---
kind: "section"
citation: "14 C.F.R. § 91.865"
title: "14"
number: "91.865"
heading: "Phased compliance for operators with base level."
url: "https://uscodex.org/cfr/14/91.865"
---

# §91.865. Phased compliance for operators with base level.


Except as provided in [paragraph (a)](#a) of this section, each operator that operates an airplane under part [91](/cfr/14/part91.md), [121](/cfr/14/part121.md), 125, 129, or 135 of this chapter, regardless of the national registry of the airplane, shall comply with paragraph [(b)](#b) or [(d)](#d) of this section at each interim compliance date with regard to its subsonic airplane fleet covered by [§ 91.801(c)](/cfr/14/91.801.md?p=c) of this subpart.

- (a) This section does not apply to new entrants covered by [§ 91.867](/cfr/14/91.867.md) 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](/cfr/14/91.871.md), the number of Stage 2 airplanes that must be reduced at each compliance date contained in [paragraph (b)](#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](/cfr/14/91.861.md).
- (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.

## Notes

### Amendments

[Docket 26433, 56 FR 48659, Sept. 25, 1991]

### Source

Source: Docket 18334, 54 FR 34321, Aug. 18, 1989, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715,44716, 44717, 44722, 44740, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508,47528-47531, 47534; Pub. L. 112-95, 126 Stat. 11; Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); sec. 828, Pub. L. 118-63, 138 Stat. 1330 (49 U.S.C. 44703 note); articles 12 and 29 of the Convention on International Civil Aviation, 61 Stat. 1180.

### Amendments

[Docket 26433, 56 FR 48659, Sept. 25, 1991]