779
Federal Aviation Administration, DOT
§ 91.871
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 contin-
ued operation of the next whole num-
ber of Stage 2 airplanes.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]
§ 91.867
Phased compliance for new
entrants.
(a) New entrant U.S. air carriers.
(1) A new entrant initiating oper-
ations under part 121 of this chapter on
or before December 31, 1994, may ini-
tiate service without regard to the per-
centage of its fleet composed of Stage
3 airplanes.
(2) After December 31, 1994, at least 25
percent of the fleet of a new entrant
must comply with Stage 3 noise levels.
(3) After December 31, 1996, at least 50
percent of the fleet of a new entrant
must comply with Stage 3 noise levels.
(4) After December 31, 1998, at least 75
percent of the fleet of a new entrant
must comply with Stage 3 noise levels.
(b) New entrant foreign air carriers.
(1) A new entrant foreign air carrier
initiating part 129 operations on or be-
fore December 31, 1994, may initiate
service without regard to the percent-
age of its fleet composed of Stage 3 air-
planes.
(2) After December 31, 1994, at least 25
percent of the fleet on U.S. operations
specifications of a new entrant foreign
air carrier must comply with Stage 3
noise levels.
(3) After December 31, 1996, at least 50
percent of the fleet on U.S. operations
specifications of a new entrant foreign
air carrier must comply with Stage 3
noise levels.
(4) After December 31, 1998, at least 75
percent of the fleet on U.S. operations
specifications of a new entrant foreign
air carrier must comply with Stage 3
noise levels.
(c) Calculations resulting in fractions
may be rounded to permit the contin-
ued operation of the next whole num-
ber of Stage 2 airplanes.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991, as
amended by Amdt. 91–252, 61 FR 66185, Dec.
16, 1996]
§ 91.869
Carry-forward compliance.
(a) Any operator that exceeds the re-
quirements of paragraph (b) of § 91.865
of this part on or before December 31,
1994, or on or before December 31, 1996,
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;
VerDate Mar<15>2010
20:48 Jan 30, 2014
Jkt 232047
PO 00000
Frm 00789
Fmt 8010
Sfmt 8010
Q:\14\14V2.TXT
ofr150
PsN: PC150