title-14-part-91-sec91-857

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.

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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Federal Aviation Administration, DOT

§ 91.861

be used to provide air transportation to
or from any airport in the contiguous
United States.

[Doc. No. FAA–2002–12771, 67 FR 46571, July
15, 2002]

§ 91.858

Special flight authorizations

for non-revenue Stage 2 operations.

(a) After December 31, 1999, any oper-

ator of a Stage 2 airplane over 75,000
pounds may operate that airplane in
nonrevenue service in the contiguous
United States only for the following
purposes:

(1) Sell, lease, or scrap the airplane;
(2) Obtain modifications to meet

Stage 3, Stage 4, or Stage 5 noise lev-
els.

(3) Obtain scheduled heavy mainte-

nance or significant modifications;

(4) Deliver the airplane to a lessee or

return it to a lessor;

(5) Park or store the airplane; and
(6) Prepare the airplane for any of

the purposes listed in paragraph (a)(1)
thru (a)(5) of this section.

(b) An operator of a Stage 2 airplane

that needs to operate in the contiguous
United States for any of the purposes
listed above may apply to FAA’s Office
of Environment and Energy for a spe-
cial flight authorization. The applicant
must file in advance. Applications are
due 30 days in advance of the planned
flight and must provide the informa-
tion necessary for the FAA to deter-
mine that the planned flight is within
the limits prescribed in the law.

[Doc. No. FAA–2002–12771, 67 FR 46571, July
15, 2002, as amended by Docket FAA–2015–
3782, Amdt. 91–349, 82 FR 46132, Oct. 4, 2017]

§ 91.859

Modification to meet Stage 3,

Stage 4, or Stage 5 noise levels.

For an airplane subject to § 91.801(c)

of this subpart and otherwise prohib-
ited from operation to or from an air-
port in the contiguous United States
by § 91.855, any person may apply for a
special flight authorization for that
airplane to operate in the contiguous
United States for the purpose of ob-
taining modifications to meet Stage 3,
Stage 4, or Stage 5 noise levels.

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

§ 91.861

Base level.

(a)

U.S. Operators. The base level of a

U.S. operator is equal to the number of
owned or leased Stage 2 airplanes sub-
ject to § 91.801(c) of this subpart that
were listed on that operator’s oper-
ations specifications for operations to
or from airports in the contiguous
United States on any one day selected
by the operator during the period Jan-
uary 1, 1990, through July 1, 1991, plus
or minus adjustments made pursuant
to paragraphs (a) (1) and (2).

(1) The base level of a U.S. operator

shall be increased by a number equal to
the total of the following—

(i) The number of Stage 2 airplanes

returned to service in the United
States pursuant to § 91.855(f);

(ii) The number of Stage 2 airplanes

purchased pursuant to § 91.855(g); and

(iii) Any U.S. operator base level ac-

quired with a Stage 2 airplane trans-
ferred from another person under
§ 91.863.

(2) The base level of a U.S. operator

shall be decreased by the amount of
U.S. operator base level transferred
with the corresponding number of
Stage 2 airplanes to another person
under § 91.863.

(b) Foreign air carriers. The base

level of a foreign air carrier is equal to
the number of owned or leased Stage 2
airplanes that were listed on that car-
rier’s U.S. operations specifications on
any one day during the period January
1, 1990, through July 1, 1991, plus or
minus any adjustments to the base lev-
els made pursuant to paragraphs (b) (1)
and (2).

(1) The base level of a foreign air car-

rier shall be increased by the amount
of foreign air carrier base level ac-
quired with a Stage 2 airplane from an-
other person under § 91.863.

(2) The base level of a foreign air car-

rier shall be decreased by the amount
of foreign air carrier base level trans-
ferred with a Stage 2 airplane to an-
other person under § 91.863.

level.

[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56
FR 51167, Oct. 10, 1991]