777
Federal Aviation Administration, DOT
§ 91.861
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]
§ 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 noise levels;
(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
flight and must provide the informa-
tion necessary for the FAA to deter-
mine that the planned flight is within
the limits prescribed in the law.
[Doc. No. FAA–2002–12771, 67 FR 46571, July
15, 2002]
§ 91.859
Modification to meet Stage 3
or Stage 4 noise levels.
For an airplane subject to § 91.801(c)
of this subpart and otherwise prohib-
ited from operation to or from an air-
port in the contiguous United States
by § 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 ob-
taining modifications to meet Stage 3
or Stage 4 noise levels.
[Doc. No. FAA–2003–16526, 70 FR 38750, July 5,
2005]
§ 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 sub-
ject to § 91.801(c) of this subpart that
were listed on that operator’s oper-
ations specifications for operations to
or from airports in the contiguous
United States on any one day selected
by the operator during the period Jan-
uary 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 § 91.855(f);
(ii) The number of Stage 2 airplanes
purchased pursuant to § 91.855(g); and
(iii) Any U.S. operator base level ac-
quired with a Stage 2 airplane trans-
ferred from another person under
§ 91.863.
(2) The base level of a U.S. operator
shall be decreased by the amount of
U.S. operator base level transferred
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