Regulation Text
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, Stage 4, or Stage 5 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 criteria and are leased to foreign airlines are also subject to the return provisions 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 foreign air carrier.
(e) The airplane complies with Stage 2 noise levels and is operated by a foreign operator other than for the purpose 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 partnership organized under the laws of the United States or any State (including individual States, territories, possessions, 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 individual 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 expiration 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 executed 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.
[Docket 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; Docket FAA-2015-3782, Amdt. 91-349, 82 FR 46132, Oct. 4, 2017]
Research Notes
Section 91.855 — Entry and nonaddition rule — prohibits the addition of Stage 1 or Stage 2 airplanes over 75,000 lbs to U.S. operations after specific dates.
The nonaddition principle: Once the Stage 2 phase-out began, operators could not add Stage 2 aircraft to their fleets. The rule prevented operators from working around the phase-out by importing non-compliant aircraft.
Reference: ANCA 1990; FAA Aviation Noise Office.
Amendment History
Amendment History Coming Soon
Every time this regulation changes, we'll record it here — the date, what was amended, and a plain-English summary of what shifted.