FAR 91.873 — Stage 2 Waivers
FAR 91.873 explains how U.S. and foreign air carriers could apply for waivers from the Stage 2 airplane prohibition, including filing deadlines and limits.
In Plain English
FAR 91.873 lets a U.S. or foreign air carrier apply for a waiver from the Stage 2 airplane prohibition in § 91.853, but only under tight conditions tied to the late-1990s noise transition.
Key points:
- The carrier had to have at least 85% of its fleet serving the contiguous U.S. compliant with Stage 3 noise levels by July 1, 1999.
- Applications were due to the Secretary of Transportation by January 1, 1999 (U.S. carriers) or April 20, 2000 (foreign carriers), and had to include a plan with firm orders to replace or modify remaining airplanes.
- A new entrant U.S. carrier had to begin service by January 1, 1999 to be eligible.
- The Secretary may grant the waiver only if it is in the public interest, considering effects on competition and small community air service.
- No waiver may allow Stage 2 operation in the contiguous U.S. after December 31, 2003.
- Waiver requests are published for public comment (normally at least 14 days).
For pilots, this matters because it explains why nearly all transport-category jets operating in the U.S. today are Stage 3 (or quieter) compliant.
Regulation Text
14 CFR § 91.873§ 91.873 Waivers from final compliance.
(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, 2003.
(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; 56 FR 51167 Oct. 10, 1991; Amdt. 91-276, 67 FR 46571, July 15, 2002]
Oral Exam Questions a DPE Might Ask
Q1What is the purpose of FAR 91.873?
FAR 91.873 allows a U.S. or foreign air carrier to apply for a waiver from the Stage 2 airplane prohibition in § 91.853, provided most of its fleet was already Stage 3 compliant by July 1, 1999.
Q2What is the latest date a Stage 2 airplane could operate in the contiguous U.S. under a waiver?
Under FAR 91.873(e), no waiver may permit operation of a Stage 2 airplane in the contiguous United States after December 31, 2003.
Q3What must a carrier include in its waiver application under FAR 91.873?
Per FAR 91.873(b), the application must be filed with the Secretary of Transportation by the applicable deadline and include a plan with firm orders to replace or modify all airplanes to meet Stage 3 noise levels at the earliest practicable time.
Studying for a checkride?
Related Sections in Part 91