FAR 91.855 — Entry and Nonaddition Rule
FAR 91.855 explains entry and nonaddition rules for Stage 2 and Stage 3+ airplanes operating to or from airports in the contiguous United States.
In Plain English
FAR 91.855 restricts which airplanes covered by § 91.801(c) may operate to or from airports in the contiguous United States. The goal is to prevent the U.S. fleet from adding more older, louder Stage 2 jets while allowing newer, quieter aircraft.
An airplane may operate to/from the contiguous U.S. only if at least one of these conditions is met:
- It meets Stage 3, Stage 4, or Stage 5 noise levels.
- It is a Stage 2 airplane that was owned by a U.S. person on and since November 5, 1990.
- It is a Stage 2 airplane owned by a non-U.S. person under a binding lease to a U.S. person effective before and on September 25, 1991 (good for the lease term and extensions).
- It is a Stage 2 airplane operated by a foreign air carrier, or by a foreign operator not engaged in foreign air commerce.
- It is a Stage 2 airplane that meets specific U.S. ownership rules and reenters the U.S. within 6 months after a foreign-airline lease expires.
- It is a Stage 2 airplane purchased under a written contract executed before November 5, 1990.
Any Stage 2 airplane allowed under this section may operate in the contiguous U.S. only as provided in §§ 91.865 or 91.867. Operationally, this matters because dispatchers, owners, and lessees of older jets must verify eligibility before any U.S. operation.
Regulation Text
14 CFR § 91.855§ 91.855 Entry and nonaddition rule.
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]
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Oral Exam Questions a DPE Might Ask
Q1What noise stage levels generally allow an airplane subject to § 91.801(c) to operate to or from a contiguous U.S. airport without further restrictions?
Per FAR 91.855(a), airplanes that comply with Stage 3, Stage 4, or Stage 5 noise levels may operate to or from airports in the contiguous United States.
Q2Can a Stage 2 airplane owned by a non-U.S. person ever operate to or from the contiguous U.S.?
Yes. Under FAR 91.855(c), a Stage 2 airplane owned by a non-U.S. person may operate if it was the subject of a binding lease to a U.S. person effective before and on September 25, 1991, for the term of that lease and any extensions provided in it.
Q3If a Stage 2 airplane is allowed to operate under § 91.855, are there any further limitations on its U.S. operation?
Yes. FAR 91.855(h) specifies that any Stage 2 airplane described in the section is eligible for operation in the contiguous United States only as provided under § 91.865 or § 91.867.
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Related Sections in Part 91