written contract exe-
cuted before November 5, 1990.

(h) Any Stage 2 airplane described in

this section is eligible for operation in
the contiguous United States only as
provided under § 91.865 or 91.867.

[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991; 56
FR 51167, Oct. 10, 1991, as amended by Amdt.
91–288, 70 FR 38750, July 5, 2005; Docket FAA–
2015–3782, Amdt. 91–349, 82 FR 46132, Oct. 4,
2017]

§ 91.857

Stage 2 operations outside of

the 48 contiguous United States.

An operator of a Stage 2 airplane

that is operating only between points
outside the contiguous United States
on or after November 5, 1990, must in-
clude in its operations specifications a
statement that such airplane may not