FAR 91.858 — Stage 2 Non-Revenue Operations
FAR 91.858 explains when operators of Stage 2 airplanes over 75,000 lbs can fly non-revenue in the contiguous U.S. and how to apply for FAA authorization.
FAR 91.858 limits how a Stage 2 airplane over 75,000 pounds can be operated in the contiguous United States after December 31, 1999. Because Stage 2 jets are too noisy for unrestricted U.S. operation, this rule allows only non-revenue flights for specific, narrow purposes:
- Selling, leasing, or scrapping the airplane
- Obtaining modifications to meet Stage 3, Stage 4, or Stage 5 noise levels
- Performing scheduled heavy maintenance or significant modifications
- Delivering the airplane to a lessee or returning it to a lessor
- Parking or storing the airplane
- Preparing the airplane for any of the above
To conduct one of these flights, the operator must apply to the FAA's Office of Environment and Energy for a special flight authorization. Applications are due at least 30 days in advance and must include enough information for the FAA to confirm the flight fits within the legal limits.
Operationally, this matters because Stage 2 noise restrictions effectively ground these older jets for revenue use — only carefully justified ferry-type flights are permitted, and only with prior FAA approval.