Section 91.855

14 CFR Ch. I (1-1-19 Edition)

Stage 3, Stage 4, or Stage 5 noise levels.

kpayne on VMOFRWIN702 with $$_JOB

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

Section 91.855 Entry and nonaddition rule.
No person may operate any airplane
subject to Section 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 criteria and are leased to foreign airlines
are also subject to the return provisions 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 foreign air carrier.
(e) The airplane complies with Stage
2 noise levels and is operated by a foreign operator other than for the purpose 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 partnership organized under the laws of the
United States or any State (including
individual States, territories, possessions, 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 individual 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 expiration 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 executed 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 Section 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]

Section 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 include 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]

Section 91.858 Special flight authorizations
for non-revenue Stage 2 operations.
(a) After December 31, 1999, any operator 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 levels.
(3) Obtain scheduled heavy maintenance 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 special flight authorization. The applicant
must file in advance. Applications are
due 30 days in advance of the planned

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