FAR 91.867 — New Entrant Noise Compliance
FAR 91.867 sets the phased Stage 3 noise compliance schedule for new entrant U.S. air carriers and new entrant foreign air carriers operating into the U.S.
In Plain English
FAR 91.867 lays out a phased compliance schedule that requires new entrant air carriers to gradually transition their fleets to Stage 3 noise level airplanes. It applies separately to U.S. carriers and to foreign carriers operating into the United States.
- New entrant U.S. air carriers (Part 121): If they began service on or before December 31, 1994, they could start with no Stage 3 fleet requirement. After that date, at least 25% of the fleet had to be Stage 3; 50% after Dec 31, 1996; and 75% after Dec 31, 1998.
- New entrant foreign air carriers (Part 129): The same milestones apply, but the percentages are measured against the fleet listed on their U.S. operations specifications.
- Fractions in the math may be rounded to allow continued operation of the next whole number of Stage 2 airplanes.
Why it matters: this rule is part of the FAA's broader effort to reduce community noise around airports by retiring or converting older, louder Stage 2 jets, while still letting new airlines enter the market on a predictable timeline.
Regulation Text
14 CFR § 91.867§ 91.867 Phased compliance for new entrants.
(a) New entrant U.S. air carriers.
(1) A new entrant initiating operations under part 121 of this chapter on or before December 31, 1994, may initiate service without regard to the percentage of its fleet composed of Stage 3 airplanes.
(2) After December 31, 1994, at least 25 percent of the fleet of a new entrant must comply with Stage 3 noise levels.
(3) After December 31, 1996, at least 50 percent of the fleet of a new entrant must comply with Stage 3 noise levels.
(4) After December 31, 1998, at least 75 percent of the fleet of a new entrant must comply with Stage 3 noise levels.
(b) New entrant foreign air carriers.
(1) A new entrant foreign air carrier initiating part 129 operations on or before December 31, 1994, may initiate service without regard to the percentage of its fleet composed of Stage 3 airplanes.
(2) After December 31, 1994, at least 25 percent of the fleet on U.S. operations specifications of a new entrant foreign air carrier must comply with Stage 3 noise levels.
(3) After December 31, 1996, at least 50 percent of the fleet on U.S. operations specifications of a new entrant foreign air carrier must comply with Stage 3 noise levels.
(4) After December 31, 1998, at least 75 percent of the fleet on U.S. operations specifications of a new entrant foreign air carrier must comply with Stage 3 noise levels.
(c) 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, as amended by Amdt. 91-252, 61 FR 66185, Dec. 16, 1996]
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Oral Exam Questions a DPE Might Ask
Q1Under FAR 91.867, what Stage 3 fleet percentage was a new entrant U.S. air carrier required to meet after December 31, 1996?
Per FAR 91.867(a)(3), at least 50 percent of a new entrant U.S. air carrier's fleet had to comply with Stage 3 noise levels after December 31, 1996.
Q2How does FAR 91.867 apply differently to a new entrant foreign air carrier than to a U.S. air carrier?
FAR 91.867(b) applies the same 25/50/75 percent milestones to new entrant foreign air carriers operating under Part 129, but the percentages are measured against the fleet listed on their U.S. operations specifications, not their entire global fleet.
Q3If the Stage 3 percentage calculation produces a fraction, how is it handled under FAR 91.867?
FAR 91.867(c) allows fractional results to be rounded so that the carrier may continue operating the next whole number of Stage 2 airplanes.
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