Regulation Text
(a) Any operator that exceeds the requirements of paragraph (b) of § 91.865 of this part on or before December 31, 1994, or on or before December 31, 1996, may claim a credit that may be applied at a subsequent interim compliance date.
(b) Any operator that eliminates or modifies more Stage 2 airplanes pursuant to § 91.865(b) than required as of December 31, 1994, or December 31, 1996, may count the number of additional Stage 2 airplanes reduced as a credit toward—
(1) The number of Stage 2 airplanes it would otherwise be required to reduce following a subsequent interim compliance date specified in § 91.865(b); or
(2) The number of Stage 3 airplanes it would otherwise be required to operate in its fleet following a subsequent interim compliance date to meet the percentage requirements specified in § 91.865(d).
[Docket 26433, 56 FR 48659, Sept. 25, 1991; 56 FR 65783, Dec. 18, 1991]
The short answer
(14 CFR § 91.869) An operator that beat the § 91.865(b) Stage 2 reduction requirements by December 31, 1994 or December 31, 1996 may claim a credit. Extra Stage 2 airplanes eliminated or modified can offset future required reductions or count toward later Stage 3 percentage requirements at a subsequent interim compliance date.
Research Notes
Common Questions
When can an operator earn a carry-forward credit?
By exceeding § 91.865(b) requirements on or before December 31, 1994 or December 31, 1996, with the credit applied at a later interim compliance date.
“Any operator that exceeds the requirements of paragraph (b) of § 91.865... on or before December 31, 1994, or on or before December 31, 1996, may claim a credit that may be applied at a subsequent interim compliance date.” — 14 CFR § 91.869(a)
What can the credit be applied toward?
It can reduce the number of Stage 2 airplanes an operator must later eliminate, or count toward the Stage 3 airplanes it must operate to meet § 91.865(d) percentages.
“the number of additional Stage 2 airplanes reduced as a credit toward... The number of Stage 3 airplanes it would otherwise be required to operate... to meet the percentage requirements specified in § 91.865(d).” — 14 CFR § 91.869(b)
Does this credit apply to early Stage 2 modification, not just retirement?
Yes. The rule covers Stage 2 airplanes that are eliminated or modified beyond what was required at the 1994 or 1996 dates.
“Any operator that eliminates or modifies more Stage 2 airplanes pursuant to § 91.865(b) than required as of December 31, 1994, or December 31, 1996...” — 14 CFR § 91.869(b)
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