(a) Exemptions based on flights for short durations at infrequent intervals. The emission standards of this part do not apply to engines which power aircraft operated in the United States for short durations at infrequent intervals. Such operations are limited to:
(1) Flights of an aircraft for the purpose of export to a foreign country, including any flights essential to demonstrate the integrity of an aircraft prior to its 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, and flights for the purpose of returning an aircraft to service.
(3) Official visits by representatives of foreign governments.
(4) Other flights the Secretary determines, after consultation with the Administrator, 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 models. The emissions standards of this part do not apply to engines of very low total 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 applications of no more than 200 units covered by the same type certificate after January 1, 1984.
(c) Exemptions for New Engines in Other Categories. The emissions standards of this part do not apply to engines for which the Secretary determines, with the concurrence of the Administrator, that application of any standard under § 87.21 is not justified, 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.
(5) Other factors which the Secretary, after consultation with the Administrator, may deem relevant to the case in question.
(d) Time Limited Exemptions for In Use Engines. The emissions standards of this part do not apply to aircraft or aircraft engines for time periods which the Secretary determines, with the concurrence of the Administrator, that any applicable standard under § 87.11(a), § 87.31(a), or § 87.31(c), should not be applied based upon consideration of the following:
(1) Documentation demonstrating that all good faith efforts to achieve compliance with such standard have been made.
(2) Documentation demonstrating that the inability to comply with such standard is due to circumstances beyond the control of the owner or operator of the aircraft.
(3) A plan in which the owner or operator of the aircraft shows that he will achieve compliance in the shortest time which is feasible.
(4) Applications for a determination that any requirements of § 87.11(a), § 87.31(a) or § 87.31(c) do not apply shall be submitted in duplicate to the Secretary in accordance with procedures established by the Secretary.
(e) The Secretary shall publish in the Federal Register the name of the organization to whom exemptions are granted and the period of such exemptions.
(f) No state or political subdivision thereof may attempt to enforce a standard respecting emissions from an aircraft or engine if such aircraft or engine has been exempted from such standard under this part.
[47 FR 58470, Dec. 30, 1982, as amended at 49 FR 31875, Aug. 9, 1984; 49 FR 41002, Oct. 18, 1984; 70 FR 69686, Nov. 17, 2005]
Title 40 published on 2012-07-01
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