766 

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. 

(c) The airplane complies with Stage 

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 

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