title-14-part-34-sec34-7

750

14 CFR Ch. I (1–1–24 Edition)

§ 34.7

Exemptions.

Notwithstanding part 11 of the Fed-

eral Aviation Regulations (14 CFR part
11), all petitions for rulemaking involv-
ing 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 sub-
mitted to the EPA. Information copies
of such petitions are invited by the
FAA. Petitions for rulemaking or ex-
emption involving provisions of this
FAR that do not affect the substance
or the compliance date of an emission
standard or test procedure that is pre-
scribed 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 air-
craft operated in the United States for
short durations at infrequent intervals.
Such operations are limited to:

(1) Flights of an aircraft for the pur-

pose of export to a foreign country, in-
cluding any flights essential to dem-
onstrate 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 applica-
tions of no more than 200 units covered
by the same type certificate after Jan-
uary 1, 1984. Engines manufactured
under this provision must be reported
to the FAA by serial number on or be-
fore the date of manufacture and ex-
emptions granted under this provision
are not transferable to any other en-
gine. This exemption is limited to the
requirements of § 34.21 only.

(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 Adminis-
trator of the EPA, that application of
any standard under § 34.21 is not justi-
fied, 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 Adminis-

trator, after consultation with the Ad-
ministrator of the EPA, may deem rel-
evant to the case in question.

(d)

Applicants seeking exemption from

other emissions standards of this part and
40 CFR part 87. Applicants must request
exemption from both the FAA and the
EPA, even where the underlying regu-
latory requirements are the same. The
FAA and EPA will jointly consider
such exemption requests, and will as-
sure consistency in the respective
agency determinations.

(e) Applications for exemption from

this part shall be submitted in dupli-
cate to the Administrator in accord-
ance with the procedures established
by the Administrator in part 11.

(f) The Administrator shall publish in

the F

EDERAL

EGISTER

the name of the

organization to whom exemptions are
granted and the period of such exemp-
tions.

(g) No state or political subdivision

thereof may attempt to enforce a
standard respecting emissions from an

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§ 34.11

aircraft or engine if such aircraft or en-
gine has been exempted from such
standard under this part.

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

§ 34.9

Exceptions.

(a)

Spare engines. Certain engines

that meet the following description are
excepted:

(1) This exception allows production

of an engine for installation on an in-
service aircraft. A spare engine may
not be installed on a new aircraft.

(2) Each spare engine must be iden-

tical to a sub-model previously certifi-
cated to meet all applicable require-
ments.

(3) A spare engine may be used only

when the emissions of the spare do not
exceed the certification requirements
of the original engine, for all regulated
pollutants.

(4) No separate approval is required

to produce spare engines.

(5) The record for each engine ex-

cepted under this paragraph (c) must
indicate that the engine was produced
as an excepted spare engine.

(6) Engines produced under this ex-

ception must be labeled ‘‘EXCEPTED
SPARE’’ in accordance with § 45.13 of
this chapter.

(b) On and after July 18, 2012, and be-

fore August 31, 2013, a manufacturer
may produce up to six Tier 4 compliant
engines that meet the NO

standards of

paragraph (d)(1)(vi) of this section
rather than § 34.23(a)(2). No separate ap-
proval is required to produce these en-
gines. Engines produced under this ex-
ception are to be labeled ‘‘COMPLY’’ in
accordance with § 45.13 of this chapter.

[Doc. No. FAA–2012–1333, 77 FR 76850, Dec. 31,
2012]

Subpart B—Engine Fuel Venting

Emissions (New and In-Use
Aircraft Gas Turbine Engines)

§ 34.10

Applicability.

(a) The provisions of this subpart are

applicable to all new aircraft gas tur-
bine engines of classes T3, T8, TSS, and
TF equal to or greater than 36 kN (8,090
lb) rated output, manufactured on or
after January 1, 1974, and to all in-use

aircraft gas turbine engines of classes
T3, T8, TSS, and TF equal to or greater
than 36 kN (8,090 lb) rated output man-
ufactured after February 1, 1974.

(b) The provisions of this subpart are

also applicable to all new aircraft gas
turbine engines of class TF less than 36
kN (8,090 lb) rated output and class TP
manufactured on or after January 1,
1975, and to all in-use aircraft gas tur-
bine engines of class TF less than 36 kN
(8,090 lb) rated output and class TP
manufactured after January 1, 1975.

[Doc. No. FAA–2012–1333, 77 FR 76850, Dec. 31,
2012]

§ 34.11

Standard for fuel venting emis-

sions.

(a) No fuel venting emissions shall be

discharged into the atmosphere from
any new or in-use aircraft gas turbine
engine subject to the subpart. This
paragraph is directed at the elimi-
nation of intentional discharge to the
atmosphere of fuel drained from fuel
nozzle manifolds after engines are shut
down and does not apply to normal fuel
seepage from shaft seals, joints, and
fittings.

(b) Conformity with the standard set

forth in paragraph (a) of this section
shall be determined by inspection of
the method designed to eliminate these
emissions.

engine, any manufacturer or operator
may show compliance with the fuel
venting and emissions requirements of
this section that were effective begin-
ning February 1, 1974 or January 1,
1975, by any means that prevents the
intentional discharge of fuel from fuel
nozzle manifolds after the engines are
shut down. Acceptable means of com-
pliance include one of the following:

(1) Incorporation of an FAA-approved

system that recirculates the fuel back
into the fuel system.

(2) Capping or securing the pressur-

ization and drain valve.

(3) Manually draining the fuel from a

holding tank into a container.