[Federal Register: January 12, 1998 (Volume 63, Number 7)]
[Notices]               
[Page 1879-1880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja98-103]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration
[Docket No. 29113]

 
Procedures for Processing Petitions for Interim Compliance 
Waivers

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: This document presents a review of the procedures and 
information necessary for an operator of a Stage 2 noise level airplane 
subject to the phaseout regulations, promulgated pursuant to the 
Airport Noise and Capacity Act of 1990, to submit a request for a 
compliance waiver. As a result of its experience preceding the first 
two interim Stage 2 phaseout compliance dates, December 31, 1994, and 
December 31, 1996, the Federal Aviation Administration (FAA) reminds 
all affected operators of the procedures for applying for interim 
compliance waivers.

FOR FURTHER INFORMATION CONTACT: Mr. William W. Albee, Policy and 
Regulatory Division (AEE-300), Office of Environment and Energy, 
Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, D.C. 20591; telephone (202) 267-3553, facsimile (202) 267-
5594.

SUPPLEMENTARY INFORMATION: 

Background

    Sections 91.865 and 91.867 of 14 CFR each require that as of 
December 31, 1998, an operator of Stage 2 airplanes either reduce the 
number of Stage 2 airplanes it operates by 75% from its base level, 
achieve a fleet mix of airplanes that is 75% Stage 3 airplanes, or in 
the case of a new entrant, achieve a fleet mix that is 75% Stage 3 
airplanes. Section 91.871 allows operators to request waivers from 
interim compliance dates in limited circumstances. In order to 
facilitate compliance with the December 31, 1998, requirement, the FAA 
is summarizing the regulatory requirements for waiver requests from the 
Stage 3 transition regulations.

Filing Requests

    As stated in Sec. 91.871, applications for waivers must be filed at 
least 120 days prior to the compliance date from which the waiver is 
requested. This means that applications must be filed no later than 
Thursday, September 3, 1998, to ensure that they will be considered 
before the December 31, 1998, compliance date.
    Each petition for an interim compliance waiver will be reviewed to 
determine whether it meets the basic criteria listed Sec. 91.871. If 
the criteria are not met, the petitioner will receive a letter 
indicating that all of the required information has not been submitted. 
Petitioners will have an opportunity to submit missing information 
before any disposition is final.

Criteria (14 CFR 91.871)

    All applications for a waiver must contain all of the following:
    1. The operator's plan to achieve interim and final compliance;
    2. An explanation of the operator's efforts to date to achieve 
compliance; and
    3. Evidence or other information showing that a grant of the 
requested waiver is in the public interest.
    In addition to the three criteria listed above, each petitioner 
must also explain why compliance with the December 31, 1998, 
requirement would be at least one of the following:
    1. Financially onerous;
    2. Physically impossible;
    3. Technologically infeasible; or
    4. Have an adverse effect either on competition or service to small 
communities.

Scope of Request

    Each waiver will be considered only for the airplanes operated by 
the petitioner on the date the petition was submitted to the FAA. 
Operators are expected to have submitted viable compliance plans and 
abided by them. The FAA's analysis of any petition will take into 
account the total circumstances of the operator, including all actions 
taken up to the date of the petition.

Publication

    Upon completion of the review and determination that the petition 
is complete in accordance with the criteria described above, a summary 
of the petition will be published in the Federal Register for public 
comment for a minimum of 14 days. A docket will be opened that contains 
the petition, any other pertinent information, and any comments 
received.

Response

    After the close of the comment period, the Office of Environment 
and Energy (AEE) will analyze each request and draft a response that 
contains a narrative analysis of each required element. If the results 
of the analysis show that the petitioner has met the criteria, AEE will 
prepare documentation to grant the petition for waiver. If the analysis 
shows that the petitioner has failed to meet the criteria, AEE will 
prepare documentation to deny the petition. Part of a request may also 
be granted at the agency's discretion, depending on the circumstances. 
A copy of the approval or denial document will be placed in the docket, 
and it will be made available for public inspection.

Length of Waiver

    Any waiver granted will be for the shortest possible time as 
required by the circumstances presented by the petitioner and the 
findings of the FAA. If the petitioner cannot achieve compliance within 
the time frame provided in a waiver, the petitioner must submit a new 
petition that will be evaluated under the same criteria as the original 
petition. New petitions that fail to provide more information than the 
original will be denied.

[[Page 1880]]

History of Waiver Requests

    Ten petitions for waiver from the 1994 compliance date were 
submitted; seven were denied and three were withdrawn. In 1996, four 
petitions were submitted; four were withdrawn. Taken as a whole, the 
aviation industry has made a good faith effort to comply with the 
interim requirements, and is on track to meet the final compliance 
requirement by December 31, 1999.

    Issued in Washington, DC on January 5, 1998.
James D. Erickson,
Director of Environment and Energy.
[FR Doc. 98-565 Filed 1-9-98; 8:45 am]
BILLING CODE 4910-13-M