(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
(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
(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.