FAR 91.865 — Phased Noise Compliance
FAR 91.865 sets interim compliance dates for operators to reduce Stage 2 airplanes or increase Stage 3 percentages in their subsonic fleet.
In Plain English
FAR 91.865 lays out the phased schedule operators had to follow to transition their subsonic airplane fleets from noisier Stage 2 airplanes to quieter Stage 3 airplanes in the contiguous United States. It applies to operators flying under Parts 91, 121, 125, 129, or 135, regardless of where the airplane is registered. New entrants (covered by § 91.867) and foreign operators not engaged in foreign air commerce are excluded.
At each interim compliance date, an operator picks one of two paths:
- Reduce Stage 2 airplanes relative to its base level (calculated under § 91.861):
- After Dec 31, 1994 — no more than 75% of base level
- After Dec 31, 1996 — no more than 50% of base level
- After Dec 31, 1998 — no more than 25% of base level
- Operate a fleet with a minimum percentage of Stage 3 airplanes:
- After Dec 31, 1994 — at least 55% Stage 3
- After Dec 31, 1996 — at least 65% Stage 3
- After Dec 31, 1998 — at least 75% Stage 3
Fractional results may be rounded to allow the next whole Stage 2 airplane to keep flying. Operationally, this rule drove the U.S. fleet's noise reduction transition leading up to the full Stage 3 deadline.
Regulation Text
14 CFR § 91.865§ 91.865 Phased compliance for operators with base level.
Except as provided in paragraph (a) of this section, each operator that operates an airplane under part 91, 121, 125, 129, or 135 of this chapter, regardless of the national registry of the airplane, shall comply with paragraph (b) or (d) of this section at each interim compliance date with regard to its subsonic airplane fleet covered by § 91.801(c) of this subpart.
(a) This section does not apply to new entrants covered by § 91.867 or to foreign operators not engaged in foreign air commerce.
(b) Each operator that chooses to comply with this paragraph pursuant to any interim compliance requirement shall reduce the number of Stage 2 airplanes it operates that are eligible for operation in the contiguous United States to a maximum of:
(1) After December 31, 1994, 75 percent of the base level held by the operator;
(2) After December 31, 1996, 50 percent of the base level held by the operator;
(3) After December 31, 1998, 25 percent of the base level held by the operator.
(c) Except as provided under § 91.871, the number of Stage 2 airplanes that must be reduced at each compliance date contained in paragraph (b) of this section shall be determined by reference to the amount of base level held by the operator on that compliance date, as calculated under § 91.861.
(d) Each operator that chooses to comply with this paragraph pursuant to any interim compliance requirement shall operate a fleet that consists of:
(1) After December 31, 1994, not less than 55 percent Stage 3 airplanes;
(2) After December 31, 1996, not less than 65 percent Stage 3 airplanes;
(3) After December 31, 1998, not less than 75 percent Stage 3 airplanes.
(e) Calculations resulting in fractions may be rounded to permit the continued operation of the next whole number of Stage 2 airplanes.
[Docket 26433, 56 FR 48659, Sept. 25, 1991]
Oral Exam Questions a DPE Might Ask
Q1Who must comply with the phased noise compliance schedule, and who is exempt?
Per FAR 91.865, operators flying subsonic airplanes under Parts 91, 121, 125, 129, or 135 must comply, regardless of national registry. New entrants under § 91.867 and foreign operators not engaged in foreign air commerce are exempt.
Q2What two compliance options does FAR 91.865 give an operator at each interim date?
FAR 91.865 lets an operator either reduce its Stage 2 fleet to a set percentage of base level (paragraph (b)) or maintain a minimum percentage of Stage 3 airplanes in its fleet (paragraph (d)).
Q3Under FAR 91.865, what Stage 3 percentage was required after December 31, 1998 for operators using the fleet-mix option?
Under FAR 91.865(d)(3), an operator choosing the fleet-mix path had to operate a fleet that was at least 75% Stage 3 airplanes after December 31, 1998.
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Related Sections in Part 91