FAR 91.863 — Stage 2 Airplane Transfers
FAR 91.863 explains how Stage 2 airplanes and base level can be transferred between operators, FAA notification requirements, and limits on use.
In Plain English
FAR 91.863 governs how operators can transfer Stage 2 airplanes along with their associated base level (the count of Stage 2 aircraft an operator was credited with under § 91.861).
Key points:
- Airplanes can move with or without base level, but base level cannot be transferred without the corresponding airplanes.
- U.S. operator base level cannot be used by a foreign air carrier, and vice versa. The two pools stay separate.
- When a transfer happens, both the transferring and acquiring parties must jointly notify the FAA Office of Environment and Energy within 10 days, including:
- Names of both parties
- Contact person submitting the notice
- Total Stage 2 airplanes transferred (type, model, series, serial number)
- Amount and type (U.S. or foreign) of base level transferred
- Effective date of the transaction
- A transaction (or series) that nets no change in Stage 2 airplane count for either operator cannot be used to show compliance with § 91.865 phase-out requirements.
This matters operationally because Stage 2 airplane fleets are tightly tracked for noise compliance, and paperwork errors can jeopardize an operator's ability to demonstrate phase-out progress.
Regulation Text
14 CFR § 91.863§ 91.863 Transfers of Stage 2 airplanes with base level.
(a) Stage 2 airplanes may be transferred with or without the corresponding amount of base level. Base level may not be transferred without the corresponding number of Stage 2 airplanes.
(b) No portion of a U.S. operator's base level established under § 91.861(a) may be used for operations by a foreign air carrier. No portion of a foreign air carrier's base level established under § 91.861(b) may be used for operations by a U.S. operator.
(c) Whenever a transfer of Stage 2 airplanes with base level occurs, the transferring and acquiring parties shall, within 10 days, jointly submit written notification of the transfer to the FAA, Office of Environment and Energy. Such notification shall state:
(1) The names of the transferring and acquiring parties;
(2) The name, address, and telephone number of the individual responsible for submitting the notification on behalf of the transferring and acquiring parties;
(3) The total number of Stage 2 airplanes transferred, listed by airplane type, model, series, and serial number;
(4) The corresponding amount of base level transferred and whether it is U.S. operator or foreign air carrier base level; and
(5) The effective date of the transaction.
(d) If, taken as a whole, a transaction or series of transactions made pursuant to this section does not produce an increase or decrease in the number of Stage 2 airplanes for either the acquiring or transferring operator, such transaction or series of transactions may not be used to establish compliance with the requirements of § 91.865.
[Docket 26433, 56 FR 48659, Sept. 25, 1991]
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Oral Exam Questions a DPE Might Ask
Q1Can an operator transfer base level to another operator without transferring any Stage 2 airplanes?
No. Per FAR 91.863(a), base level may not be transferred without the corresponding number of Stage 2 airplanes, although the airplanes themselves may be transferred with or without base level.
Q2If a U.S. operator and a foreign air carrier exchange Stage 2 airplanes, can they share base level?
No. FAR 91.863(b) prohibits using a U.S. operator's base level for foreign air carrier operations and vice versa — the two base level pools cannot cross over.
Q3What must operators do when they complete a Stage 2 airplane transfer with base level?
Under FAR 91.863(c), the transferring and acquiring parties must jointly submit written notification to the FAA Office of Environment and Energy within 10 days, including party names, contact info, airplane details, base level transferred, and the effective date.
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