Regulation Text
(a) Any U.S. operator or foreign air carrier subject to the requirements of § 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 § 91.865 or § 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 § 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.
(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.
[Docket 26433, 56 FR 48660, Sept. 25, 1991]
The short answer
(14 CFR § 91.871) A U.S. operator or foreign air carrier subject to § 91.865 or § 91.867 may request a waiver from any individual interim compliance requirement. Applications go to the Secretary of Transportation at least 120 days before the compliance date and must show a grant would be in the public interest.
Research Notes
Common Questions
How far in advance must a waiver application be filed?
At least 120 days before the compliance date from which the waiver is requested, filed with the Secretary of Transportation.
“Applications must be filed with the Secretary of Transportation at least 120 days prior to the compliance date from which the waiver is requested.” — 14 CFR § 91.871(b)
On what grounds will a waiver be granted?
Only on a showing that compliance is financially onerous, physically impossible, or technologically infeasible, or that it would adversely affect competition or service to small communities.
“Waivers will be granted only upon a showing by the applicant that compliance... is financially onerous, physically impossible, or technologically infeasible, or that it would have an adverse effect on competition or on service to small communities.” — 14 CFR § 91.871(d)
How long can a waiver last, and is there public input?
A waiver may not extend beyond the next interim compliance date, and a summary is published in the Federal Register with at least a 14-day public comment period.
“in no case may the term extend beyond the next interim compliance date.” — 14 CFR § 91.871(e); “the public comment period will be at least 14 days.” — 14 CFR § 91.871(f)
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