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770 

14 CFR Ch. I (1–1–24 Edition) 

§ 91.873 

§ 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. 
operations specifications, each oper-
ator shall identify the airplanes by 
type, model, series, and serial number. 

(i) Each Stage 2 airplane added or re-

moved from operation or U.S. oper-
ations specifications (grouped sepa-
rately by those airplanes acquired with 
and without base level); 

(ii) Each Stage 2 airplane modified to 

Stage 3 noise levels (identifying the 
manufacturer and model of noise 
abatement retrofit equipment; 

(iii) Each Stage 3 airplane on U.S. op-

erations specifications as of the last 
day of the reporting period; and 

(iv) For each Stage 2 airplane trans-

ferred or acquired, the name and ad-
dress of the recipient or transferor; 
and, if base level was transferred, the 
person to or from whom base level was 
transferred or acquired pursuant to 
Section 91.863 along with the effective 
date of each base level transaction, and 
the type of base level transferred or ac-
quired. 

(b) Each operator subject to § 91.865 

or § 91.867 of this chapter shall submit 
an initial progress report covering the 
period from January 1, 1990, through 
December 31, 1991, and provide: 

(1) For each operator subject to 

§ 91.865: 

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771 

Federal Aviation Administration, DOT 

§ 91.877 

(i) The date used to establish its base 

level pursuant to § 91.861(a); and 

(ii) A list of those Stage 2 airplanes 

(by type, model, series and serial num-
ber) in its base level, including adjust-
ments made pursuant to § 91.861 after 
the date its base level was established. 

(2) For each U.S. operator: 
(i) A plan to meet the compliance 

schedules in § 91.865 or § 91.867 and the 
final compliance date of § 91.853, includ-
ing the schedule for delivery of replace-
ment Stage 3 airplanes or the installa-
tion of noise abatement retrofit equip-
ment; and 

(ii) A separate list (by type, model, 

series, and serial number) of those air-
planes included in the operator’s base 
level, pursuant to § 91.861(a)(1) (i) and 
(ii), under the categories ‘‘returned’’ or 
‘‘purchased,’’ along with the date each 
was added to its operations specifica-
tions. 

(c) Each operator subject to § 91.865 or 

§ 91.867 of this chapter shall submit sub-
sequent annual progress reports cov-
ering the calendar year preceding the 
report and including any changes in 
the information provided in paragraphs 
(a) and (b) of this section; including the 
use of any carry-forward credits pursu-
ant to § 91.869. 

(d) An operator may request, in any 

report, that specific planning data be 
considered proprietary. 

(e) If an operator’s actions during 

any reporting period cause it to 
achieve compliance with § 91.853, the re-
port should include a statement to that 
effect. Further progress reports are not 
required unless there is any change in 
the information reported pursuant to 
paragraph (a) of this section. 

(f) For each U.S. operator subject to 

§ 91.865, progress reports submitted for 
calendar years 1994, 1996, and 1998, shall 
also state how the operator achieved 
compliance with the requirements of 
that section, i.e.— 

(1) By reducing the number of Stage 

2 airplanes in its fleet to no more than 
the maximum permitted percentage of 
its base level under § 91.865(b), or 

(2) By operating a fleet that consists 

of at least the minimum required per-

centage of Stage 3 airplanes under 
§ 91.865(d). 

(Approved by the Office of Management and 
Budget under control number 2120–0553) 

[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 
FR 51168, Oct. 10, 1991, as amended by 57 FR 
5977, Feb. 19, 1992] 

§ 91.877

Annual reporting of Hawaiian 

operations. 

(a) Each air carrier or foreign air car-

rier subject to § 91.865 or § 91.867 of this 
part that conducts operations between 
the contiguous United States and the 
State of Hawaii, between the State of 
Hawaii and any point outside of the 
contiguous United States, or between 
the islands of Hawaii in turnaround 
service, on or since November 5, 1990, 
shall include in its annual report the 
information described in paragraph (c) 
of this section. 

(b) Each air carrier or foreign air car-

rier not subject to § 91.865 or § 91.867 of 
this part that conducts operations be-
tween the contiguous U.S. and the 
State of Hawaii, between the State of 
Hawaii and any point outside of the 
contiguous United States, or between 
the islands of Hawaii in turnaround 
service, on or since November 5, 1990, 
shall submit an annual report to the 
FAA, Office of Environment and En-
ergy, on its compliance with the Ha-
waiian operations provisions of 49 
U.S.C. 47528. Such reports shall be sub-
mitted no later than 45 days after the 
end of a calendar year. All progress re-
ports must provide the information 
through the end of the calendar year, 
be certified by the operator as true and 
complete (under penalty of 18 U.S.C. 
1001), and include the following infor-
mation— 

(1) The name and address of the air 

carrier or foreign air carrier; 

(2) The name, title, and telephone 

number of the person designated by the 
air carrier or foreign air carrier to be 
responsible for ensuring the accuracy 
of the information in the report; and 

(3) The information specified in para-

graph (c) of this section. 

(c) The following information must 

be included in reports filed pursuant to 
this section— 

(1) For operations conducted between 

the contiguous United States and the 
State of Hawaii— 

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