[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR34.7]

[Page 769-770]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 34--FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 34.7  Exemptions.

    Notwithstanding part 11 of the Federal Aviation Regulations (14 CFR 
part 11), all petitions for rulemaking involving either the substance of 
an emission standard or test procedure prescribed by the EPA that is 
incorporated in this FAR, or the compliance date for such standard or 
procedure, must be submitted to the EPA. Information copies of such 
petitions are invited by the FAA. Petitions for rulemaking or exemption 
involving provisions of this FAR that do not affect the substance or the 
compliance date of an emission standard or test procedure that is 
prescribed by the EPA, and petitions for exemptions under the provisions 
for which the EPA has specifically granted exemption authority to the 
Secretary of Transportation are subject to part 11 of the Federal 
Aviation Regulations (14 CFR part 11). Petitions for rulemaking or 
exemptions involving these FARs must be submitted to the FAA.
    (a) Exemptions based on flights for short durations at infrequent 
intervals. The emission standards of this part do not apply to engines 
which power aircraft operated in the United States for short durations 
at infrequent intervals. Such operations are limited to:
    (1) Flights of an aircraft for the purpose of export to a foreign 
country, including any flights essential to demonstrate the integrity of 
an aircraft prior to a flight to a point outside the United States.
    (2) Flights to a base where repairs, alterations or maintenance are 
to be performed, or to a point of storage, or for the purpose of 
returning an aircraft to service.
    (3) Official visits by representatives of foreign governments.
    (4) Other flights the Administrator determines, after consultation 
with the Administrator of the EPA, to be for

[[Page 770]]

short durations at infrequent intervals. A request for such a 
determination shall be made before the flight takes place.
    (b) Exemptions for very low production engine models. The emissions 
standards of this part do not apply to engines of very low production 
after the date of applicability. For the purpose of this part, ``very 
low production'' is limited to a maximum total production for United 
States civil aviation applications of no more than 200 units covered by 
the same type certificate after January 1, 1984. Engines manufactured 
under this provision must be reported to the FAA by serial number on or 
before the date of manufacture and exemptions granted under this 
provision are not transferable to any other engine.
    (c) Exemptions for new engines in other categories. The emissions 
standards of this part do not apply to engines for which the 
Administrator determines, with the concurrence of the Administrator of 
the EPA, that application of any standard under Sec. 34.21 is not 
justified, based upon consideration of--
    (1) Adverse economic impact on the manufacturer;
    (2) Adverse economic impact on the aircraft and airline industries 
at large;
    (3) Equity in administering the standards among all economically 
competing parties;
    (4) Public health and welfare effects; and
    (5) Other factors which the Administrator, after consultation with 
the Administrator of the EPA, may deem relevant to the case in question.
    (d) Time-limited exemptions for in-use engines. The emissions 
standards of this part do not apply to aircraft or aircraft engines for 
time periods which the Administrator determines, with the concurrence of 
the Administrator of the EPA, that any applicable standard under 
Sec. 34.11(a), or Sec. 34.31(a), should not be applied based upon 
consideration of--
    (1) Documentation demonstrating that all good faith efforts to 
achieve compliance with such standard have been made;
    (2) Documentation demonstrating that the inability to comply with 
such standard is due to circumstances beyond the control of the owner or 
operator of the aircraft; and
    (3) A plan in which the owner or operator of the aircraft shows that 
he will achieve compliance in the shortest time which is feasible.
    (e) Applications for exemption from this part shall be submitted in 
duplicate to the Administrator in accordance with the procedures 
established by the Administrator in part 11.
    (f) The Administrator shall publish in the Federal Register the name 
of the organization to whom exemptions are granted and the period of 
such exemptions.
    (g) No state or political subdivision thereof may attempt to enforce 
a standard respecting emissions from an aircraft or engine if such 
aircraft or engine has been exempted from such standard under this part.