spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 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, analytical techniques, or related equipment not identical to those specified in
that part, this FAR requires an applicant 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, prescribes 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 obtained.
(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 engine 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 exemption, 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terms of this FAR that are superseded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 aircraft as provided in 40 CFR 87.3(c)
(international
agreements),
and
Section 34.3(d) of this FAR, that provision
may not be adopted or enforced against
that foreign aircraft by a state or political subdivision thereof.

(o) For exhaust emissions requirements of this FAR that apply beginning 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 requirements, if the engine is maintained in
accordance with applicable maintenance requirements for 14 CFR chapter
I. All methods of demonstrating compliance and all model designations previously found acceptable to the Administrator 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 compliance 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]

Section 34.4

[Reserved]

Section 34.5

Special test procedures.

The Administrator or the Administrator of the EPA may, upon written
application by a manufacturer or operator of aircraft or aircraft engines, approve test procedures for any aircraft
or aircraft engine that is not susceptible to satisfactory testing by the procedures set forth herein. Prior to taking action on any such application, the
Administrator or the Administrator of
the EPA shall consult with the other.
Section 34.6

Aircraft safety.

(a) The provisions of this part will be
revised if at any time the Administrator determines that an emission
standard cannot be met within the
specified time without creating a safety 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 aircraft, that provision may not be adopted or enforced against that aircraft by
any state or political subdivision
thereof.

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