891
Federal Aviation Administration, DOT
§ 34.7
(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.
§ 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
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