793 

Federal Aviation Administration, DOT 

§ 91.873 

may claim a credit that may be applied 
at a subsequent interim compliance 
date. 

(b) Any operator that eliminates or 

modifies more Stage 2 airplanes pursu-
ant to § 91.865(b) than required as of De-
cember 31, 1994, or December 31, 1996, 
may count the number of additional 
Stage 2 airplanes reduced as a credit 
toward— 

(1) The number of Stage 2 airplanes it 

would otherwise be required to reduce 
following a subsequent interim compli-
ance date specified in § 91.865(b); or 

(2) The number of Stage 3 airplanes it 

would otherwise be required to operate 
in its fleet following a subsequent in-
terim compliance date to meet the per-
centage requirements specified in 
§ 91.865(d). 

[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 
FR 65783, Dec. 18, 1991] 

§ 91.871

Waivers from interim compli-

ance requirements. 

(a) Any U.S. operator or foreign air 

carrier subject to the requirements of 
§ 91.865 or 91.867 of this subpart may re-
quest a waiver from any individual 
compliance requirement. 

(b) Applications must be filed with 

the Secretary of Transportation at 
least 120 days prior to the compliance 
date from which the waiver is re-
quested. 

(c) Applicants must show that a 

grant of waiver would be in the public 
interest, and must include in its appli-
cation its plans and activities for modi-
fying its fleet, including evidence of 
good faith efforts to comply with the 
requirements of § 91.865 or § 91.867. The 
application should contain all informa-
tion the applicant considers relevant, 
including, as appropriate, the fol-
lowing: 

(1) The applicant’s balance sheet and 

cash flow positions; 

(2) The composition of the applicant’s 

current fleet; and 

(3) The applicant’s delivery position 

with respect to new airplanes or noise- 
abatement equipment. 

(d) Waivers will be granted only upon 

a showing by the applicant that com-
pliance with the requirements of 
§ 91.865 or 91.867 at a particular interim 
compliance date is financially onerous, 
physically impossible, or techno-

logically infeasible, or that it would 
have an adverse effect on competition 
or on service to small communities. 

(e) The conditions of any waiver 

granted under this section shall be de-
termined by the circumstances pre-
sented in the application, but in no 
case may the term extend beyond the 
next interim compliance date. 

(f) A summary of any request for a 

waiver under this section will be pub-
lished in the F

EDERAL

R

EGISTER

, and 

public comment will be invited. Unless 
the Secretary finds that circumstances 
require otherwise, the public comment 
period will be at least 14 days. 

[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991] 

§ 91.873

Waivers from final compli-

ance. 

(a) A U.S. air carrier or a foreign air 

carrier may apply for a waiver from 
the prohibition contained in § 91.853 of 
this part for its remaining Stage 2 air-
planes, provided that, by July 1, 1999, 
at least 85 percent of the airplanes used 
by the carrier to provide service to or 
from an airport in the contiguous 
United States will comply with the 
Stage 3 noise levels. 

(b) An application for the waiver de-

scribed in paragraph (a) of this section 
must be filed with the Secretary of 
Transportation no later than January 
1, 1999, or, in the case of a foreign air 
carrier, no later than April 20, 2000. 
Such application must include a plan 
with firm orders for replacing or modi-
fying all airplanes to comply with 
Stage 3 noise levels at the earliest 
practicable time. 

(c) To be eligible to apply for the 

waiver under this section, a new en-
trant U.S. air carrier must initiate 
service no later than January 1, 1999, 
and must comply fully with all provi-
sions of this section. 

(d) The Secretary may grant a waiver 

under this section if the Secretary 
finds that granting such waiver is in 
the public interest. In making such a 
finding, the Secretary shall include 
consideration of the effect of granting 
such waiver on competition in the air 
carrier industry and the effect on small 
community air service, and any other 
information submitted by the appli-
cant that the Secretary considers rel-
evant. 

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