767
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.
(c) New entrants do not have a base
level.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56
FR 51167, Oct. 10, 1991]
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