Section 91.865

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

(d) If, taken as a whole, a transaction
or series of transactions made pursuant
to this section does not produce an increase or decrease in the number of
Stage 2 airplanes for either the acquiring or transferring operator, such
transaction or series of transactions
may not be used to establish compliance with the requirements of Section 91.865.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]

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Section 91.865 Phased compliance for operators with base level.
Except as provided in paragraph (a)
of this section, each operator that operates an airplane under part 91, 121,
125, 129, or 135 of this chapter, regardless of the national registry of the airplane, shall comply with paragraph (b)
or (d) of this section at each interim
compliance date with regard to its subsonic
airplane
fleet
covered
by
Section 91.801(c) of this subpart.
(a) This section does not apply to
new entrants covered by Section 91.867 or to
foreign operators not engaged in foreign air commerce.
(b) Each operator that chooses to
comply with this paragraph pursuant
to any interim compliance requirement
shall reduce the number of Stage 2 airplanes it operates that are eligible for
operation in the contiguous United
States to a maximum of:
(1) After December 31, 1994, 75 percent
of the base level held by the operator;
(2) After December 31, 1996, 50 percent
of the base level held by the operator;
(3) After December 31, 1998, 25 percent
of the base level held by the operator.
(c) Except as provided under Section 91.871,
the number of Stage 2 airplanes that
must be reduced at each compliance
date contained in paragraph (b) of this
section shall be determined by reference to the amount of base level held
by the operator on that compliance
date, as calculated under Section 91.861.
(d) Each operator that chooses to
comply with this paragraph pursuant
to any interim compliance requirement
shall operate a fleet that consists of:
(1) After December 31, 1994, not less
than 55 percent Stage 3 airplanes;
(2) After December 31, 1996, not less
than 65 percent Stage 3 airplanes;
(3) After December 31, 1998, not less
than 75 percent Stage 3 airplanes.

(e) Calculations resulting in fractions
may be rounded to permit the continued operation of the next whole number of Stage 2 airplanes.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]

Section 91.867 Phased compliance for new
entrants.
(a) New entrant U.S. air carriers.
(1) A new entrant initiating operations under part 121 of this chapter on
or before December 31, 1994, may initiate service without regard to the percentage of its fleet composed of Stage
3 airplanes.
(2) After December 31, 1994, at least 25
percent of the fleet of a new entrant
must comply with Stage 3 noise levels.
(3) After December 31, 1996, at least 50
percent of the fleet of a new entrant
must comply with Stage 3 noise levels.
(4) After December 31, 1998, at least 75
percent of the fleet of a new entrant
must comply with Stage 3 noise levels.
(b) New entrant foreign air carriers.
(1) A new entrant foreign air carrier
initiating part 129 operations on or before December 31, 1994, may initiate
service without regard to the percentage of its fleet composed of Stage 3 airplanes.
(2) After December 31, 1994, at least 25
percent of the fleet on U.S. operations
specifications of a new entrant foreign
air carrier must comply with Stage 3
noise levels.
(3) After December 31, 1996, at least 50
percent of the fleet on U.S. operations
specifications of a new entrant foreign
air carrier must comply with Stage 3
noise levels.
(4) After December 31, 1998, at least 75
percent of the fleet on U.S. operations
specifications of a new entrant foreign
air carrier must comply with Stage 3
noise levels.
(c) Calculations resulting in fractions
may be rounded to permit the continued operation of the next whole number of Stage 2 airplanes.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991, as
amended by Amdt. 91-252, 61 FR 66185, Dec.
16, 1996]

Section 91.869 Carry-forward compliance.
(a) Any operator that exceeds the requirements of paragraph (b) of Section 91.865
of this part on or before December 31,
1994, or on or before December 31, 1996,

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