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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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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