[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]]

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Part III





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 87



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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

[[Page 25360]]

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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \20\ These measurements have been shown to meet the existing 
ICAO CO and NOX standards.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \21\ Specifically, the FAA of the DOT is responsible for 
enforcement of the aircraft emission standards established by EPA.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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
---------------------------------------------------------------------------

    \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
---------------------------------------------------------------------------

    \25\ U.S. Environmental Protection Agency, ``Regulatory Support 
Document for Aircraft Engine Emissions Regulations,'' February 1997.
---------------------------------------------------------------------------

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

    \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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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