Regulation Text
(a) Stage 2 airplanes may be transferred with or without the corresponding 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 behalf of the transferring and acquiring parties;
(3) The total number of Stage 2 airplanes 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 transaction.
(d) If, taken as a whole, a transaction or series of transactions made pursuant to this section does not produce an increase or decrease in the number of Stage 2 airplanes for either the acquiring or transferring operator, such transaction or series of transactions may not be used to establish compliance with the requirements of § 91.865.
[Docket 26433, 56 FR 48659, Sept. 25, 1991]
The short answer
(14 CFR § 91.863) Stage 2 airplanes may be transferred with or without their base level, but base level can never be transferred without the matching number of Stage 2 airplanes. U.S. operator base level cannot be used by a foreign air carrier, and vice versa. Transfers with base level must be reported to the FAA within 10 days.
Research Notes
Common Questions
Can base level be sold separately from the Stage 2 airplanes?
No. Airplanes can move with or without base level, but base level cannot move alone.
“Base level may not be transferred without the corresponding number of Stage 2 airplanes.” — 14 CFR § 91.863(a)
How fast must a Stage 2 transfer be reported?
Both parties must jointly notify the FAA Office of Environment and Energy within 10 days.
“the transferring and acquiring parties shall, within 10 days, jointly submit written notification of the transfer to the FAA, Office of Environment and Energy.” — 14 CFR § 91.863(c)
Can a paper transaction that nets zero be used to show compliance?
No. If a transaction or series produces no net change in Stage 2 count for either party, it cannot establish compliance with § 91.865.
“such transaction or series of transactions may not be used to establish compliance with the requirements of § 91.865.” — 14 CFR § 91.863(d)
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