780
14 CFR Ch. I (1–1–14 Edition)
§ 91.873
(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.
(e) The term of any waiver granted
under this section shall be determined
by the circumstances presented in the
application, but in no case will the
waiver permit the operation of any
Stage 2 airplane covered by this sub-
chapter in the contiguous United
States after December 31, 2003.
(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; 56
FR 51167 Oct. 10, 1991; Amdt. 91–276, 67 FR
46571, July 15, 2002]
§ 91.875
Annual progress reports.
(a) Each operator subject to § 91.865
or § 91.867 of this chapter shall submit
an annual report to the FAA, Office of
Environment and Energy, on the
progress it has made toward complying
with the requirements of that section.
Such reports shall be submitted no
later than 45 days after the end of a
calendar year. All progress reports
must provide the information through
the end of the calendar year, be cer-
tified by the operator as true and com-
plete (under penalty of 18 U.S.C. 1001),
and include the following information:
(1) The name and address of the oper-
ator;
(2) The name, title, and telephone
number of the person designated by the
operator to be responsible for ensuring
the accuracy of the information in the
report;
(3) The operator’s progress during the
reporting period toward compliance
with the requirements of § 91.853,
§ 91.865 or § 91.867. For airplanes on U.S.
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