892
14 CFR Ch. I (1–1–14 Edition)
§ 34.9
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
R
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
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
X
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
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