Noise Stage Modifications

FAR 91.859 Noise Stage Modifications

FAR 91.859 explains how operators of older airplanes can get a special flight authorization to fly into the contiguous U.S. for Stage 3, 4, or 5 noise modifications.

In Plain English

FAR 91.859 provides a narrow exception for older airplanes that would otherwise be banned from operating in the contiguous United States because they don't meet current noise standards.

Under § 91.855, certain airplanes covered by § 91.801(c) are prohibited from operating to or from airports in the lower 48 states because their noise levels are too high. But these airplanes can't be modified to fix the problem unless they can fly to a maintenance facility. FAR 91.859 solves this catch-22.

Key points:

  • Applies to airplanes subject to § 91.801(c) that are otherwise prohibited by § 91.855.
  • Any person may apply for a special flight authorization.
  • The flight must be for the purpose of obtaining modifications to meet Stage 3, Stage 4, or Stage 5 noise levels.

Operationally, this matters because it lets owners reposition non-compliant airplanes to a shop where hush-kits, re-engining, or other noise modifications can be installed to bring the aircraft back into legal service.

Regulation Text
14 CFR § 91.859
§ 91.859 Modification to meet Stage 3, Stage 4, or Stage 5 noise levels. For an airplane subject to § 91.801(c) of this subpart and otherwise prohibited from operation to or from an airport in the contiguous United States by § 91.855, any person may apply for a special flight authorization for that airplane to operate in the contiguous United States for the purpose of obtaining modifications to meet Stage 3, Stage 4, or Stage 5 noise levels. [Docket FAA-2015-3782, Amdt. 91-349, 82 FR 46132, Oct. 4, 2017]
Oral Exam Questions a DPE Might Ask
Q1What is the purpose of a special flight authorization under FAR 91.859?
Per FAR 91.859, it allows an airplane otherwise prohibited from operating in the contiguous U.S. by § 91.855 to fly there specifically to obtain modifications meeting Stage 3, Stage 4, or Stage 5 noise levels.
Q2Which airplanes are eligible to apply for an authorization under FAR 91.859?
FAR 91.859 applies to airplanes subject to § 91.801(c) that are otherwise prohibited from operating to or from an airport in the contiguous United States by § 91.855.
Q3Who may apply for the special flight authorization in FAR 91.859?
FAR 91.859 states that any person may apply for the special flight authorization for the eligible airplane to operate in the contiguous U.S. for the purpose of noise-level modifications.
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FAR 91.859 — Special Flight Authorization for Noise Mods