[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 34076-34077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15961]




[[Page 34075]]

_______________________________________________________________________

Part VIII





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Part 34



Correction to References in the Fuel Venting and Exhaust Emission 
Requirements for Turbine Engine Powered Airplanes; Final Rule

  Federal Register/ Vol. 60, No. 125 / Thursday, June 29, 1995 / Rules 
and Regulations  

[[Page 34076]]


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 34

[Docket No. 27686, Amdt. No. 34-1]
RIN 2120-AE55


Correction to References in the Fuel Venting and Exhaust Emission 
Requirements for Turbine Engine Powered Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends a specific reference in a regulation to 
provide that the preproduction certification compliance program 
described in Appendix 6 to International Civil Aviation Organization 
Annex 16 is an acceptable means of compliance with gaseous emission 
standards. This document also amends specific references to add the 
effective date of Volume II of Annex 16. This rule is intended to 
ensure that the regulations accurately reflect what was intended by the 
originally proposed rule.

EFFECTIVE DATE: July 31, 1995.

FOR FURTHER INFORMATION CONTACT:
Mr. Edward McQueen, Research and Engineering Branch (AEE-110), Office 
of Environment and Energy, Federal Aviation Administration, 800 
Independence Avenue, S.W., Washington, DC 20591, telephone (202) 267-
3560.

SUPPLEMENTARY INFORMATION:

Background

    Section 232 of the Clean Air Act Amendments of 1970, (42 U.S.C. 
7401 et seq.), requires the Federal Aviation Administration (FAA) to 
issue regulations that ensure compliance with all aircraft emission 
standards promulgated by the Environmental Protection Agency (EPA) 
under Section 231 of the Act. Those emission standards are prescribed 
in 40 CFR part 87. The FAA issued Special Federal Aviation Regulation 
(SFAR) Number 27 (38 FR 35427, December 28, 1973) to ensure compliance 
with the aircraft and aircraft engine emission standards and test 
procedures issued by the EPA in 40 CFR part 87.
    In 1989, the FAA proposed to codify SFAR 27 as 14 CFR part 34 (53 
FR 18530, May 23, 1988). The NPRM included proposed Sec. 34.71, which 
stated that compliance with gaseous emission standards would be shown 
by comparing the pollutant levels with the applicable emission 
standards. Proposed Sec. 34.71 also stated that an acceptable means of 
compliance would be incorporated by reference in proposed Sec. 34.4. 
Proposed Sec. 34.4 referenced the preproduction program described in 
Appendix 6 to International Civil Aviation Organization (ICAO) Annex 
16, ``Environmental Protection, Volume II--Aircraft Engine Emissions, 
First Edition, June 1981, effective February 18, 1982,'' as an 
acceptable means of compliance with Sec. 34.71.
    In August of 1990, the proposal was adopted as part 34, ``Fuel 
Venting and Exhaust Emission Requirements for Turbine Engine Powered 
Airplanes,'' effective September 10, 1990 (55 FR 32856, August 10, 
1990). Part 34 contains all of the applicable aircraft engine fuel 
venting and exhaust emission requirements of SFAR 27, and the test 
procedures specified under the regulations implementing the Clean Air 
Act. Sec. 34.4 was not adopted as proposed, but was ``reserved.'' The 
FAA had intended to, instead, specifically incorporate in Section 34.71 
the reference to Appendix 6 of ICAO Annex 16; however, the reference to 
an acceptable means of compliance was inadvertently omitted. In 
addition, the final rule did not state the effective date of Volume II 
of ICAO Annex 16 in several other sections where this cite was 
referenced.
    After part 34 was adopted, the FAA received several requests for 
clarification of the compliance standards stated in Sec. 34.71; the FAA 
also received inquiries asking why Appendix 6 to Volume II of ICAO 
Annex 16 was omitted as an acceptable alternative to testing every 
engine. Members of the public stated that Secs. 34.4 and 34.71 were 
different from those proposed in the NPRM. The FAA recognizes that the 
final rule, as adopted, caused the confusion. In responding to the 
inquiries, the FAA has stated that the intent of the 1989 proposal was 
to accept Appendix 6 as an alternative means of compliance. 
Accordingly, the FAA has determined that Sec. 34.71 should be amended 
to reflect the intent of the proposal.

Discussion of Comments

    On April 13, 1994, the FAA published an NPRM (59 FR 17640) to 
revise Sec. 34.71 or part 34. This proposal stated that Appendix 6 to 
ICAO Annex 16, ``Environmental Protection, Volume II--Aircraft Engine 
Emissions, First Edition, June 1981, effective February 18, 1982,'' is 
an acceptable means of compliance with that section. In addition, it 
was proposed that Secs. 34.64, 34.82, and 34.89 of part 34 would be 
revised to state that the effective date of Volume II of Annex 16 is 
February 18, 1982. No comments were received in the docket after a 60-
day comment period.

Regulatory Evaluation Summary

    This regulatory evaluation examines the potential costs and 
benefits of the proposed rule to amend part 34. Changes to Federal 
regulations are required to undergo several economic analyses. First, 
Executive Order 12866 directs each Federal agency to propose or adopt a 
regulation only upon a reasoned determination that the benefits of the 
intended regulation justify its costs. Second, the Regulatory 
Flexibility Act of 1980 requires agencies to analyze the economic 
effect of regulatory changes on small entities. Third, the Office of 
Management and Budget directs agencies to assess the effect of 
regulatory changes on international trade. With respect to this rule, 
the FAA has determined that it: (1) is not ``a significant regulatory 
action'' as defined in the Executive Order; (2) is not significant as 
defined in the Department of Transportation's Regulatory Policies and 
Procedures; (3) will not have a significant impact on a substantial 
number of entities; and (4) will not constitute a barrier to 
international trade. Therefore, a full regulatory analysis, which 
includes the identification and evaluation of cost-reducing 
alternatives to this rule, has not been prepared. Instead, the agency 
has prepared a more concise analysis of this rule which is presented in 
the following paragraph.
    There are no known costs associated with this final rule. The 
purpose of this rule is to correct an inadvertent omission from 
Sec. 34.71. In that regulation, the FAA intended to but did not fully 
incorporate by reference Appendix 6 to ICAO Annex 16, Environmental 
Protection, Volume II--Aircraft Engine Emissions, First Edition, June 
1981, effective February 18, 1982, in that regulation. Appendix 6 
describes an acceptable alternative to testing every engine for 
compliance with gaseous emission standard. The benefit of this rule is 
that it will eliminate the confusion surrounding the omission of the 
reference, and it will clarify the intent of the regulation in part 34. 
This revision to part 34 will also eliminate the need for the public to 
call the FAA to find out whether Appendix 6 to ICAO Annex 16 is an 
acceptable means of compliance with Sec. 34.71. This rule also revises 
Secs. 34.64, 34.82, and 34.89 to clarify that the effective date of 
Volume II of Annex 16 is February 18, 1982.

[[Page 34077]]


International Trade Impact Assessment

    The proposed rule represents a clarifying change and will not 
impose any costs on either U.S. or foreign operators. Therefore, a 
competitive trade disadvantage will not be incurred by either U.S. 
operators abroad or foreign operators in the United States.

Initial Regulatory Flexibility Determination

    In accordance with the Regulatory Flexibility Act of 1980, the 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. This is because the proposed rule 
is clarifying in nature and will not impose any costs.

Environmental Analysis
    Section 232 of the Clean Air Act Amendments of 1970 mandates that 
the FAA issue regulations to ensure compliance with the EPA aircraft 
emissions standards. The EPA has performed all required environmental 
analyses prior to the issuance of those standards. Since this rule 
represents a clarifying correction and will not significantly affect 
the quality of the human environment, no further analyses is required.

Federalism Implications

    The regulations herein will not have substantial direct effects on 
the states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule will not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Conclusion

    The FAA has determined that this rule: (1) is not a significant 
regulatory action under Executive Order 12866; (2) is not a significant 
rule under DOT Regulatory Policies and Procedures (44 FR 11034, 
February 26, 1979); and (3) will not have a significant economic impact 
on a substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 34

    Air pollution control, Aircraft.

The Amendment

    Accordingly, the Federal Aviation Administration amends 14 CFR part 
34 of the Federal Aviation Regulations as follows:

PART 34--FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE 
ENGINE POWERED AIRPLANES

    1. The authority citation for part 34 continues to read as follows:

    Authority: 42 U.S.C. 1857f-10; 49 U.S.C. 106(g); 49 U.S.C. App. 
1348(c), 1354(a), 1421, 1423.

    2. Section 34.64 is amended by revising the first sentence to read 
as follows:


Sec. 34.64  Sampling and analytical procedures for measuring gaseous 
exhaust emissions.

    The system and procedures for sampling and measurement of gaseous 
emissions shall be done in accordance with Appendices 3 and 5 to ICAO 
Annex 16, Environmental Protection, Volume II--Aircraft Engine 
Emissions, First Edition, June 1981, effective February 18, 1982. * * *
    3. Section 34.71 is revised to read as follows:


Sec. 34.71  Compliance with gaseous emission standards.

    Compliance with each gaseous emission standard by an aircraft 
engine shall be determined by comparing the pollutant level in grams/
kilonewton/thrust/cycle or grams/kilowatt/cycle as calculated pursuant 
to Sec. 34.64 with the applicable emission standard under this part. An 
acceptable alternative to testing every engine is described in Appendix 
6 to ICAO Annex 16, Environmental Protection, Volume II--Aircraft 
Engine Emissions, First Edition, June 1981, effective February 18, 
1982. This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. This document can be obtained from the address listed in 
Sec. 34.64. Other methods of demonstrating compliance may be approved 
by the Administrator with the concurrence of the Administrator of the 
EPA.
    4. Section 34.82 is amended by revising the first sentence to read 
as follows:


Sec. 34.82  Sampling and analytical procedures for measuring smoke 
exhaust emissions.

    The system and procedures for sampling and measurement of smoke 
emissions shall be done in accordance with Appendix 2 to ICAO Annex 16, 
Environmental Protection, Volume II--Aircraft Engine Emissions, First 
Edition, June 1981, effective February 18, 1982. * * *
    5. Section 34.89 is amended by revising the third sentence and 
adding new fourth and fifth sentences to read as follows:


Sec. 34.89  Compliance with smoke emission standards.

    * * * An acceptable alternative to testing every engine is 
described in Appendix 6 to ICAO Annex 16, Environmental Protection, 
Volume II--Aircraft Engine Emissions, First Edition, June 1981, 
effective February 18, 1982. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. This document can be obtained from the 
address listed in Sec. 34.64.

    Issued in Washington, DC on June 22, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-15961 Filed 6-28-95; 8:45 am]
BILLING CODE 4910-13-M