[Federal Register Volume 62, Number 89 (Thursday, May 8, 1997)]
[Rules and Regulations]
[Pages 25356-25367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11676]
[[Page 25355]]
_______________________________________________________________________
Part III
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 87
_______________________________________________________________________
Control of Air Pollution From Aircraft and Aircraft Engines; Emission
Standards and Test Procedures; Final and Proposed Rule
Federal Register / Vol. 62, No. 89 / Thursday, May 8, 1997 / Rules
and Regulations
[[Page 25356]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 87
[AMS-FRL-5821-3]
Control of Air Pollution From Aircraft and Aircraft Engines;
Emission Standards and Test Procedures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule (DFRM).
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SUMMARY: This rulemaking amends the existing United States regulations
governing the exhaust emissions from new commercial aircraft gas
turbine engines. Under the authority of section 231 of the Clean Air
Act (CAA), the Environmental Protection Agency (EPA) is promulgating
new emission standards for oxides of nitrogen (NOX) and
carbon monoxide (CO) for newly manufactured and newly certified
commercial aircraft gas turbine engines with rated thrust greater than
26.7 kilonewtons (kN). This action will codify into United States law
the current voluntary NOX (a two-staged NOX
standard) and CO emission standards of the United Nations International
Civil Aviation Organization (ICAO), and thereby bring the United States
emission standards into alignment with the internationally adopted
standards. These ICAO CO and NOX standards are being added
to the current EPA regulations for smoke and hydrocarbon emissions that
have been in effect since 1984. EPA is also adopting ICAO's requirement
that these standards also apply to applications that otherwise would
have been fulfilled by turbojet and turbofan engines (e.g. propfan,
unducted fan, and advanced ducted fan). In addition, today's action
also amends the test procedures for gaseous exhaust emissions and smoke
exhaust emissions to correspond to recent amendments to the ICAO test
procedures for these emissions. EPA is also amending its certification
test fuel specifications to make them consistent with ICAO's test fuel
specifications.
All of the affected engines are already meeting the ICAO CO and
first-stage NOX emission standards that EPA is adopting
today. Most engines also meet the ICAO second-stage NOX
standard; only a few models need minor reductions in emissions to meet
this standard. In addition, most manufacturers routinely measure these
emissions today even though it is not required by federal regulation.
Today's amendments to the emission test procedures are those
recommended by ICAO and are widely used by the aircraft engine
industry. Thus, today's rulemaking promulgates action that will
establish consistency between U.S. and international standards,
requirements, and test procedures. Since aircraft and aircraft engines
are international commodities, there is some commercial benefit to
consistency between U.S. and international emission standards and
control program requirements (i.e., easier to qualify products for
international markets since the Federal Aviation Administration (FAA)
can certify engines for ICAO compliance). In addition, today's action
ensures that domestic commercial aircraft will meet the current
international standards, and thus, the public can be assured they are
receiving the air quality benefits of the international standards.
DATES: This rule is effective July 7, 1997 unless notice is received by
June 9, 1997 that adverse or critical comments will be submitted on a
specific element of this rule. EPA will publish a timely document in
the Federal Register withdrawing this rulemaking if adverse comments
are received. The incorporation by reference of certain publications
listed in the regulations is approved by the Director of the Federal
Register as of July 7, 1997.
ADDRESSES: Interested parties may submit written comments in response
to this notice (in duplicate if possible) to Public Docket No. A-94-66,
at: Air Docket Section, U.S. Environmental Protection Agency,
Attention: Docket No. A-94-66, First Floor, Waterside Mall, Room M-
1500, 401 M Street SW., Washington, DC 20460. A copy of the comments
should also be sent to Bryan Manning, U.S. EPA (EPCD-12), Engine
Programs and Compliance Division, 2565 Plymouth Road, Ann Arbor, MI
48105.
Materials relevant to this notice have been placed in Docket No. A-
94-66 by EPA. The docket is located at the above address and may be
inspected from 8:00 a.m. to 5:30 p.m. on weekdays. EPA may charge a
reasonable fee for copying docket materials.
A copy of this action and the Regulatory Support Document is
available through the Technology Transfer Network Bulletin Board System
(TTNBBS) under OMS, Rulemaking and Reporting, Non-Road, and Aviation
Emissions. TTNBBS is available 24 hours a day, 7 days a week except
Monday morning from 8-12 eastern standard time (EST), when the system
is down for maintenance and backup. For help in accessing the system,
call the systems operator at 919-541-5384 in Research Triangle Park,
North Carolina, during normal business hours EST. In addition, the
TTNBBS can be accessed through the following internet addresses: World
Wide Web: http://ttnwww.rtpnc.epa.gov or TELNET: ttnbbs.rtpnc.epa.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Manning, U.S. EPA (EPCD-12),
Engine Programs and Compliance Division, 2565 Plymouth Road, Ann Arbor,
MI 48105. Telephone (313) 741-7832.
SUPPLEMENTARY INFORMATION:
Regulated entities. Entities potentially regulated by this action
are those that manufacture and sell aircraft engines and aircraft in
the United States. Regulated categories include:
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Examples of regulated
Category entities
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Industry.................................. New aircraft engine
manufacturers.
Industry.................................. New aircraft manufacturers.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your activities are regulated by this action, you should carefully
examine the applicability criteria in 40 CFR 87.20. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
I. Introduction
A. History of EPA's Regulation of Aircraft Engine Emissions
Section 231 of the Clean Air Act (CAA) directs the EPA
Administrator to ``issue proposed emission standards applicable to the
emission of any air pollutant from any class or classes of aircraft or
aircraft engines which in his judgment causes, or contributes to, air
pollution which may reasonably be anticipated to endanger public health
or welfare'' (42 U.S.C. 7571(a)(2)). Under this authority EPA has
conducted several rulemakings establishing emission standards and
related requirements for several classes (commercial and general
aviation engines) of aircraft and aircraft engines. In 1973, EPA
promulgated emission regulations for vented fuel, smoke, and exhaust
(HC, NOX, and CO) emissions (38 FR 19088, July 17, 1973).
Three tiers of standards were promulgated: retrofit standards for in-
use engines, standards
[[Page 25357]]
for newly manufactured engines (those engines built after the effective
date of the regulations) and for newly certified engines (those engines
designed and certified after the effective date of the regulations). On
August 16, 1976 (41 FR 34722) EPA promulgated emission standards for
supersonic aircraft engines. On January 7, 1980 (45 FR 1419), EPA
rescinded all gaseous emission requirements for piston engines (P1) and
auxiliary power units (APU). On December 30, 1982 (47 FR 58462) EPA
revisited aircraft engine emissions and amended regulations as follows:
(1) Withdrew HC, CO, and NOX emission standards for gas
turbine engines used only for general aviation applications, for
aircraft gas turbine engines of rated thrust less than 26.7 kN, and for
newly certified aircraft gas turbine engines (i.e., engine models
produced for the first time) in all rated thrust categories;
(2) Withdrew CO and NOX, emission standards for newly
manufactured aircraft gas turbine engines (i.e., engines already being
produced) of rated thrust equal to or greater than 26.7 kN;
(3) Decreased the stringency of the HC emission standards for newly
manufactured aircraft gas turbine engines of rated thrust equal to or
greater than 26.7 kN;
(4) Revised smoke emission standards for turboprop engines to agree
with existing U.S. Air Force smoke standards;
(5) Revised compliance date for all gaseous emission standards from
January 1, 1983 to January 1, 1984;
(6) Exempted engine models produced in quantities of 20 units per
year or less or not more than 200 units total future production;
(7) Redefined the idle power set point for engine compliance
testing;
(8) Revised the test fuel specification for engine compliance
testing; and
(9) Transferred responsibility and authority for evaluation of
requests for exemption from emission standards to the Secretary of
Transportation (DOT).
On October 18, 1984 (49 FR 41002) EPA amended the test fuel
specifications by broadening the ranges of allowable test fuel
naphthalenes content, hydrogen content, viscosity, and final boiling
point values.
Prior to today's action, EPA regulations were limited to smoke and
fuel venting emissions standards for all commercial jet aircraft
classes (turboprop engines (TP), turbofan and turbojet engines (TF),
turbine engines of the JT3D model family (T3), turbine engines of the
JT8D model family (T8), and turbine engines for aircraft designed to
operate at supersonic flight speeds (TSS)) and HC emission standards
for newly manufactured aircraft gas turbine engines (TF, T3, and T8)
with a thrust greater than 26.7 kN. Separate HC emission standards
exist for gas turbine engines employed in supersonic aircraft, and the
smoke standards vary for the several different classes of engines (see
40 CFR part 87 for a summary of EPA's aircraft engine emission control
requirements and 14 CFR part 34 for the Secretary of Transportation's
regulations for ensuring compliance with these standards in accordance
with section 232 of the Clean Air Act) .
B. Interaction With the International Community
Since publication of the initial standards in 1973, EPA, together
with the Federal Aviation Administration (FAA), has worked with the
International Civil Aviation Organization (ICAO) on the development of
international aircraft engine emission standards. ICAO was established
in 1944 by the United Nations ``in order that international civil
aviation may be developed in a safe and orderly manner and that
international air transport services may be established on the basis of
equality of opportunity and operated soundly and economically.''
1 In 1972 at the United Nations Conference on the Human
Environment, ICAO's position on the human environment was developed to
be the following: ``[i]n fulfilling this role ICAO is conscious of the
adverse environmental impact that may be related to aircraft activity
and its responsibility and that of its member States to achieve maximum
compatibility between the safe and orderly development of civil
aviation and the quality of the human environment.'' Also, in 1972 ICAO
established the position to continue ``* * * with the assistance and
cooperation of other bodies of the Organization and other international
organizations * * * the work related to the development of Standards,
Recommended Practices and Procedures and/or guidance material dealing
with the quality of the human environment * * *.'' 2 The
United States is one of more than 150 participating member States of
ICAO. Under the basic ICAO treaty established in 1944, the
participating nations have an obligation to adopt to the extent
possible the ICAO standards. A nation which elects not to do so must
provide a written explanation to ICAO describing why a given standard
is impractical to comply with or not in their national interest.
However, ICAO standards are voluntary and therefore have no punitive
powers for states that elect not to adopt ICAO standards.
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\1\ ICAO, Booklet on ``The Convention on International Civil
Aviation--The First 35 Years'', 1979.
\2\ International Civil Aviation Organization (ICAO), Foreword
of ``Aircraft Engine Emissions,'' Annex 16, Volume II, Second
Edition, July 1993.
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On June 30, 1981, ICAO issued its first international standards and
recommended practices covering aircraft engine emissions. These
provisions applied to many of the same classes of engines to which the
U.S. standards in force at that time applied. As mentioned above, with
the establishment of the international standards, the U.S. was
obligated under the Convention on International Civil Aviation to
notify ICAO regarding differences between U.S. standards and ICAO
standards and to provide notification on the date by which the program
requirements would be consistent. At the time that the 1981 ICAO
standards were issued, EPA was in the midst of a rulemaking
reconsidering various provisions of the aircraft emission regulations
in effect at that time. Among other actions, this rulemaking ultimately
resulted in the scaling back of the U.S. program originally promulgated
in July 1973 including withdrawal of the CO and NOX emission
standards for newly manufactured gas turbine engines and exemptions for
general aviation engines and commercial gas turbine engines with less
than 26.7 kN thrust. (See the December 30, 1982 Federal Register and
public docket OMSAPC-78-1 for more information on the rationale for
this action.) With the exception of the changes made above (most
notably an EPA decision not to adopt the ICAO CO and NOX
standards at that time), these 1982 U.S. regulations were compatible
with the ICAO requirements released in 1981 (Annex II, First
Edition).3
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\3\ The U.S. notified ICAO of these differences.
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On July 26, 1993 ICAO issued an amendment to existing
NOX emission standards and test procedures for aircraft
engine emissions.4 The new ICAO NOX emission
standard (revised NOX emission standard will take effect in
year 1996 for newly certified engines and year 2000 for newly
manufactured engines) represents a 20 percent reduction over the ICAO
NOX emission standard issued in 1981. As discussed above,
the U.S. has an obligation under the Convention on International Civil
Aviation to notify ICAO regarding differences between U.S. standards
and
[[Page 25358]]
ICAO standards, and to provide notification on the date by which the
program requirements will be consistent. In response to this action by
ICAO and for the reasons discussed below, EPA is adopting ICAO's 1993
amendments, ICAO's existing NOX and CO emission standards
issued in 1981, and other technical amendments to further align EPA and
ICAO requirements.
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\4\ International Civil Aviation Organization (ICAO), ``Aircraft
Engine Emissions,'' Annex 16, Volume II, Second Edition, July 1993.
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II. Environmental Need for Control
It has been more than ten years since EPA issued a rulemaking
action with regard to aircraft and aircraft engines, and thus, U.S.
standards and ICAO standards have been inconsistent throughout this
same time period. As mentioned above, Section 231(a)(2) of the CAA
authorizes EPA to, from time to time, revisit emission standards for
aircraft engine emissions ``* * * which in his judgment causes, or
contributes to air pollution which may * * * endanger the public health
or welfare.'' In judging the need for the NOX and CO
standards promulgated in today's action, the Administrator has
determined (1) that the public health and welfare is endangered in
several air quality regions by violation of the National Ambient Air
Quality Standards (NAAQS) for NOX (which contributes to
ozone) and CO; and (2) that airports and aircraft are now or are
projected to be, significant sources of emissions of NOX and
CO in some of the air quality control regions in which the NAAQS are
being violated. (EPA has found that at 16 different airports commercial
aircraft emit over 1,000 tons per year of NOX and 2,000 tons
per year of CO at the ground level.) 5
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\5\ Energy and Environmental Analysis, ``Work Assignment 04,
Task 1: Final Report, Inventory of Civil Aircraft Emissions for
Twenty-Five Nonattainment Areas,'' September 11, 1991.
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Currently, aircraft are about 2 percent of the total U.S. mobile
source NOX and CO ground level emissions inventory.
Commercial aircraft emissions are about 70 and 30 percent respectively
of these NOX and CO aircraft emissions
inventories.6 Commercial aircraft emissions are a fast
growing segment of the transportation sector's emission inventory. This
growth in commercial aircraft emissions is occurring at a time when
other significant mobile and stationary sources are drastically
reducing emissions, thereby accentuating the growth in aircraft
emissions. For instance, commercial aircraft in the Los Angeles area
will consume about 4 percent of the basin's allowable emissions
inventory by 2010, which would be double its current
contribution.7
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\6\ E.H. Pechan and Associates, Inc., ``National Annual Aircraft
Emissions by Subcategory from Trends 1995 Report'' (National Air
Pollutant Emission Trends 1995--EPA), Facsimile from Maureen Mullen
to Bryan Manning of the U.S. EPA, August 16, 1996.
\7\ U.S. EPA, California Federal Implementation Plan proposal,
59 FR 23355, May 5, 1994.
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Air pollutants resulting from airport operations are emitted from
several types of sources: aircraft main engines and auxiliary power
units (APUs); ground support equipment (GSE) , which include vehicles
such as aircraft tugs, baggage tugs, fuel trucks, maintenance vehicles,
and other miscellaneous vehicles used to support aircraft operations;
ground access vehicles (GAV), which include vehicles from off-site used
by passengers, employees, freight operators, and other persons
utilizing an airport. EPA's previous estimates show aircraft engines
comprise approximately 45 percent of total air pollutant emissions from
airport operations; GAV account for another 45 percent, and APUs and
GSEs combined make up the remaining 10 percent.8 Since EPA
continues to study the total effect of airport ground-level emission
sources and will deal with GAVs in another venue, these sources could
be part of future notices in which EPA will request comment on possible
regulation.
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\8\ The California FIP, signed by the Administrator 2/14/95, is
located in EPA Air Docket A-94-09, item number V-A-1. The FIP was
vacated by an act of Congress before it became effective.
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Adopting the ICAO NOX and CO emission standards and
related test procedures will help in achieving and/or maintaining
compliance with the NAAQS for ozone (O3), NOX,
CO, and particulate matter (PM). Some of the adverse effects on public
health and welfare associated with these pollutants are discussed
briefly below.
A. NOX, PM, and Ground-Level Ozone
NOX is directly harmful to human health and the
environment. Exposure to NO2 (nitrogen dioxide) can reduce
pulmonary function and increase airway irritation in healthy subjects
as well as people with pre-existing pulmonary conditions. In children,
exposure to NO2 at or near the level of the ambient standard
appears to increase the risk of respiratory illness. NOX and
one of its key transformation products (nitric acid) also contribute to
a number of adverse environmental impacts such as overgrowth of algae
and oxygen depletion (eutrophication). (NOX and its products
have a role in excess nitrogen loads to sensitive water bodies. For
instance, 25 percent of excess nitrogen to the Chesapeake Bay comes
from the air.) NOX and its products contribute to acid rain,
which affects both terrestrial and aquatic ecosystems (already under
stress from sulfur related acidification), including acidification of
surface waters, reduction in fish populations, damage to forests and
associated wildlife, soil degradation, damage to materials, monuments,
buildings, etc., and reduced visibility. In addition, NOX at
cruise altitudes from subsonic aircraft is considered to be a precursor
of tropospheric ozone and a contributor to greenhouse gas.9
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\9\ Intergovernmental Panel on Climate Change, ``Radiative
Forcing of Climate Change,'' 1994; United Nation Environment
Programme/World Meteorological Organization, ``Scientific Assessment
of Ozone Depletion,'' 1994.
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NOX emitted at low altitude is also a precursor in the
formation of some nitrate particulate matter (PM) in the atmosphere
(mostly ammonium nitrate). In general, nitrate PM is a significant
contributor to overall ambient PM concentrations in many parts of the
western U.S., and thus, contributes to the overall health and welfare
concerns related to PM. Essentially all nitrate PM is of such a
diameter that it is respirable in humans.
NOX is also a primary precursor to atmospheric ozone
(O3) on a broad regional scale. Ozone is a highly reactive
chemical compound which can affect both biological tissues and man-made
materials. Ozone can affect human pulmonary and respiratory health--
symptoms include chest pain, coughing, and shortness of breath.
The presence of elevated levels of ozone is of concern in rural
areas as well. Because of its high chemical reactivity, ozone causes
damage to vegetation. Estimates based on experimental studies of the
major commercial crops in the U.S. suggest that ozone may be
responsible for significant agricultural crop yield losses. In
addition, ozone causes noticeable leaf damage in many crops, which
reduces marketability and value. Finally, there is evidence that
exposures to ambient levels of ozone which exist in many parts of the
country are also responsible for forest and ecosystem damage. Such
damage may be exhibited as leaf damage, reduced growth rate, and
increased susceptibility to insects, disease, and other environmental
stresses and has been reported to occur in areas that attain the
current NAAQS. There are complexities associated with evaluating such
effects due to the wide range of species and biological systems that
introduce significant uncertainties.10
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\10\ U.S. Environmental Protection Agency, Advance Notice of
Proposed Rule--``Control of Air Pollution from Heavy-Duty Engines,''
Section II, ``Health Concerns and Air Quality Issues:
NOX, VOC, Ozone, and Particulate Matter; 60 FR 45580,
August 31, 1995.
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[[Page 25359]]
B. Carbon Monoxide
For CO emissions, the growth in aircraft emissions is a concern
because of the role of CO plays in harming human health. It is
important in both the airport occupational and community environments.
CO enters the blood stream and reduces the delivery of oxygen to the
body's organs and tissues. CO is most serious for those who suffer from
cardiovascular disease, particularly those with angina or peripheral
vascular disease. Exposure to high levels of CO is associated with the
impairment of visual perception, work capacity, manual dexterity,
learning ability and performance of complex tasks. 11
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\11\ U.S. Environmental Protection Agency, ``National Air
Pollutant Emission Trends,'' EPA/454/R-94/027, October 1994; ``Air
Quality Criteria for Carbon Monoxide,'' EPA/600/8-90/045F, October
1991.
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III. Description of Action
Under the authority of section 231 of the CAA, EPA today is
adopting ICAO's June 1981 NOX and CO emission standards and
ICAO's amendments of July 1993, which include a more stringent
NOX standard for the future and other test procedure
changes. EPA is adopting regulations for aircraft engine NOX
and CO control for several reasons. Maintenance of the NAAQS requires
that aircraft engines be subject to a program of control compatible
with their significance as pollution sources. The development of
cleaner gas turbine engine technology has demonstrated the technical
feasibility at a reasonable cost of the ICAO standards adopted in 1981
and amended 1993. Aircraft and aircraft engines are international
commodities and, as such, are designed and manufactured to meet
international standards. Thus, even though the U.S. did not adopt the
ICAO CO and NOX standards in 1982, engine manufacturers have
continued to make progress in reducing these emissions. Today's action
is aimed at assuring that this progress is not reversed in the future.
It is important to note that section 233 of the CAA vests authority to
implement emission standards for aircraft engines only in
EPA.12 States are preempted from taking independent action.
Thus, while many states are implementing control programs to reduce
mobile source emissions, it is EPA's responsibility to assure that a
comprehensive emission control program is established for aircraft
engines. In addition, the U.S. has an obligation to be compatible with
the ICAO program if deemed appropriate, as discussed above.
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\12\ CAA section 233 entitled ``State Standards and Controls''
states that ``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 such standard
is identical to a standard applicable to such aircraft under this
part.''
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Today's promulgated emission standards and test procedures apply to
commercial aircraft engines; no general aviation or military engines
are covered by today's rule. The commercial aircraft engines subject to
today's rule are those engines that are either newly certified or newly
manufactured after the effective date of these regulations. The adopted
emission standards, test procedures, and their effective dates are
described below. For the sake of consistency and harmonization, the
effective dates below for NOX standards are identical with
those of the ICAO NOX standards. EPA recognizes that these
requirements are not effective or federally enforceable for engines
produced prior to July 7, 1997.
A. CO Standard
EPA adopts ICAO's CO emission standard for newly manufactured
aircraft gas turbine engines (turbofan and turbojet engines) of rated
thrust greater than 26.7 kilonewtons (kN) as follows:
For all engines, manufactured on or after July 7, 1997;
CO = 118 grams/kilonewton (g/kN)(rated output).
This standard is identical to the ICAO standard that became effective
in 1986. The CO emission standard does not provide compliance lead time
since it was adopted in 1981 and all newly manufactured engines have
met the ICAO standard for many years. According to data available to
EPA at this time, all applicable engines covered by this promulgated
emission standard currently meet this emission standard.13
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\13\ U.S. Environmental Protection Agency, Office of Mobile
Sources, ``Regulatory Support Document for Aircraft Engine Emissions
Regulations'', February 1997.
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B. NOX Standards
EPA adopts ICAO's NOX emission standard for newly
certified and newly manufactured aircraft gas turbine engines (turbofan
and turbojet engines) of rated thrust greater than 26.7 kN with
compliance dates as follows:
For engines of a type or model of which that date of manufacture of
the first individual production model was on or before December 31,
1995 and for which the date of manufacture of the individual engine was
on or before December 31, 1999;
NOX = (40 + 2(rated pressure ratio))g/kN(rated output);
For engines of a type or model of which the date of manufacture of
the first individual production model was after December 31, 1995 or
for which the date of manufacture of the individual engine was after
December 31, 1999;
NOX = (32 + 1.6(rated pressure ratio))g/kN(rated output).
The first NOX emission standard presented above matches
the ICAO standard that became effective in 1986. According to available
data, the NOX emission standard for those engines certified
on or before December 31, 1995 and manufactured on or before December
31, 1999 is now being met by all engines covered by this rulemaking.
The later NOX emission standard above (for engines newly
certified after 1995 and newly manufactured after the year 1999)
matches the ICAO 1993 amendments' 20 percent reduction which becomes
effective in the year 1996 for newly certified engines and in the year
2000 for newly manufactured engines. There is a four year period
between when newly certified engines must meet the standards and when
all newly manufactured engines must meet the standards to provide lead
time for the production of 100 percent compliant products. According to
available data, the NOX standard for those engines certified
after December 31, 1995 or manufactured after December 31, 1999 is met
by all but two of the affected aircraft gas turbine engine models
(approximately 15 percent of the market).14
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\14\ U.S. Environmental Protection Agency, Office of Mobile
Sources, ``Regulatory Support Document for Aircraft Engine Emissions
Regulations'', February 1997.
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C. Feasibility of NOX and CO Standards
Section 231(b) of the CAA states that ``Any regulation prescribed
under this section * * * shall take effect after such period as the
Administrator finds necessary * * * to permit the development and
application of the requisite technology, giving appropriate
consideration to the cost of compliance within such period.''
Accordingly, the Administrator has determined that emissions from
aircraft and aircraft engines should be reduced to the extent
practicable with present and developing technology. The standards
adopted herein are not quantitatively derived from the air quality
impact discussed above in section II of today's rule, but instead
reflect EPA's judgment as to what reduced emission levels are currently
practicable to achieve for gas
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turbine engines when considering the cost of compliance within the
implementation dates presented above. (See Regulatory Support Document
of today's rule for further discussion of engine emission levels.)
In the mid-1980's, EPA was concerned that the 1986 ICAO
NOX and CO standards were not justifiable because the
technological control methods were still in their infancy and the air
quality impact of aircraft operations was not substantial enough
compared to other sources. Over the years the aircraft engine industry
has made substantial progress in controlling gas turbine engine
emissions. EPA now believes that the 1986 ICAO NOX and CO
emission standards and the 1993 ICAO amended standards will be easily
met by the aircraft engine industry, as discussed below. Furthermore,
the importance of controlling aircraft emissions has grown in many
areas as controls on other sources become more stringent and attainment
of the NAAQS's has still not been achieved. Therefore, it is
appropriate to revisit the U.S. standards in today's rule as described
below.
1. Feasibility of NOX Standard
The two engine models that are not achieving the emission levels
required by the later NOX standard (NOX standard
which took effect in 1996 for newly certified engines and in 2000 for
newly manufactured engines) currently are Pratt and Whitney's JT8D-200
series and Rolls-Royce's RB211 series (specifically RB211-524 and
RB211-535), and both engine models are expected to still be in
production in the year 2000. These engines have already been targeted
for modification by Pratt & Whitney and Rolls-Royce based upon the ICAO
1993 amendments. Pratt and Whitney projects that the JT8D-200s
(currently about 9 percent of Pratt & Whitney's turbofan engine market)
will meet the new NOX standard as early as 1998 by using a
new low-NOX can-annular combustor equipped with improved
fuel nozzles to optimize mixing, flame temperature and residence time
in the combustion chamber. In this improved combustor, the airflow
would be reduced in the primary combustion zone and axially shifted
from the dilution zone to the secondary combustion zone. This action
would result in an enriched primary combustor zone and a rapid
secondary combustion zone transition that would reduce the formation of
NOX by about 20 percent, the amount of emission control
needed to achieve the standard.15 (See Regulatory Support
Document of this rule for further technological discussion.)
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\15\ U.S. Environmental Protection Agency, ``Record of EPA
Communication with Pratt and Whitney Regarding EPA's Technological
Feasibility Assessment of the 1993 ICAO Amended NOX
Standards in Regards to the JT8D-200 series of Aircraft Engines,''
Memorandum from Bryan Manning to the docket, January 19, 1996.
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For the RB211 (currently about 70 percent of Rolls-Royce's turbofan
engine market), Rolls-Royce stated in a January 3, 1997 letter to EPA
that the RB211-524 (designated RB211-524G/H-T) will comply with the new
NOX standard as early as mid 1997 and that the RB211-535
will meet this NOX standard by late 1999.16 RB211
series engines comply with ICAO's 1986 NOX standard, but
these engines currently have NOX levels that are about 20
percent above the new NOX standard.17 Based on
the information provided by Pratt and Whitney and Rolls-Royce, EPA
believes the compliance date of January 1, 2000 for newly manufactured
engines affected by this new NOX standard provides adequate
lead time for the manufacturers of the two higher-emitting engines
models (and manufacturers of other new model engines) to cost-
effectively develop technology to comply with this new NOX
standard. Moreover, since this new NOX standard is an
international requirement which Pratt & Whitney and Rolls-Royce would
meet to market their products, the costs incurred for technological
improvements made by these two manufacturers to meet this standard
should not necessarily be attributed to today's regulations. The ICAO
standards ensure that (1) The technology is or will be available and
(2) the costs of compliance will be minimal. EPA recognizes that the
percentage reductions achieved are not trivial, nor are the costs
already incurred or possible additional future costs necessary to
achieve these reductions inconsequential, including certification
costs. Nonetheless, EPA believes that the promulgated regulations will
not impose any additional burden on manufacturers beyond that of the
current ICAO requirements. (See section V. of today's rule for further
discussion of regulatory impact).
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\16\ Rolls-Royce Aerospace Group, Rolls-Royce's technological
feasibility assessment of the 1993 ICAO NOX standard in
regards to the RB211, Letter from Ashley J. Owen of Combustion
Engineering Department to Bryan Manning of the U.S. Environmental
Protection Agency, January 3, 1997.
\17\ Defense Research Agency, ICAO/CAEP Working Group 3
(Emissions)--Third Meeting--Bonn, Germany, ``Combined Report of the
Certification and Technology Subgroups,'' June 1995.
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2. Feasibility of CO Standard
To meet the 1986 ICAO emissions standards, manufacturers have
combustors that utilize a short (straight through) annular design, fuel
atomizers using air in some manner to assist the process, efficient
cooling configuration, low residence times, minimum pressure drop,
fixed geometry air entry and a fuel injector spacing approximately the
same as the combustor height. Such combustors are designed to minimize
CO, HC, NOX, and smoke emissions, while retaining combustor
performance, operability and durability capabilities. CO and HC are
products from lower power engine operations, whereas NOX and
smoke are primarily from high power operation. CO and HC have been
reduced significantly, by improvements in the fuel-air mixing, without
significant adverse effects on NOX. The trade-offs between
CO, HC, smoke and NOX emissions are now widely understood by
manufacturers and have been successfully balanced to meet ICAO
standards. Typically, current production engines have large margins in
comparison to the existing CO and HC standards imposed by
ICAO,18 to which EPA's promulgated CO and current HC
standard are identical.19 Furthermore, the new ICAO
NOX standard to become effective in 1996 for newly certified
engines and 2000 for newly manufactured engines (the same as being
adopted by EPA) will ensure that (1) the technology is or would be
available to successfully balance CO, HC, and NOX emissions
and (2) the cost of compliance will be minimal.
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\18\ International Coordinating Council of Aerospace Industries
Association (ICCAIA) stated in a December 19, 1996 memorandum to EPA
in regards to CO emission levels of current production engines (as
discussed above typically these levels are significantly lower than
the existing ICAO CO standard), that ``[m]odern combustor
efficiencies exceed 99.5 percent at all power conditions, including
idle, and there is little or no potential for further improvement.''
\19\ Defense Research Agency, ICAO/CAEP Working Group 3
(Emissions)--Third Meeting--Bonn, Germany, ``Combined Report of the
Certification and Technology Subgroups,''June 1995.
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D. Amendments to Smoke and Gaseous Emission Test and Measurement
Procedures, Compliance Procedures, and Test Fuel Specifications
1. Smoke and Gaseous Emission Test and Measurement Procedures
In today's rule, EPA incorporates by reference ICAO's 1993
amendments to the test procedures for measuring smoke and gaseous
emissions (ICAO International Standards and Recommended Practices
Environmental Protection, Annex 16, Volume II,
[[Page 25361]]
``Aircraft Engine Emissions,'' Second Edition, July 1993, Appendices 2
, 3, and 5) in 40 CFR 87.64 and 87.82. ICAO's amendments, which became
effective on November 11, 1993, apply to subsonic (newly certified and
newly manufactured for NOX) and supersonic gas turbine
engines. These technical changes will simplify the measurement process
and improve the measurement techniques and equipment of the test
procedures for smoke and gaseous emissions. These test procedure
amendments incorporated by reference will become effective on July 7,
1997. These amendments include the following: (1) Raising the
temperature tolerance by 5 C degrees for sampling line of
smoke emissions, (2) adding an option to install by-pass around the
volume meter in the smoke analysis system, (3) adding an option to
install a flow splitter to draw a higher sample flow rate through the
probe of the smoke analysis system, (4) adding a test to show that a
flow splitter does not change the smoke level in the smoke analysis
system, (5) adding new leakage and cleanliness check procedures for
gaseous emissions instruments, (6) revising the recommended curve
fitting technique to relate emission indices to combustor inlet
temperature for gaseous emissions, (7) adding precautions for
performance specification accuracy of HC, CO, and carbon dioxide
(CO2) analyzers for gaseous emissions, (8) revising the
performance specifications of HC, CO, and CO2 analyzers for
gaseous emissions, (9) adding a check on the effect of oxygen on the
CO2 analyzer response for gaseous emissions, (10) adding
calibrations of CO and CO2 analyzers for gaseous emissions,
(11) revising the performance specifications of NOX
analyzers for gaseous emissions, (12) revising the calibration and test
gas specifications for CO, CO2, and NOX for
gaseous emissions, and (13) revising the calculation of the gaseous
emissions parameters.
In the 1982 final rule, EPA incorporated by reference the then-
existing ICAO testing and measurement procedures for aircraft engine
emissions (ICAO International Standards and Recommended Practices
Environmental Protection, Annex 16, Volume II, ``Aircraft Engine
Emissions,'' First Edition, June 1981, Appendices 2, 3, and 5 were
incorporated by reference in 40 CFR 87.64 and 87.82) in order to
eliminate confusion over minor differences in procedures for
demonstrating compliance with the U.S. and ICAO standards. Also, in
1982 EPA specified that ``[w]hile the U.S. standard for gaseous
emissions will now apply to HC only, it is recommended that CO and
NOX measurements be made and reported to the certificating
authority as well, for information only. * * * '' Manufacturers have
been voluntarily conducting and reporting CO and NOX
measurements for twelve years in accordance with EPA's recommendation,
and FAA has certified the test data to ICAO.20 Thus, formal
adoption of the ICAO CO and NOX test procedures requires no
new action by manufacturers. In addition, the existence of ICAO's
requirements ensures that the costs of compliance (as well as the air
quality impact) with these test procedures will be minimal.
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\20\ These measurements have been shown to meet the existing
ICAO CO and NOX standards.
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2. Compliance Procedure for Gaseous and Smoke Emission Standards
In today's rule, EPA will also incorporate by reference the ICAO
compliance procedure for gaseous and smoke emissions (ICAO
International Standards and Recommended Practices Environmental
Protection, Annex 16, Volume II, ``Aircraft Engine Emissions,'' Second
Edition, July 1993, Appendix 6) in 40 CFR 87.71 and 87.89. This ICAO
compliance procedure applies to subsonic and supersonic gas turbine
engines and has been in effect since February 18, 1982. By
incorporating by reference ICAO's Appendix 6, EPA is today adopting
this compliance procedure for gaseous and smoke emissions as an
alternative to certification testing every engine for a type or model.
This alternative compliance procedure incorporated by reference will
become effective on July 7, 1997. This change in the EPA compliance
procedure will simplify and reduce the testing burden of the compliance
process. According to section 232 of the CAA, the Secretary of
Transportation (DOT) has the authority to enforce the aircraft emission
standards established by EPA.21 On June 29, 1995 the
Secretary (or more specifically the Administrator of the FAA)
incorporated by reference ICAO's Appendix 6 as an alternative for
demonstrating compliance to the gaseous and smoke emissions, and thus,
established the level of confidence required for U.S. compliance
testing. Therefore, today's action by EPA to adopt Appendix 6 as an
alternative for compliance procedures concurs with the required level
of confidence established by the Secretary for certification testing,
and thus it is an acceptable means of compliance.
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\21\ Specifically, the FAA of the DOT is responsible for
enforcement of the aircraft emission standards established by EPA.
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This compliance procedure is as described above an alternative
method of compliance, and thus, the use of the procedure is voluntary
for manufacturers. Manufacturers have been using this compliance
procedure to adhere to ICAO's requirements since 1982, and more
recently manufacturers have been using it voluntarily as an alternative
for DOT's compliance regulations. Thus, formal adoption of the ICAO
compliance procedure for gaseous and smoke emissions as an alternative
compliance procedure requires no new action by manufacturers. In
addition, since the compliance procedure is optional and the ICAO
requirements (and DOT's recently adopted regulations) have been in
existence for years, the cost (as well as the air quality impact) of
this alternative compliance procedure will be minimal.
3. Test Fuel Specifications
In July 1988, ICAO amended the test fuel specifications which it
had previously adopted in 1981. Specifically, the 1988 amendments
(apply to subsonic and supersonic gas turbine engines) broadened the
ranges of allowable test fuel naphthalenes content, hydrogen content,
viscosity, final boiling point values, and aromatics content and
allowed wider bands of acceptability.
In 1982, EPA established test fuel specifications that matched
ICAO's 1981 test fuel specifications. EPA has not changed its test fuel
specifications since 1984, when EPA finalized amendments in response to
reported difficulties by manufacturers in procuring fuels meeting the
existing test fuel specifications.22 The 1984 EPA amendments
broadened the ranges of allowable test fuel naphthalenes content,
hydrogen content, viscosity, and final boiling point values. These 1984
changes resulted in a difference in test fuel specifications between
EPA and ICAO standards. However at that time, EPA believed ICAO would
soon amend its test fuel specifications to match EPA's new
specifications. Instead, since the 1984 amendments by EPA, differences
between EPA and ICAO fuel specifications have remained, and ICAO's 1988
amendments did not address the disparity. In fact, in 1988 ICAO widened
the range of acceptable fuels even further than the 1984 EPA
specifications. As discussed above, the 1988 ICAO amendments, which
became effective on November 17, 1988,
[[Page 25362]]
broadened the ranges of allowable test fuel naphthalenes content,
hydrogen content, viscosity, final boiling point values, and aromatics
content and allowed wider bands of acceptability. In July 1993, ICAO
amended its test fuel specifications slightly. These specifications,
which became effective on November 11, 1993 and apply to subsonic and
supersonic gas turbine engines, require aircraft engine testing fuel to
have a certain density instead of a specific gravity, and changes the
units of net heat of combustion of testing fuel from kilojoule/kilogram
(kJ/kg) to megajoule/kilogram (MJ/kg).
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\22\ See 49 FR 25643 (October 18, 1984).
---------------------------------------------------------------------------
In response to these differences, EPA has once again revisited the
test fuel issue. For the 1993 ICAO amendments to the specific gravity
and net heat of combustion, EPA believes that because these two changes
to the ICAO test fuel specifications are merely changes to one
property's description and another property's units, but not changes to
the allowable range of values for these properties, EPA will adopt the
1993 ICAO changes from specific gravity to density and from kJ/kg to
MJ/kg for net heat combustion (see section 87.61 of today's
regulations). For the remaining test fuel differences, each property is
discussed separately below. For purposes of comparison, the ICAO
specifications and U.S. commercial jet fuel characteristics of interest
are presented below in Table 1. Survey data on jet fuels conducted by
the National Institute for Petroleum and Energy Research (NIPER)
indicates that the aromatics content and kinematic viscosity of current
U.S. commercial jet fuels found in-use have values which overlap with
the ICAO test fuel specifications.23 The ICAO aromatics
content specification has a higher maximum limit than the current U.S.
specification. Since fuels with higher aromatics content generally are
more severe for emissions testing purposes, adopting the ICAO aromatics
content specification would not adversely affect in-use emissions.
Lowering the kinematic viscosity minimum limit would also not affect
emissions because it would only have an effect on the cold-starting
operation of aircraft engines (not idle, landing-take-off, or cruise
operations) due to the manner in which aircraft engines function, and
the starting operation is not measured in the emissions test
procedures. Thus for aromatic content and kinematic viscosity where
differences existed in the past, not only are the current U.S.
commercial jet fuels adequately similar to the ICAO specifications, but
the ICAO specifications would not adversely affect in-use emissions;
therefore, EPA will adopt these ICAO specifications for the purpose of
certification emission testing.
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\23\ National Institute for Petroleum and Energy Research
(NIPER), ``Aviation Turbine Fuels, 1995'', Cheryl L. Dickson and
Gene P. Sturm, Jr., March 1996, NIPER-194 PPS 96/2.
---------------------------------------------------------------------------
The NIPER survey data shows that U.S. jet fuel distillation
temperatures closely track EPA and ICAO requirements but that the ICAO
specification allows a 5 deg.C lower 10 percent boiling point and
final boiling point. However, adopting the ICAO specification for
distillation temperature at 10 percent and final boiling points, which
has a lower minimum limit than the current U.S. specification, would
have no discernible effect on emissions. In addition, similar to
aromatics content, the ICAO naphthalenes content specification has a
higher maximum limit than the current U.S. specification. Since fuels
with a higher napthalenes content are more severe for emission testing
purposes, adopting the ICAO naphthalenes content specification would
not adversely affect in-use emissions. For hydrogen content, adopting
the ICAO specification, which has a 0.1 mass percent higher maximum
limit, would be a minor change that would have no effect on emissions.
Since distillation temperature, naphthalenes content, and hydrogen
content have no adverse effect on in-use emissions, EPA will adopt the
ICAO specifications for the purpose of certification emission testing.
Moreover, the ICAO agreements to adopt today's NOX standards
were based on these test fuel specifications. If EPA does not adopt
these test fuel specifications, the U.S. NOX standards would
not be entirely consistent with ICAO standards.
In addition, unless specified otherwise in the above discussion for
test fuel specifications or in the accompanying test fuel regulations
for this section (see 87.61 of the regulations), manufacturers should
comply with the latest version of the aviation fuel specifications from
the American Society for Testing and Materials (ASTM).24
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\24\ ASTM, ``Standard Specification for Aviation Turbine
Fuels,'' D1655.
Table 1.--Comparison of U.S. Jet Fuel Characteristics to Current Differences Between EPA and ICAO Test Fuel Specifications
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Jet-A ASTM ASTM test ASTM method
Property EPA ICAO Difference Jet-A NIPER 1995 Jet-A NIPER 1994 Jet-A NIPER 1993 spec. method reproducibility
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Distallation, deg.C:
10% Boiling Point.......... 160-201......... 155-201......... -5 deg.C........... 161.7-198.3....... 161.1-201.7....... 167.8-197.2....... <205 D86 3.0+2.63 *S \1\
Final Boiling Pt........... 240-285......... 235-285......... -5 deg.C........... .................. .................. .................. <300 .......... 10.5 deg.C
Aromatics, vol. %.............. 15-20........... 15-23........... -3 vol%............. 13-24.4........... 13.7-22.6......... 9.5-23.3.......... <22 \2\ D1319 2.5-3.0 vol%
Naphthalenes, vol. %........... 1.0-3.0......... 1.0-3.5......... -0.5 vol%........... 0.5-2.88.......... 0.1-2.70.......... 0.2-2.98.......... <3.0 D1840 0.11 vol%
Hydrogen, mass %............... 13.4-14.0....... 13.4-14.1....... -0.1 mass%.......... .................. .................. .................. .......... D1018 0.18 wt%
D3343 0.16 wt%
D5291 0.86
wt% \3\
Kinematic Viscosity @ -20 4.0-6.5......... 2.5-6.5......... -1.5 mm\2\/sec...... 3.79-7.7.......... 3.3-7.0........... 1.4-6.8........... <8.0 D445 0.7% of mean
deg.C, mm\2\/sec.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ S is the average slope of distallation line.
\2\ Aromatic content of up to 25 vol% allowed by agreement between vendor and purchaser.
\3\ Reproducibility given as the square root of the mean value times 0.2314.
[[Page 25363]]
E. Engines ``Designed for Applications That Otherwise Would Have Been
Fulfilled by Turbojet and Turbofan Engines''
In July 1993 ICAO amended the applicability of its regulations for
subsonic turbojet and turbofan engines to include `` * * * engines
designed for applications that otherwise would have been fulfilled by
turbojet and turbofan engines.'' This ICAO provision evolved from
recent industry developmental work performed on propfan, unducted fan,
and advanced ducted propfan (ADP) engines. The propfan or unducted fan
engines can be thought of as either an advanced version of the
turboprop having a propeller capable of very high mach numbers or a
turbofan with an extremely high effective bypass ratio. This high
bypass ratio decreases fuel consumption and thus has a higher
propulsion efficiency. Propfan engines have blades that are thin and
swept back to increase their capability to withstand relative
velocities. 25
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\25\ U.S. Environmental Protection Agency, ``Regulatory Support
Document for Aircraft Engine Emissions Regulations,'' February 1997.
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Pratt and Whitney's advanced ducted prop (ADP) is an example of a
propfan. The ADP offers significantly reduced fuel consumption, low
noise, and low emissions compared to high-bypass ratio turbofans. The
ADP has these characteristics through the use of a special fan drive
system allowing for a lower fan tip speed and slower exhaust gas
velocities. Both the fan tip speed and the exhaust gas velocity are
major sources of inefficiency in a turbine engine. 26
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\26\ U.S. Environmental Protection Agency, ``Regulatory Support
Document for Aircraft Engine Emissions Regulations,'' February 1997.
---------------------------------------------------------------------------
In today's rule, EPA will apply its regulatory provisions for
subsonic turbojet and turbofan engines to include these new
applications. To meet public health and welfare protection requirements
of section 231 of the CAA, EPA must ensure that, if any of these
technologies become commercially viable, their emissions will be
regulated, given that these new engines would contribute to overall
aircraft emissions. Currently, none of these developmental engines have
been certified, but if they certify in the future, they will be covered
by the requirements that apply to turbojet and turbofan engines. (See
the Regulatory Support Document for further discussion of these engine
applications.) It is EPA's understanding that the development of the
propfan and unducted fan engines has not been active recently, but the
development of the ADP is ongoing. These engines will need to comply
with ICAO's 1993 amendments if produced, and thus, ICAO's standards
will ensure that if these applications were developed they will have
the technology to meet today's promulgated standards. 27 In
addition, the existence of ICAO's 1993 standards ensures that the cost
of compliance (as well as the air quality impact) of today's
promulgated requirements to include these new engine applications will
be minimal.
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\27\ Although ICAO requirements in Annex 16, Volume II apply to
such applications, specifically certifying propfan, unducted fan,
and/or advanced ducted propfan applications may require variations
to the test procedures specified by ICAO in Annex 16, Volume II.
Thus, prior to certifying these engine applications as gas turbine
engines, the test procedure variations would need to be worked out
by ICAO. Due to the international nature of the aviation industry,
this work would best be performed through a working group of the
ICAO Committee on Aviation Environmental Protection (CAEP).
---------------------------------------------------------------------------
F. Correction to the Exponent for Rated Output in the Equation of the
Smoke Number for New Aircraft Turboprop Engines
Because of an editorial error, the exponent for rated output in the
equation of the smoke number for new aircraft turboprop engines was
incorrectly specified as -168 (see section 87.31(e)(3) of the
regulations). For this smoke number equation in section 87.31(e)(3) of
the regulations, EPA today corrects the exponent value for rated output
to -0.168.
IV. Coordination With FAA
The requirements contained in the notice are being adopted after
consultation with the Secretary of Transportation in order to assure
appropriate consideration of aircraft safety. Under section 232 of the
CAA, the Secretary of Transportation (DOT), has the responsibility to
enforce the aircraft emission standards established by EPA under
section 231. 28 In addition, section 231(b) of the CAA
states that ``[a]ny regulation prescribed under this section * * *
shall take effect (after consultation with the Secretary of
Transportation) to permit the development and application of the
requisite technology, giving appropriate consideration to the cost of
compliance * * *.'' As in past rulemakings and pursuant to the above
referenced sections of the CAA, EPA has coordinated with the Federal
Aviation Administration (FAA) of the DOT during the process of
formulating the promulgated emission standards and test procedures for
aircraft engine emissions set forth here.
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\28\ Specifically, the FAA of the DOT has the responsibility to
enforce the aircraft emission standards established by EPA.
---------------------------------------------------------------------------
Moreover, FAA is the official U.S. delegate to ICAO. FAA agreed to
the 1993 amendments at ICAO's Second Meeting of the Committee on
Aviation Environmental Protection (CAEP II) 29 after
advisement from EPA. After CAEP II, FAA then notified EPA of the
detailed revisions to the ICAO Standards and Recommended Practices for
Aircraft Engine Emissions to be incorporated by EPA in its aircraft
engine emissions regulations (if EPA chooses to take such action).
30 FAA was a member of two CAEP III subgroups (among
others), 31 Economic and Analysis Subgroup and the
Certification and Technology Subgroup, which both included projections
of technology and cost considerations of the ICAO standards adopted in
1993 in separate CAEP III reports respectively. The reports were
entitled, ``ICAO CAEP Working Group 3 (Emissions)--Combined Report of
the Certification and Technology Subgroups'' and ``ICAO CAEP Working
Group 4, Coordination and Economic Analysis, Final Report of the
Economic Analysis Subgroup'' (Bonn, Germany, June 1995). These reports
were a source for EPA's projections of the technology and cost
considerations for compliance with today's action, and they serve as
another form of consultation with the DOT.
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\29\ The Second Meeting of CAEP (CAEP II) occurred in Montreal,
Quebec from December 2 through 13 in 1991.
\30\ U.S. Department of Transportation, Federal Aviation
Administration, Revisions to the ICAO standards and recommended
practices for aircraft engine emissions, Letter from Nicholas P.
Krull to Richard Wilson of the U.S. Environmental Protection Agency,
August 27, 1993.
\31\ The Third Meeting of CAEP (CAEP III) occurred in Montreal,
Quebec from December 5 through 15 in 1995.
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In addition, as discussed above, FAA will have the responsibility
to enforce today's promulgated requirements. As a part of its
compliance responsibilities, FAA conducts the emission tests or
delegates that responsibility to the engine manufacturer, which is then
monitored by the FAA. Since the FAA does not have the resources or the
funding to test engines themselves, FAA selects engineers at each plant
to serve as representatives (called designated engineering
representatives (DERs)) for the FAA while the manufacturer performs the
test procedures. DERs' responsibilities include evaluating the test
plan, the test engine, the test equipment, and the final testing report
sent to FAA. DERs' responsibilities are determined by the FAA and
today's rule will not affect their duties.
[[Page 25364]]
V. Regulatory Impacts
Aircraft engines are international commodities, and thus, they are
designed to meet international standards. Today's rule will have the
benefit of establishing consistency between U.S. and international
emission standards and test procedures. Thus, an emission certification
test which meets U.S. requirements will also be applicable to all ICAO
requirements. As discussed above, all engines covered by today's
federal standards already meet the standards or will meet them by the
standards' effective dates. EPA knows of only 2 engine types that do
not currently meet all of the standards. Pratt & Whitney and Rolls-
Royce, the manufacturers of these two engine types, are already
developing improved technology in response to the ICAO standards that
match the standards adopted here, and EPA does not believe that the
costs incurred by the aircraft industry as a result of the existing
ICAO standards should be attributed to today's regulations. Also, the
test data necessary to determine compliance are already collected by
manufacturers during current engine certification tests. Therefore, EPA
believes that the promulgated regulations will impose no additional
burden on manufacturers.
The existence of ICAO's requirements results in minimal cost as
well as air quality benefits from today's promulgated requirements.
Since aircraft and aircraft engines are international commodities,
there is some commercial benefit to consistency between U.S. and
international emission standards and control program requirements
(i.e., easier to qualify products for international markets since FAA
can certify engines for ICAO compliance). While not a regulatory impact
per se, EPA adoption of the ICAO standards and related requirements/
test procedures meets our treaty obligations and strengthens the U.S.
position in future ICAO/CAEP processes related to emission standards.
VI. Public Participation
The Agency is publishing this action as a direct final rule because
it views the provisions of today's action as non-controversial, and
based on outreach efforts with all affected parties, EPA anticipates no
adverse or critical comments. The existence of ICAO's requirements
ensures that the promulgated regulations impose no additional burden on
manufacturers. Aircraft engine manufacturers have indicated that they
will not be adversely affected by this direct final rule, and thus, the
Agency expects no adverse comments for those manufacturers. Similarly,
the Agency does not expect adverse comments from the environmental
community or state and local governments, since the environmental
impact is at least directionally positive.
This action will become effective July 7, 1997. If the Agency
receives adverse comments by June 9, 1997, EPA will publish a
subsequent Federal Register document withdrawing this rule. In the
advent that adverse or critical comments are received, EPA is also
publishing a Notice of Proposed Rulemaking (NPRM) in a separate action
today (found in the Proposed Rule section of this Federal Register),
which proposes the same rule changes contained in this direct final
rule. Any adverse comments received by the date listed above will be
addressed in a subsequent final rule. EPA will not institute a second
comment period on this action. Any parties interested in commenting on
this action should do so at this time. If no such comments are
received, the public is advised that this action will be effective July
7, 1997.
Nonetheless, if public comments are to be submitted, the Agency
requests wherever applicable, full supporting data and detailed
analysis should be submitted to allow EPA to make maximum use of the
comments. Commenters are especially encouraged to provide specific
suggestions for any changes to any aspect of the regulations that they
believe need to be modified or improved. All comments should be
directed to EPA Air Docket, Docket No. A-94-66 (See ADDRESSES).
Commenters desiring to submit proprietary information for
consideration should clearly distinguish such information from other
comments to the greatest possible extent, and clearly label it
``Confidential Business Information.'' Submissions containing such
proprietary information should be sent directly to the contact person
listed above (See ADDRESSES), and not to the public docket, to ensure
that proprietary information is not inadvertently placed in the docket.
Information covered by such a claim of confidentiality will be
disclosed by EPA only to the extent allowed by the procedures set forth
in 40 CFR part 2. If no claim of confidentiality accompanies the
submission when it is received by EPA, it may be made available to the
public without further notice to the commenter.
VII. Statutory Authority
The statutory authority for today's rule is provided by sections
231 and 301(a) of the Clean Air Act, as amended, 42 U.S.C. 7571 and
7601. See section II. of today's rule for discussion of how EPA meets
the CAA's statutory requirements.
VIII. Administrative Designation and Regulatory Analysis
Under Executive Order 12866, 58 FR 51735 (Oct. 4, 1993), the Agency
must determine whether this regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, EPA has determined
that this direct final rule is not a ``significant regulatory action''
within the meaning of the Executive Order and is therefore not subject
to OMB review. As a result of the ICAO standards, all aircraft engines
covered by today's direct final rule already meet the standards or will
do so by the time the standards go into effect. Thus, the annual effect
on the economy of today's promulgated standards will be minimal, and
none of the other thresholds identified in the executive order will be
triggered by this action.
IX. Compliance With Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) 5 U.S.C. 601-602, requires
that federal agencies examine the effects of their regulations on small
entities. The Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 amended those requirements. The SBREFA requires an
agency to prepare a Regulatory Flexibility Analysis in conjunction with
the rulemaking, unless the agency head certifies that the rule will not
have a significant economic impact on a substantial number of small
entities. Pursuant to section 605(b) of the RFA as amended by SBREFA,
EPA
[[Page 25365]]
has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this direct final rule. EPA has
also determined that this rule will not have a significant economic
impact on a substantial number of small entities. Because of the
limited classes of aircraft engines to which today's regulations apply,
no small entities are affected.
X. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Act of 1996, EPA submitted a report containing
this rule and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the General
Accounting Office prior to the publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
XI. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditure of $100 million or more for
State, local, or tribal governments, in the aggregate or the private
sector in any one year. As a result of the ICAO standards, all aircraft
engines covered by today's rule already meet the promulgated standards
or will do so by the time the standards will go into effect. Thus, the
annual effect on the economy of today's promulgated standards will be
minimal. Thus, today's rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
XII. Paperwork Reduction Act
This rule does not itself impose any reporting or recordkeeping
requirements. Any reporting and recordkeeping requirements associated
with these standards will be defined by the Secretary of Transportation
in enforcement regulations issued later under the provisions of section
232 of the Clean Air Act. Since most if not all manufacturers already
measure CO and NOx and report the results to the FAA, any
additional reporting and record keeping requirements associated with
FAA enforcement of these regulations are likely to be very small.
List of Subjects in 40 CFR Part 87
Environmental protection, Incorporation by reference, Aircraft
engines.
Dated: April 29, 1997.
Carol M. Browner,
Administrator.
40 CFR Part 87 is amended as follows:
PART 87--CONTROL OF AIR POLLUTION FROM AIRCRAFT AND AIRCRAFT
ENGINES
1. The authority citation for part 87 continues to read as follows:
Authority: Secs. 231, 301(a), Clean Air Act, as amended (42
U.S.C 7571, 7601(a)).
Subpart A--General Provisions
2. Section 87.1 is amended by revising the definition of ``Class
TF'' in paragraph (a) to read as follows:
Sec. 87.1 Definitions.
(a) * * *
Class TF means all turbofan or turbojet aircraft engines or
aircraft engines designed for applications that otherwise would have
been fulfilled by turbojet and turbofan engines except engines of class
T3, T8, and TSS.
* * * * *
3. Section 87.2 is amended by adding the following abbreviations in
alphabetical order to read as follows:
Sec. 87.2 Abbreviations.
* * * * *
CO Carbon Monoxide.
* * * * *
NOX Oxides of nitrogen.
* * * * *
Subpart C--Exhaust Emissions (New Aircraft Gas Turbine Engines)
4. Section 87.21 is amended by revising the paragraphs (d), (d)(1),
and (e)(3) to read as follows:
Sec. 87.21 Standards for exhaust emissions.
* * * * *
(d) Gaseous exhaust emissions from each new commercial aircraft gas
turbine engine shall not exceed:
(1) Classes TF, T3, T8 engines greater than 26.7 kilonewtons rated
output:
(i) Engines manufactured on or after January 1, 1984:
Hydrocarbons: 19.6 grams/kilonewton rO.
(ii) Engines manufactured on or after July 7, 1997.
Carbon Monoxide: 118 grams/kilonewton rO.
(iii) Engines of a type or model of which the date of manufacture
of the first individual production model was on or before December 31,
1995 and for which the date of manufacture of the individual engine was
on or before December 31, 1999.
Oxides of Nitrogen: (40 + 2(rPR)) grams/kilonewtons rO.
(iv) Engines of a type or model of which the date of manufacture of
the first individual production model was after December 31, 1995 or
for which the date of manufacture of the individual engine was after
December 31, 1999:
Oxides of Nitrogen: (32 + 1.6(rPR)) grams/kilonewtons rO.
(v) The emission standards prescribed in paragraphs (d)(1) (iii)
and (iv) of this section apply as prescribed beginning July 7, 1997.
(2) Class TSS: Engines manufactured on or after January 1, 1984:
Hydrocarbons=140(0.92) rPR grams/kilonewtons rO.
(e) * * *
(3) Class TP of rated output equal to or greater than 1,000
kilowatts manufactured on or after January 1, 1984:
[[Page 25366]]
SN=187(ro) -0.168 (ro is in kilowatts)
* * * * *
Subpart G--Test Procedures for Engine Exhaust Gaseous Emissions
(Aircraft and Aircraft Gas Turbine Engines)
5. Section 87.60 is amended by revising paragraph (c) to read as
follows:
Sec. 87.60 Introduction.
* * * * *
(c) The exhaust emission test is designed to measure hydrocarbons,
carbon monoxide, carbon dioxide, and oxides of nitrogen concentrations,
and to determine mass emissions through calculations during a simulated
aircraft landing-takeoff cycle (LTO). The LTO cycle is based on time in
mode data during high activity periods at major airports. The test for
propulsion engines consists of at least the following four modes of
engine operation: taxi/idle, takeoff, climbout, and approach. The mass
emission for the modes are combined to yield the reported values.
* * * * *
6. Section 87.61 is revised to read as follows:
Sec. 87.61 Turbine fuel specifications.
For exhaust emission testing, fuel meeting the specifications
listed in this section shall be used. Additives used for the purpose of
smoke suppression (such as organometallic compounds) shall not be
present.
Property and Allowable Range of Values
Density kg/m\3\ at 15 deg.C: 780-820.
Distillation temperature, deg.C: 10% boiling point, 155-201; final
boiling point, 235-285.
Net heat of combustion, MJ/kg: 42.86-43.50.
Aromatics, volume %: 15-23.
Naphthalenes, volume %: 1.0-3.5.
Smoke point, mm: 20-28.
Hydrogen, mass %: 13.4-14.1.
Sulfur, mass %: less than 0.3%.
Kinematic viscosity at -20 deg.C, mm\2\/s: 2.5-6.5.
7. Section 87.62 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 87.62 Test procedure (propulsion engines).
(a) * * *
(2) The taxi/idle operating modes shall be carried out at a power
setting of 7% rated thrust unless the Secretary determines that the
unique characteristics of an engine model undergoing certification
testing at 7% would result in substantially different HC and CO
emissions than if the engine model were tested at the manufacturers
recommended idle power setting. In such cases the Secretary shall
specify an alternative test condition.
* * * * *
8. Section 87.64 is revised to read as follows:
Sec. 87.64 Sampling and analytical procedures for measuring gaseous
exhaust emissions.
The system and procedures for sampling and measurement of gaseous
emissions shall be as specified by Appendices 3 and 5 to International
Civil Aviation Organization (ICAO) Annex 16, Environmental Protection,
Volume II, Aircraft Engine Emissions, Second Edition, July 1993, which
are incorporated herein by reference. 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. These materials are incorporated as
they exist on the date of the approval and a notice of any change in
these materials will be published in the Federal Register. Frequent
changes are not anticipated. Copies may be inspected at U.S. EPA, OAR,
401 M Street, Southwest, Washington, DC 20460, or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington
DC. Copies of this document can be obtained from the International
Civil Aviation Organization (ICAO), Document Sales Unit, P.O. Box 400,
Succursale: Place de L'Aviation Internationale, 1000 Sherbrooke Street
West, Suite 400, Montreal, Quebec, Canada H3A 2R2.
9. Section 87.71 is revised to read as follows:
Sec. 87.71 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 in
Sec. 87.64 with the applicable emission standard under this part. An
acceptable alternative to testing every engine is described in Appendix
6 to International Civil Aviation Organization (ICAO) Annex 16,
Environmental Protection, Volume II, Aircraft Engine Emissions, Second
Edition, July 1993, which is incorporated herein by reference. 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. These
materials are incorporated as they exist on the date of the approval
and a notice of any change in these materials will be published in the
Federal Register. Frequent changes are not anticipated. Copies may be
inspected at U.S. EPA, OAR, 401 M Street, Southwest, Washington, DC
20460, or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC. Copies of this document can be
obtained from the International Civil Aviation Organization (ICAO),
Document Sales Unit, P.O. Box 400, Succursale: Place de L'Aviation
Internationale, 1000 Sherbrooke Street West, Suite 400, Montreal,
Quebec, Canada H3A 2R2. Other methods of demonstrating compliance may
be approved by the Secretary with the concurrence of the Administrator.
10. Section 87.82 is revised to read as follows:
Sec. 87.82 Sampling and analytical procedures for measuring smoke
exhaust emissions.
The system and procedures for sampling and measurement of smoke
emissions shall be as specified by Appendix 2 to International Civil
Aviation Organization (ICAO) Annex 16, Volume II, Environmental
Protection, Aircraft Engine Emissions, Second Edition, July 1993, which
are incorporated herein by reference. 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. These materials are incorporated as
they exist on the date of the approval and a notice of any change in
these materials will be published in the Federal Register. Frequent
changes are not anticipated. Copies may be inspected at U.S. EPA, OAR,
401 M Street, Southwest, Washington, DC 20460, or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC. Copies of this document can be obtained from the International
Civil Aviation Organization (ICAO), Document Sales Unit, P.O. Box 400,
Succursale: Place de L'Aviation Internationale, 1000 Sherbrooke Street
West, Suite 400, Montreal, Quebec, Canada H3A 2R2.
11. Section 87.89 is revised to read as follows:
Sec. 87.89 Compliance with smoke emission standards.
Compliance with each smoke emission standard shall be determined by
comparing the plot of SN as a function of power setting with the
applicable emission standard under this part. The SN at every power
setting must be such that there is a high degree of confidence that the
standard will not be exceeded by any engine of the model
[[Page 25367]]
being tested. An acceptable alternative to testing every engine is
described in Appendix 6 to International Civil Aviation Organization
(ICAO) Annex 16, Environmental Protection, Volume II, Aircraft Engine
Emissions, Second Edition, July 1993, which is incorporated herein by
reference. 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. These materials are incorporated as they exist on the date of
the approval and a notice of any change in these materials will be
published in the Federal Register. Frequent changes are not
anticipated. Copies may be inspected at U.S. EPA, OAR, 401 M Street,
Southwest, Washington, DC 20460, or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
Copies of this document can be obtained from the International Civil
Aviation Organization (ICAO), Document Sales Unit, P.O. Box 400,
Succursale: Place de L'Aviation Internationale, 1000 Sherbrooke Street
West, Suite 400, Montreal, Quebec, Canada H3A 2R2.
[FR Doc. 97-11676 Filed 5-7-97; 8:45 am]
BILLING CODE 6560-50-P