Special Federal Aviation Regulation No. 64 - Special Flight Authorizations for Noise Restricted Aircraft

1. Contrary provisions of part 91, subpart I notwithstanding, an operator of a civil subsonic turbojet airplane with maximum weight of more than 75,000 pounds may conduct an approved limited nonrevenue operation of that airplane to or from a U.S. airport when such operation has been authorized by the FAA under paragraph 2 of this SFAR; and

(a) The operator complies with all conditions and limitations established by this SFAR and the authorization;

(b) A copy of the authorization is carried aboard the airplane during all operations to or from a U.S. airport;

(c) The airplane carries an appropriate airworthiness certificate issued by the country of registration and meets the registration and identification requirements of that country; and

(d) Whenever the application is for operation to a location at which FAA-approved noise abatement retrofit equipment is to be installed to make the aircraft comply with Stage 2 or Stage 3 noise levels as defined in part 36 of this chapter, the applicant must have a valid contract for such equipment.

2. Authorization for the operation of a Stage 1 or Stage 2 civil turbojet airplane to or from a U.S. airport may be issued by the FAA for the following purposes:

Stage 1 Airplanes

(a) For a Stage 1 airplane owned by a U.S. owner/applicant on and since November 4, 1990:

(i) Obtaining modifications necessary to meet Stage 2 noise levels as defined in part 36 of this chapter;

(ii) Obtaining modifications necessary to meet Stage 3 noise levels as defined in part 36 of this chapter; or

(iii) Scrapping the airplane, as deemed necessary by the FAA, to obtain spare parts to support U.S. programs for the national defense or safety.

(b) For a Stage 1 airplane owned by a non-U.S. owner/applicant:

(i) Obtaining modifications necessary to meet Stage 2 noise levels as defined in part 36 of this chapter;

(ii) Obtaining modifications necessary to meet Stage 3 noise levels as defined in part 36 of this chapter; or

(iii) Scrapping the airplane, as deemed necessary by the FAA, to obtain spare parts to support U.S. programs for the national defense or safety.

(c) For a Stage 1 airplane purchased by a U.S. owner/applicant on or after November 5, 1990:

(i) Obtaining modifications necessary to meet Stage 2 noise levels as defined in part 36 of this chapter, provided that the airplane does not subsequently operate in the contiguous United States;

(ii) Obtaining modifications necessary to meet Stage 3 noise levels as defined in part 36 of this chapter; or

(iii) Scrapping the airplane, as deemed necessary by the FAA, to obtain spare parts to support U.S. programs for the national defense or safety.

Stage 2 Airplanes

(d) For a Stage 2 airplane purchased by a U.S. owner/applicant on or after November 5, 1990, obtaining modification to meet Stage 3 noise levels as defined in part 36 of this chapter.

(e) For Stage 2 airplanes that were U.S.-owned on and since November 4, 1990, and that have been removed from service to achieve compliance with § 91.865 or § 91.867 of this part:

(i) Obtaining modifications to meet Stage 3 noise levels as defined in part 36 of this chapter;

(ii) Prior to January 1, 2000, exporting an airplane, including flying the airplane to or from any airport in the contiguous United States necessary for the exportation of that airplane; or

(iii) Prior to January 1, 2000, operating the airplane as deemed necessary by the FAA for the sale, lease, storage, or scrapping of the airplane.

3. An application for a special flight authorization under this Special Federal Aviation Regulation shall be submitted to the FAA, Director of the Office of Environment and Energy, received no less than five days prior to the requested flight, and include the following:

(a) The applicant's name and telephone number;

(b) The name of the airplane operator;

(c) The make, model, registration number, and serial number of the airplane;

(d) The reason why such authorization is necessary;

(e) The purpose of the flight;

(f) Each U.S. airport at which the flight will be operated and the number of takeoffs and landings at each;

(g) The approximate dates of the flights;

(h) The number of people on board the airplane and the function of each person;

(i) Whether a special flight permit under FAR part 21.199 or a special flight authorization under FAR part 91.715 is required for the flight;

(j) A copy of the contract for noise abatement retrofit equipment, if appropriate; and

(k) Any other information or documentation requested by the Director, Office of Environment and Energy, as necessary to determine whether the application should be approved.

4. The Special Federal Aviation Regulation terminates on December 31, 1999, unless sooner rescinded or superseded.