(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.