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14 CFR Ch. I (1–1–14 Edition)
§ 91.853
operations specifications as eligible for
operation in the contiguous United
States.
Import means a change in ownership
of an airplane from a non-U.S. person
to a U.S. person when the airplane is
brought into the United States for op-
eration.
Operations specifications means an
enumeration of airplanes by type,
model, series, and serial number oper-
ated by the operator or foreign air car-
rier on a given day, regardless of how
or whether such airplanes are formally
listed or designated by the operator.
Owner means any person that has in-
dicia of ownership sufficient to register
the airplane in the United States pur-
suant to part 47 of this chapter.
New entrant means an air carrier or
foreign air carrier that, on or before
November 5, 1990, did not conduct oper-
ations under part 121 or 129 of this
chapter using an airplane covered by
this subpart to or from any airport in
the contiguous United States, but that
initiates such operation after that
date.
Stage 2 noise levels mean the require-
ments for Stage 2 noise levels as de-
fined in part 36 of this chapter in effect
on November 5, 1990.
Stage 3 noise levels mean the require-
ments for Stage 3 noise levels as de-
fined in part 36 of this chapter in effect
on November 5, 1990.
Stage 4 noise level means a noise level
at or below the Stage 4 noise limit pre-
scribed in part 36 of this chapter.
Stage 2 airplane means a civil sub-
sonic jet (turbojet) airplane with a
maximum certificated weight of 75,000
pounds or more that complies with
Stage 2 noise levels as defined in part
36 of this chapter.
Stage 3 airplane means a civil sub-
sonic jet (turbojet) airplane with a
maximum certificated weight of 75,000
pounds or more that complies with
Stage 3 noise levels as defined in part
36 of this chapter.
Stage 4 airplane means an airplane
that has been shown not to exceed the
Stage 4 noise limit prescribed in part 36
of this chapter. A Stage 4 airplane
complies with all of the noise oper-
ating rules of this part.
[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as
amended by Amdt. 91–252, 61 FR 66185, Dec.
16, 1996; Amdt. 91–275, 67 FR 45237, July 8,
2002; Amdt. 91–288, 70 FR 38749, July 5, 2005; 72
FR 68475, Dec. 5, 2007]
§ 91.853
Final compliance: Civil sub-
sonic airplanes.
Except as provided in § 91.873, after
December 31, 1999, no person shall oper-
ate to or from any airport in the con-
tiguous United States any airplane
subject to § 91.801(c) of this subpart, un-
less that airplane has been shown to
comply with Stage 3 or Stage 4 noise
levels.
[Doc. No. FAA–2003–16526, 70 FR 38749, July 5,
2005]
§ 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 or Stage 4 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
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