[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR91.871]

[Page 580-581]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 91_GENERAL OPERATING AND FLIGHT RULES--Table of Contents
 
                    Subpart I_Operating Noise Limits
 
Sec. 91.871  Waivers from interim compliance requirements.

    (a) Any U.S. operator or foreign air carrier subject to the 
requirements of Sec. 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 Sec. 91.865 or Sec. 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 noise-abatement equipment.
    (d) Waivers will be granted only upon a showing by the applicant 
that compliance with the requirements of Sec. 91.865 or 91.867 at a 
particular interim compliance date is financially onerous, physically 
impossible, or technologically infeasible, or that it would have an 
adverse effect on competition or on service to small communities.

[[Page 581]]

    (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]