Stage 2 Base Level

FAR 91.861 Stage 2 Base Level

FAR 91.861 defines how U.S. operators and foreign air carriers calculate their Stage 2 airplane base level, including adjustments for transfers and new entrants.

In Plain English

FAR 91.861 establishes the base level — the baseline count of Stage 2 airplanes — used to track an operator's fleet under the Stage 2 phaseout rules in Subpart I.

For a U.S. operator, base level equals the number of owned or leased Stage 2 airplanes (subject to § 91.801(c)) listed on that operator's operations specifications for flights to or from airports in the contiguous United States on any single day the operator chooses between January 1, 1990 and July 1, 1991.

That starting number is then adjusted:

  • Increased by Stage 2 airplanes returned to service under § 91.855(f), purchased under § 91.855(g), or base level acquired through a transfer under § 91.863.
  • Decreased by base level transferred away with Stage 2 airplanes under § 91.863.

For a foreign air carrier, base level is calculated the same way using its U.S. operations specifications during the same window, with similar plus/minus adjustments for transfers under § 91.863.

New entrants have no base level. This matters because base level governs how many Stage 2 airplanes an operator may continue to operate during the phaseout to a quieter Stage 3 fleet.

Regulation Text
14 CFR § 91.861
§ 91.861 Base level. (a)The base level of a U.S. operator is equal to the number of owned or leased Stage 2 airplanes subject to § 91.801(c) of this subpart that were listed on that operator's operations specifications for operations to or from airports in the contiguous United States on any one day selected by the operator during the period January 1, 1990, through July 1, 1991, plus or minus adjustments made pursuant to paragraphs (a) (1) and (2). (1) The base level of a U.S. operator shall be increased by a number equal to the total of the following— (i) The number of Stage 2 airplanes returned to service in the United States pursuant to § 91.855(f); (ii) The number of Stage 2 airplanes purchased pursuant to § 91.855(g); and (iii) Any U.S. operator base level acquired with a Stage 2 airplane transferred from another person under § 91.863. (2) The base level of a U.S. operator shall be decreased by the amount of U.S. operator base level transferred with the corresponding number of Stage 2 airplanes to another person under § 91.863. (b) Foreign air carriers. The base level of a foreign air carrier is equal to the number of owned or leased Stage 2 airplanes that were listed on that carrier's U.S. operations specifications on any one day during the period January 1, 1990, through July 1, 1991, plus or minus any adjustments to the base levels made pursuant to paragraphs (b) (1) and (2). (1) The base level of a foreign air carrier shall be increased by the amount of foreign air carrier base level acquired with a Stage 2 airplane from another person under § 91.863. (2) The base level of a foreign air carrier shall be decreased by the amount of foreign air carrier base level transferred with a Stage 2 airplane to another person under § 91.863. (c) New entrants do not have a base level. [Docket 26433, 56 FR 48659, Sept. 25, 1991; 56 FR 51167, Oct. 10, 1991]
Oral Exam Questions a DPE Might Ask
Q1How is base level determined for a U.S. operator under the Stage 2 phaseout rules?
Per FAR 91.861(a), it equals the number of owned or leased Stage 2 airplanes on the operator's operations specifications for contiguous U.S. airports on any one day the operator selects between January 1, 1990 and July 1, 1991, adjusted up or down for returns, purchases, and transfers.
Q2What adjustments can increase or decrease a U.S. operator's base level?
FAR 91.861(a)(1)–(2) increases base level for Stage 2 airplanes returned under § 91.855(f), purchased under § 91.855(g), or acquired via § 91.863 transfers, and decreases it when base level is transferred to another person with a Stage 2 airplane under § 91.863.
Q3Does a new entrant have a base level under FAR 91.861?
No. FAR 91.861(c) explicitly states that new entrants do not have a base level.
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FAR 91.861 — Stage 2 Airplane Base Level