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14 CFR Ch. I (1–1–14 Edition)
§ 91.863
with the corresponding number of
Stage 2 airplanes to another person
under § 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 car-
rier’s U.S. operations specifications on
any one day during the period January
1, 1990, through July 1, 1991, plus or
minus any adjustments to the base lev-
els made pursuant to paragraphs (b) (1)
and (2).
(1) The base level of a foreign air car-
rier shall be increased by the amount
of foreign air carrier base level ac-
quired with a Stage 2 airplane from an-
other person under § 91.863.
(2) The base level of a foreign air car-
rier shall be decreased by the amount
of foreign air carrier base level trans-
ferred with a Stage 2 airplane to an-
other person under § 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]
§ 91.863
Transfers of Stage 2 airplanes
with base level.
(a) Stage 2 airplanes may be trans-
ferred with or without the cor-
responding 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 § 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
§ 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 be-
half of the transferring and acquiring
parties;
(3) The total number of Stage 2 air-
planes 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 trans-
action.
(d) If, taken as a whole, a transaction
or series of transactions made pursuant
to this section does not produce an in-
crease or decrease in the number of
Stage 2 airplanes for either the acquir-
ing or transferring operator, such
transaction or series of transactions
may not be used to establish compli-
ance with the requirements of § 91.865.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]
§ 91.865
Phased compliance for opera-
tors with base level.
Except as provided in paragraph (a)
of this section, each operator that op-
erates an airplane under part 91, 121,
125, 129, or 135 of this chapter, regard-
less of the national registry of the air-
plane, shall comply with paragraph (b)
or (d) of this section at each interim
compliance date with regard to its sub-
sonic airplane fleet covered by
§ 91.801(c) of this subpart.
(a) This section does not apply to
new entrants covered by § 91.867 or to
foreign operators not engaged in for-
eign 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 air-
planes 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 § 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 ref-
erence to the amount of base level held
by the operator on that compliance
date, as calculated under § 91.861.
(d) Each operator that chooses to
comply with this paragraph pursuant
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