790
14 CFR Ch. I (1–1–19 Edition)
§ 91.855
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
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
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