Federal Aviation Administration, DOT

Section 91.863

flight and 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-2002-12771, 67 FR 46571, July
15, 2002, as amended by Docket FAA-2015-
3782, Amdt. 91-349, 82 FR 46132, Oct. 4, 2017]

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Section 91.859 Modification to meet Stage 3,
Stage 4, or Stage 5 noise levels.
For an airplane subject to Section 91.801(c)
of this subpart and otherwise prohibited from operation to or from an airport in the contiguous United States
by Section 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 obtaining modifications to meet Stage 3,
Stage 4, or Stage 5 noise levels.

any one day during the period January
1, 1990, through July 1, 1991, plus or
minus any adjustments to the base levels made pursuant to paragraphs (b) (1)
and (2).
(1) The base level of a foreign air carrier shall be increased by the amount
of foreign air carrier base level acquired with a Stage 2 airplane from another person under Section 91.863.
(2) The base level of a foreign air carrier shall be decreased by the amount
of foreign air carrier base level transferred with a Stage 2 airplane to another person under Section 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]

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

Section 91.863 Transfers of Stage 2 airplanes
with base level.

Section 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 subject to Section 91.801(c) of this subpart that
were listed on that operator-s operations specifications for operations to
or from airports in the contiguous
United States on any one day selected
by the operator during the period January 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 Section 91.855(f);
(ii) The number of Stage 2 airplanes
purchased pursuant to Section 91.855(g); and
(iii) Any U.S. operator base level acquired with a Stage 2 airplane transferred from another person under
Section 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 Section 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 carrier-s U.S. operations specifications on

(a) Stage 2 airplanes may be transferred with or without the corresponding amount of base level. Base
level may not be transferred without
the corresponding number of Stage 2
airplanes.
(b) No portion of a U.S. operator-s
base level established under Section 91.861(a)
may be used for operations by a foreign
air carrier. No portion of a foreign air
carrier-s base level established under
Section 91.861(b) may be used for operations
by a U.S. operator.
(c) Whenever a transfer of Stage 2
airplanes with base level occurs, the
transferring and acquiring parties
shall, within 10 days, jointly submit
written notification of the transfer to
the FAA, Office of Environment and
Energy. Such notification shall state:
(1) The names of the transferring and
acquiring parties;
(2) The name, address, and telephone
number of the individual responsible
for submitting the notification on behalf of the transferring and acquiring
parties;
(3) The total number of Stage 2 airplanes transferred, listed by airplane
type, model, series, and serial number;
(4) The corresponding amount of base
level transferred and whether it is U.S.
operator or foreign air carrier base
level; and
(5) The effective date of the transaction.

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