title-14-part-34-sec34-3

748

14 CFR Ch. I (1–1–24 Edition)

§ 34.2

Abbreviations.

The abbreviations used in this part

have the following meanings in both
upper and lower case:
CO

Carbon dioxide

Carbon monoxide

EPA

United States Environmental

Protection Agency

FAA

Federal Aviation Administra-

tion, United States Department of
Transportation

g Gram(s)
HC

Hydrocarbon(s)

Horsepower

Hour(s)

water

Kilogram(s)

Kilojoule(s)

kN Kilonewton(s)
kW Kilowatt(s)
lb Pound(s)
LTO

Landing and takeoff

min

Minute(s)

Oxides of nitrogen

Pascal(s)

Rated output

rPR

Rated pressure ratio

sec

Second(s)

Shaft power

Smoke number

Temperature, degrees Kelvin

TIM

Time in mode

Degrees Celsius

Percent

[Doc. No. 25613, 55 FR 32861, Aug. 10, 1990, as
amended by Amdt. 34–3, 64 FR 5559, Feb. 3,
1999; Amdt. 34–5, 77 FR 76850, Dec. 31, 2012]

§ 34.3

General requirements.

(a) This part provides for the ap-

proval or acceptance by the Adminis-
trator or the Administrator of the EPA
of testing and sampling methods, ana-
lytical techniques, and related equip-
ment not identical to those specified in
this part. Before either approves or ac-
cepts any such alternate, equivalent,
or otherwise nonidentical procedures
or equipment, the Administrator or the
Administrator of the EPA shall consult
with the other in determining whether
or not the action requires rulemaking
under sections 231 and 232 of the Clean
Air Act, as amended, consistent with
the responsibilities of the Adminis-
trator of the EPA and the Secretary of
Transportation under sections 231 and
232 of the Clean Air Act.

(b) Under section 232 of the Act, the

Secretary of Transportation issues reg-
ulations to ensure compliance with 40
CFR part 87. This authority has been
delegated to the Administrator of the
FAA (49 CFR 1.47).

(c)

U.S. airplanes. This part applies to

civil airplanes that are powered by air-
craft gas turbine engines of the classes
specified herein and that have U.S.
standard airworthiness certificates.

(d)

Foreign airplanes. Pursuant to the

definition of ‘‘aircraft’’ in 40 CFR 87.1,
this regulation applies to civil air-
planes that are powered by aircraft gas
turbine engines of the classes specified
herein and that have foreign airworthi-
ness certificates that are equivalent to
U.S. standard airworthiness certifi-
cates. This regulation applies only to
those foreign civil airplanes that, if
registered in the United States, would
be required by applicable regulations
to have a U.S. standard airworthiness
certificate in order to conduct the op-
erations intended for the airplane. Pur-
suant to 40 CFR 87.3(c), this regulation
does not apply where it would be incon-
sistent with an obligation assumed by
the United States to a foreign country
in a treaty, convention, or agreement.

(e) Reference in this regulation to 40

CFR part 87 refers to title 40 of the
Code of Federal Regulations, chapter
I—Environmental Protection Agency,
part 87, Control of Air Pollution from
Aircraft and Aircraft Engines (40 CFR
part 87).

(f) This part contains regulations to

ensure compliance with certain stand-
ards contained in 40 CFR part 87. If
EPA takes any action, including the
issuance of an exemption or issuance of
a revised or alternate procedure, test
method, or other regulation, the effect
of which is to relax or delay the effec-
tive date of any provision of 40 CFR
part 87 that is made applicable to an
aircraft under this FAR, the Adminis-
trator of FAA will grant a general ad-
ministrative waiver of its more strin-
gent requirements until this FAR is
amended to reflect the more relaxed re-
quirements prescribed by EPA.

(g) Unless otherwise stated, all ter-

minology and abbreviations in this
FAR that are defined in 40 CFR part 87
have the meaning specified in that
part, and all terms in 40 CFR part 87

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§ 34.6

that are not defined in that part but
that are used in this FAR have the
meaning given them in the Clean Air
Act, as amended by Public Law 91–604.

(h) All interpretations of 40 CFR part

87 that are rendered by the EPA also
apply to this FAR.

(i) If the EPA, under 40 CFR 87.3(a),

approves or accepts any testing and
sampling procedures or methods, ana-
lytical techniques, or related equip-
ment not identical to those specified in
that part, this FAR requires an appli-
cant to show that such alternate,
equivalent, or otherwise nonidentical
procedures have been complied with,
and that such alternate equipment was
used to show compliance, unless the
applicant elects to comply with those
procedures, methods, techniques, and
equipment specified in 40 CFR part 87.

(j) If the EPA, under 40 CFR 87.5, pre-

scribes special test procedures for any
aircraft or aircraft engine that is not
susceptible to satisfactory testing by
the procedures in 40 CFR part 87, the
applicant must show the Administrator
that those special test procedures have
been complied with.

(k) Wherever 40 CFR part 87 requires

agreement, acceptance, or approval by
the Administrator of the EPA, this
FAR requires a showing that such
agreement or approval has been ob-
tained.

(l) Pursuant to 42 U.S.C. 7573, no

state or political subdivision thereof
may adopt or attempt to enforce any
standard respecting emissions of any
air pollutant from any aircraft or en-
gine thereof unless that standard is
identical to a standard made applicable
to the aircraft by the terms of this
FAR.

(m) If EPA, by regulation or exemp-

tion, relaxes a provision of 40 CFR part
87 that is implemented in this FAR, no
state or political subdivision thereof
may adopt or attempt to enforce the
terms of this FAR that are superseded
by the relaxed requirement.

(n) If any provision of this FAR is

rendered inapplicable to a foreign air-
craft as provided in 40 CFR 87.3(c)
(international agreements), and
§ 34.3(d) of this FAR, that provision
may not be adopted or enforced against
that foreign aircraft by a state or po-
litical subdivision thereof.

(o) For exhaust emissions require-

ments of this FAR that apply begin-
ning February 1, 1974, January 1, 1976,
January 1, 1978, January 1, 1984, and
August 9, 1985, continued compliance
with those requirements is shown for
engines for which the type design has
been shown to meet those require-
ments, if the engine is maintained in
accordance with applicable mainte-
nance requirements for 14 CFR chapter
I. All methods of demonstrating com-
pliance and all model designations pre-
viously found acceptable to the Admin-
istrator shall be deemed to continue to
be an acceptable demonstration of
compliance with the specific standards
for which they were approved.

(p) Each applicant must allow the

Administrator to make, or witness,
any test necessary to determine com-
pliance with the applicable provisions
of this FAR.

[Doc. No. 25613, 55 FR 32861, Aug. 10, 1990; 55
FR 37287, Sept. 10, 1990; Amdt. 34–5, 77 FR
76850, Dec. 31, 2012]

§ 34.4

[Reserved]

§ 34.5

Special test procedures.

The Administrator or the Adminis-

trator of the EPA may, upon written
application by a manufacturer or oper-
ator of aircraft or aircraft engines, ap-
prove test procedures for any aircraft
or aircraft engine that is not suscep-
tible to satisfactory testing by the pro-
cedures set forth herein. Prior to tak-
ing action on any such application, the
Administrator or the Administrator of
the EPA shall consult with the other.

§ 34.6

Aircraft safety.

(a) The provisions of this part will be

revised if at any time the Adminis-
trator determines that an emission
standard cannot be met within the
specified time without creating a safe-
ty hazard.

(b) Consistent with 40 CFR 87.6, if the

FAA Administrator determines that
any emission control regulation in this
part cannot be safely applied to an air-
craft, that provision may not be adopt-
ed or enforced against that aircraft by
any state or political subdivision
thereof.