[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR34.7]



[Page 802-803]

 

                     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 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.



[[Page 803]]



    (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.