FAR 91.871 — Noise Compliance Waivers
FAR 91.871 explains how operators request waivers from Stage 2/3 interim noise compliance deadlines, filing timelines, required showings, and waiver limits.
In Plain English
FAR 91.871 lets a U.S. operator or foreign air carrier subject to the interim noise compliance requirements of §§ 91.865 or 91.867 ask the Secretary of Transportation for a waiver from an individual compliance requirement.
Key points to know:
- File early: Applications must be submitted at least 120 days before the compliance date being waived.
- Public interest test: The applicant must show the waiver is in the public interest and provide a credible plan and good faith efforts to comply with §§ 91.865 or 91.867.
- Supporting information in the application should include, as appropriate:
- Balance sheet and cash flow positions
- Composition of the applicant's current fleet
- Delivery position for new airplanes or noise-abatement equipment
- Grounds for grant: The applicant must show compliance is financially onerous, physically impossible, or technologically infeasible, or would adversely affect competition or service to small communities.
- Duration limit: A waiver cannot extend beyond the next interim compliance date.
- Public comment: A summary is published and the public gets at least 14 days to comment.
This matters operationally because it gives operators a structured, time-limited path to keep flying older Stage 2 aircraft while transitioning their fleets to quieter, compliant airplanes.
Regulation Text
14 CFR § 91.871§ 91.871 Waivers from interim compliance requirements.
(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 theand 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]
Oral Exam Questions a DPE Might Ask
Q1Who can apply for a waiver from the interim noise compliance requirements, and how far in advance must they file?
Per FAR 91.871, any U.S. operator or foreign air carrier subject to §§ 91.865 or 91.867 may request a waiver, and the application must be filed with the Secretary of Transportation at least 120 days before the compliance date from which the waiver is sought.
Q2What must an applicant demonstrate to be granted a waiver under FAR 91.871?
Under FAR 91.871(d), the applicant must show that compliance at a particular interim date is financially onerous, physically impossible, or technologically infeasible, or that it would adversely affect competition or service to small communities — and per (c), that the waiver is in the public interest with evidence of good faith compliance efforts.
Q3How long can a waiver granted under FAR 91.871 last?
FAR 91.871(e) limits the waiver term to the circumstances of the application, but in no case may it extend beyond the next interim compliance date.
Studying for a checkride?
Related Sections in Part 91