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771 

Federal Aviation Administration, DOT 

§ 91.877 

(i) The date used to establish its base 

level pursuant to § 91.861(a); and 

(ii) A list of those Stage 2 airplanes 

(by type, model, series and serial num-
ber) in its base level, including adjust-
ments made pursuant to § 91.861 after 
the date its base level was established. 

(2) For each U.S. operator: 
(i) A plan to meet the compliance 

schedules in § 91.865 or § 91.867 and the 
final compliance date of § 91.853, includ-
ing the schedule for delivery of replace-
ment Stage 3 airplanes or the installa-
tion of noise abatement retrofit equip-
ment; and 

(ii) A separate list (by type, model, 

series, and serial number) of those air-
planes included in the operator’s base 
level, pursuant to § 91.861(a)(1) (i) and 
(ii), under the categories ‘‘returned’’ or 
‘‘purchased,’’ along with the date each 
was added to its operations specifica-
tions. 

(c) Each operator subject to § 91.865 or 

§ 91.867 of this chapter shall submit sub-
sequent annual progress reports cov-
ering the calendar year preceding the 
report and including any changes in 
the information provided in paragraphs 
(a) and (b) of this section; including the 
use of any carry-forward credits pursu-
ant to § 91.869. 

(d) An operator may request, in any 

report, that specific planning data be 
considered proprietary. 

(e) If an operator’s actions during 

any reporting period cause it to 
achieve compliance with § 91.853, the re-
port should include a statement to that 
effect. Further progress reports are not 
required unless there is any change in 
the information reported pursuant to 
paragraph (a) of this section. 

(f) For each U.S. operator subject to 

§ 91.865, progress reports submitted for 
calendar years 1994, 1996, and 1998, shall 
also state how the operator achieved 
compliance with the requirements of 
that section, i.e.— 

(1) By reducing the number of Stage 

2 airplanes in its fleet to no more than 
the maximum permitted percentage of 
its base level under § 91.865(b), or 

(2) By operating a fleet that consists 

of at least the minimum required per-

centage of Stage 3 airplanes under 
§ 91.865(d). 

(Approved by the Office of Management and 
Budget under control number 2120–0553) 

[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 
FR 51168, Oct. 10, 1991, as amended by 57 FR 
5977, Feb. 19, 1992] 

§ 91.877

Annual reporting of Hawaiian 

operations. 

(a) Each air carrier or foreign air car-

rier subject to § 91.865 or § 91.867 of this 
part that conducts operations between 
the contiguous United States and the 
State of Hawaii, between the State of 
Hawaii and any point outside of the 
contiguous United States, or between 
the islands of Hawaii in turnaround 
service, on or since November 5, 1990, 
shall include in its annual report the 
information described in paragraph (c) 
of this section. 

(b) Each air carrier or foreign air car-

rier not subject to § 91.865 or § 91.867 of 
this part that conducts operations be-
tween the contiguous U.S. and the 
State of Hawaii, between the State of 
Hawaii and any point outside of the 
contiguous United States, or between 
the islands of Hawaii in turnaround 
service, on or since November 5, 1990, 
shall submit an annual report to the 
FAA, Office of Environment and En-
ergy, on its compliance with the Ha-
waiian operations provisions of 49 
U.S.C. 47528. Such reports shall be sub-
mitted no later than 45 days after the 
end of a calendar year. All progress re-
ports must provide the information 
through the end of the calendar year, 
be certified by the operator as true and 
complete (under penalty of 18 U.S.C. 
1001), and include the following infor-
mation— 

(1) The name and address of the air 

carrier or foreign air carrier; 

(2) The name, title, and telephone 

number of the person designated by the 
air carrier or foreign air carrier to be 
responsible for ensuring the accuracy 
of the information in the report; and 

(3) The information specified in para-

graph (c) of this section. 

(c) The following information must 

be included in reports filed pursuant to 
this section— 

(1) For operations conducted between 

the contiguous United States and the 
State of Hawaii— 

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772 

14 CFR Ch. I (1–1–24 Edition) 

§§ 91.879–91.880 

(i) The number of Stage 2 airplanes 

used to conduct such operations as of 
November 5, 1990; 

(ii) Any change to that number dur-

ing the calendar year being reported, 
including the date of such change; 

(2) For air carriers that conduct 

inter-island turnaround service in the 
State of Hawaii— 

(i) The number of Stage 2 airplanes 

used to conduct such operations as of 
November 5, 1990; 

(ii) Any change to that number dur-

ing the calendar year being reported, 
including the date of such change; 

(iii) For an air carrier that provided 

inter-island trunaround service within 
the state of Hawaii on November 5, 
1990, the number reported under para-
graph (c)(2)(i) of this section may in-
clude all Stage 2 airplanes with a max-
imum certificated takeoff weight of 
more than 75,000 pounds that were 
owned or leased by the air carrier on 
November 5, 1990, regardless of whether 
such airplanes were operated by that 
air carrier or foreign air carrier on 
that date. 

(3) For operations conducted between 

the State of Hawaii and a point outside 
the contiguous United States— 

(i) The number of Stage 2 airplanes 

used to conduct such operations as of 
November 5, 1990; and 

(ii) Any change to that number dur-

ing the calendar year being reported, 
including the date of such change. 

(d) Reports or amended reports for 

years predating this regulation are re-
quired to be filed concurrently with the 
next annual report. 

[Doc. No. 28213, 61 FR 66185, Dec. 16, 1996] 

§§ 91.879–91.880

[Reserved] 

§ 91.881

Final compliance: Civil sub-

sonic jet airplanes weighing 75,000 
pounds or less. 

Except as provided in § 91.883, after 

December 31, 2015, a person may not op-
erate to or from an airport in the con-
tiguous United States a civil subsonic 
jet airplane subject to § 91.801(e) of this 
subpart that weighs less than 75,000 
pounds unless that airplane has been 
shown to comply with Stage 3, Stage 4, 
or Stage 5 noise levels. 

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

§ 91.883

Special flight authorizations 

for jet airplanes weighing 75,000 
pounds or less. 

(a) After December 31, 2015, an oper-

ator of a jet airplane weighing 75,000 
pounds or less that does not comply 
with Stage 3 noise levels may, when 
granted a special flight authorization 
by the FAA, operate that airplane in 
the contiguous United States only for 
one of the following purposes: 

(1) To sell, lease, or use the airplane 

outside the 48 contiguous States; 

(2) To scrap the airplane; 
(3) To obtain modifications to the 

airplane to meet Stage 3, Stage 4, or 
Stage 5 noise levels. 

(4) To perform scheduled heavy main-

tenance or significant modifications on 
the airplane at a maintenance facility 
located in the contiguous 48 States; 

(5) To deliver the airplane to an oper-

ator leasing the airplane from the 
owner or return the airplane to the les-
sor; 

(6) To prepare, park, or store the air-

plane in anticipation of any of the ac-
tivities described in paragraphs (a)(1) 
through (a)(5) of this section; 

(7) To provide transport of persons 

and goods in the relief of an emergency 
situation; or 

(8) To divert the airplane to an alter-

native airport in the 48 contiguous 
States on account of weather, mechan-
ical, fuel, air traffic control, or other 
safety reasons while conducting a 
flight in order to perform any of the 
activities described in paragraphs (a)(1) 
through (a)(7) of this section. 

(b) An operator of an affected air-

plane may apply for a special flight au-
thorization for one of the purposes list-
ed in paragraph (a) of this section by 
filing an application with the FAA’s 
Office of Environment and Energy. Ex-
cept for emergency relief authoriza-
tions sought under paragraph (a)(7) of 
this section, applications must be filed 
at least 30 days in advance of the 
planned flight. All applications must 
provide the information necessary for 
the FAA to determine that the planned 
flight is within the limits prescribed in 
the law. 

[Doc. No. FAA–2013–0503, 78 FR 39583, July 2, 
2013, as amended by Docket FAA–2015–3782, 
Amdt. 91–349, 82 FR 46132, Oct. 4, 2017] 

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