Regulation Text
(a) After December 31, 1999, any operator 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, Stage 4, or Stage 5 noise levels.
(3) Obtain scheduled heavy maintenance 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 special flight authorization. The applicant must file in advance. Applications are due 30 days in advance of the planned flight and must provide the information necessary for the FAA to determine that the planned flight is within the limits prescribed in the law.
[Docket FAA-2002-12771, 67 FR 46571, July 15, 2002, as amended by Docket FAA-2015-3782, Amdt. 91-349, 82 FR 46132, Oct. 4, 2017]
The short answer
(14 CFR § 91.858) allows an operator of a Stage 2 airplane over 75,000 pounds to fly it in nonrevenue service in the contiguous United States after December 31, 1999 only for specified purposes — such as selling, leasing, or scrapping; obtaining Stage 3/4/5 modifications or heavy maintenance; delivery; or storage — and only with a special flight authorization filed at least 30 days in advance.
Research Notes
Common Questions
How far in advance must a § 91.858 special flight authorization be filed?
The application must be filed in advance and is due 30 days before the planned flight, submitted to the FAA's Office of Environment and Energy.
“Applications are due 30 days in advance of the planned flight and must provide the information necessary for the FAA to determine that the planned flight is within the limits prescribed in the law.” — 14 CFR § 91.858(b)
What nonrevenue purposes are permitted for a Stage 2 airplane over 75,000 lbs?
After December 31, 1999 it may fly in the contiguous U.S. only to sell, lease, or scrap it; obtain Stage 3, Stage 4, or Stage 5 modifications; obtain scheduled heavy maintenance or significant modifications; deliver to a lessee or return to a lessor; park or store it; or prepare it for any of those purposes.
“... 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, Stage 4, or Stage 5 noise levels.” — 14 CFR § 91.858(a)
Angle of Attack is an aviation flight-training brand founded by Chris Palmer, a two-time Master Aviation Educator and Gold Seal CFI. We decode the FARs so pilots understand not just the words, but what they mean in the cockpit.
AOA's Decoded pages are plain-English interpretation for training and reference. They are not legal advice and do not replace the official regulation. Always confirm current requirements against the authoritative source before acting.