(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 airplanes, 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 described 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 modifying 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
entrant U.S. air carrier must initiate service no later than January 1,
1999, and must comply fully with all provisions 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 applicant that the Secretary considers relevant.
(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 subchapter in the contiguous United States after December 31,
(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.