Federal Aviation Administration, DOT

Section 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 pursuant to Section 91.865(b) than required as of December 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 compliance date specified in Section 91.865(b); or
(2) The number of Stage 3 airplanes it
would otherwise be required to operate
in its fleet following a subsequent interim compliance date to meet the percentage requirements specified in
Section 91.865(d).

kpayne on VMOFRWIN702 with $$_JOB

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

Section 91.871 Waivers from interim compliance requirements.
(a) Any U.S. operator or foreign air
carrier subject to the requirements of
Section 91.865 or 91.867 of this subpart may request 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 requested.
(c) Applicants must show that a
grant of waiver would be in the public
interest, and must include in its application its plans and activities for modifying its fleet, including evidence of
good faith efforts to comply with the
requirements of Section 91.865 or Section 91.867. The
application should contain all information the applicant considers relevant,
including, as appropriate, the following:
(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 noiseabatement equipment.
(d) Waivers will be granted only upon
a showing by the applicant that compliance with the requirements of
Section 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 determined by the circumstances presented 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 published in the FEDERAL REGISTER, 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]

Section 91.873 Waivers from final compliance.
(a) A U.S. air carrier or a foreign air
carrier may apply for a waiver from
the prohibition contained in Section 91.853 of
this part for its remaining Stage 2 airplanes, 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 described 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 modifying 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 entrant U.S. air carrier must initiate
service no later than January 1, 1999,
and must comply fully with all provisions 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 applicant that the Secretary considers relevant.

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