[Federal Register Volume 64, Number 22 (Wednesday, February 3, 1999)]
[Rules and Regulations]
[Pages 5556-5560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1608]



[[Page 5555]]

_______________________________________________________________________

Part IV





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Part 34



Emission Standards for Turbine Engine Powered Airplanes; Final Rule

  Federal Register / Vol. 64, No. 22 / Wednesday, February 3, 1999 / 
Rules and Regulations  

[[Page 5556]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 34

[Docket No. FAA-1999-5018; Amendment No. 34-3]
RIN 2120-AG68


Emission Standards for Turbine Engine Powered Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This document revises the emission standards for turbine 
engine powered airplanes to incorporate the current standards of the 
International Civil Aviation Organization (ICAO) for gaseous emissions 
of oxides of nitrogen (NoX) and carbon monoxide (CO), and to 
adopt revised test procedures for gaseous emissions. This rule will 
bring the United States emissions standards into alignment with the 
standards of ICAO. Because, this rule is consistent with international 
standards, an emission certification test that meets U.S. requirements 
will meet ICAO requirements.

EFFECTIVE DATE: February 3, 1999.
    The incorporation by reference of the publication listed in the 
rule is approved by the director of the Federal Register February 3, 
1999.

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

SUPPLEMENTARY INFORMATION:

Availability of Final Rules

    An electronic copy of this document may be downloaded, using a 
modem and suitable communications software, from the FAA regulations 
section of the Fedworld electronic bulletin board service (telephone: 
703-321-3339), the Government Printing Office's electronic bulletin 
board service (telephone: 202-512-1661), or the FAA's Aviation 
Rulemaking Advisory Committee Bulletin Board service (telephone 800-
322-2722 or 202-267-5948).
    Internet users may reach the FAA's web page at http://www.faa.gov/
avr/arm/nprm/nprm.htm or the Government Printing Office's webpage at 
http://www.access.gpo.gov/nara/aces/aces140.html for access to recently 
published rulemaking documents.
    Any person may obtain a copy of this final rule by submitting a 
request to the Federal Aviation Administration Office of Rulemaking, 
ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by 
calling (202) 267-9680. Communications must identify the amendment 
number or docket number of this final rule.
    Persons interested in being placed on the mailing list for future 
Notices of Proposed Rulemaking and Final Rules should request from the 
above office a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, that describes the application 
procedure.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) requires the FAA to report inquiries from small entities 
concerning information on, and advice about, compliance with statutes 
and regulations within the FAA's jurisdiction, including interpretation 
and application of the law to specific sets of facts supplied by a 
small entity.
    If you are a small entity and have a question concerning this rule, 
contact your local FAA official. If you do not know how to contact your 
local FAA official, you may contact Charlene Brown, Program Analyst 
Staff, Office of Rulemaking, ARM-27, Federal Aviation Administration, 
800 Independence Avenue, SW, Washington, DC 20591, 1-888-551-1594. 
Internet users can find additional information on SBREFA in the ``Quick 
Jump'' section of the FAA's web page at http://www.faa.gov and may send 
electronic inquiries to the following Internet address: 9-AWA-
[email protected]

Background

    Section 232 of the Clean Air Act Amendments of 1970 (the Act), 42 
U.S.C. 7401 et. seq., requires the Federal Aviation Administrations 
(FAA) to issue regulations that ensure compliance with all aircraft 
emission standards promulgated by the Environmental Protection Agency 
(EPA) under Section 231 of the Act. The EPA has promulgated standards 
for engine fuel venting emissions, engine smoke emissions, and exhaust 
gaseous emissions of unburned hydrocarbons (HC), oxides of nitrogen 
NOX, and carbon monoxide (CO). These emission standards are 
prescribed in 40 CFR part 87.
    Since the promulgation of the initial U.S. standards in 1973 by the 
EPA, the FAA has worked with the International Civil Aviation 
Organization (ICAO) on the development of international aircraft engine 
exhaust emissions standards for NOX, CO, HC, and smoke (SN). 
Currently, the FAA regulations governing aircraft engine exhaust 
emissions do not include NOX and CO. This rule amends 14 CFR 
Part 34 to add the standards for NOX and CO that were 
adopted by the EPA in July 1997.

Analysis of the Rule as Adopted

Section 34.1

    Section 34.1 is amended by expanding the definition of Class TF so 
that it would apply to new engine development programs such as propfan, 
unducted fan, and advanced ducted propfan (ADP) engines.

Section 34.2

    Section 34.2 is amended by adding the abbreviations for Carbon 
Monoxide (CO) and Oxides of Nitrogen (NOX), the two 
emissions standards being added to the regulations.

Section 34.21(d), (d)(1), and (e)(3)

    In section 34.21, paragraphs (d), (d)(1) and (e)(3) are being 
amended to add CO and NOX standards for exhaust emissions as 
requirements for newly manufactured aircraft gas turbine engines of 
rated thrust greater than 26.7 Kilonewtons (kN). This change will make 
U.S. and international emissions standards and test procedures 
compatible.

Section 34.60(c)

    Section 34.60(c) is amended to require a NOX measurement 
as part of the test procedures for engine exhaust gaseous emissions. 
This change is necessary to provide the data from which compliance with 
the new NOX standard may be demonstrated.

Section 34.61

    Section 34.61 is amended by adjusting the allowable ranges of 
values in the properties of the fuel specifications to be used in 
aircraft turbine engine emission testing. This change will allow a 
wider band of test fuel acceptability without degradation in emission 
data quality and make U.S. and international emissions standards and 
test procedures compatible.

Section 34.62(a)(2)

    Section 34.62(a)(2) is amended by adding CO emissions to the taxi/
idle operating modes of the test procedure. This change is necessitated 
by the addition of the CO standard, and will make U.S. international 
emissions test procedures for engine exhaust gaseous emissions 
compatible.

Section 34.64

    Section 34.64 is amended by incorporating by reference the most

[[Page 5557]]

recent version of ICAO Annex 16, Environmental Protection, Volume II, 
Aircraft Engine Emissions, Second Edition, July 1993. Appendices 3 and 
5 of this document specify the system and procedures for sampling and 
measurement of gaseous emissions. This change is necessitated by the 
addition of the CO and NOX standards, and will make U.S. and 
international emissions test procedures for engine exhaust gaseous 
emissions compatible.

Section 34.71

    Section 34.71 is amended by incorporating by reference the most 
recent version of ICAO Annex 16, Environmental Protection, Volume II, 
Aircraft Engine Emissions, Second Edition, dated July 1993. Appendices 
3 and 5 of this document specify the system and procedures for sampling 
and measurement of gaseous emissions. This change is necessitated by 
the addition of the CO and NOX standards, and will make U.S. 
and international emissions test procedures for engine exhaust gaseous 
emissions compatible.

Section 34.82

    Section 34.82 is amended by incorporating by reference the most 
recent version of ICAO Annex 16, Environmental Protection, Volume II, 
Aircraft Engine Emissions, Second Edition, dated July 1993. Appendices 
3 and 5 of this document specify the system and procedures for sampling 
and measurement of smoke emissions. This change will make U.S. and 
international emissions test procedures for engine smoke emissions 
compatible.

Section 34.89

    Section 34.89 is amended by incorporating by reference the most 
recent version of ICAO Annex 16, Environmental Protection, Volume II, 
Aircraft Engine Emissions, Second Edition, dated July 1993. Appendices 
3 and 5 of this document specify the system and procedures for sampling 
and measurement of smoke emissions. This change will make U.S. and 
international emissions test procedures for engine smoke emissions 
compatible.

Paperwork Reduction Act

    There are no requirements for information collection associated 
with this final rule; accordingly, no analysis under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3507(d)) is required.

International Compatibility

    The FAA has reviewed corresponding International Civil Aviation 
Organization standards and recommended practices and Joint Aviation 
Airworthiness Authorities requirements and has identified no 
differences in these amendments and the foreign regulations. These 
changes are intended to make the U.S. and international standards more 
compatible.

Regulatory Evaluation Summary

    Proposed and final rule changes to Federal regulations must undergo 
several economic analyses. First, Executive Order 12866 directs that 
each Federal agency shall propose or adopt a regulation only upon a 
reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 
requires agencies to analyze the economic effect of regulatory changes 
on small entities. Third, the Office of Management and Budget directs 
agencies to assess the effect of regulatory changes on international 
trade. Finally, Public Law 104-4 requires federal agencies to assess 
the impact of any federal mandates on state, local, tribal governments, 
and the private sector.
    In conducting these analyses, the Federal Aviation Administration 
(FAA) has determined that the final rule will generate benefits that 
justify its costs and is not ``a significant regulatory action'' as 
defined under section 3(f) of Executive Order 12866 and Department of 
Transportation Regulatory Policies and Procedures (44 FR 11034, 
February 26, 1979). The final rule will not have a significant impact 
on a substantial number of small entities and will not constitute a 
barrier to international trade. In addition, this final rule does not 
contain any Federal intergovernmental mandates, but does contain a 
private sector mandate. However, because expenditures by the private 
sector will not exceed $100 million annually, the requirements of Title 
II of the Unfunded Mandates Reform Act of 1995 do not apply.

Overview

    In July, 1997, the Environmental Protection Agency (EPA) amended 
existing United States regulations governing the exhaust emissions from 
new commercial gas turbine aircraft engines. Under authority of section 
231 of the Clean Air Act (the Act), the EPA promulgated new emission 
standards for oxides of nitrogen (NOX) and carbon monoxide 
(CO) for newly manufactured and newly certified commercial gas turbine 
aircraft engines. The EPA action codified the NOX and CO 
emission standards of the United Nations International Civil Aviation 
Organization (ICAO). As a result, U.S. emission standards are in 
alignment with internationally adopted standards.
    This final rule amends Part 34 of Title 14 of the Code of Federal 
Regulations (14 CFR Part 34) to ensure that it contains the same 
aircraft emission standards as those promulgated by the EPA in 40 CFR 
Part 87. A full regulatory evaluation of the potential monetary costs 
that would be imposed and benefits generated (including separate 
analyses for regulatory flexibility, international trade impact, and 
unfunded mandates) is usually prepared for FAA rulemaking actions. 
However, this regulation brings FAA rules into conformity with EPA 
rules, which have already been issued. Therefore, a full regulatory 
evaluation is unwarranted because the FAA is not imposing a new rule on 
the aviation industry, and any costs associated with these changes have 
been accounted for by the EPA rule (62 FR 25356, May 8, 1997). Thus, 
for the aforementioned reason, an abbreviated regulatory evaluation has 
been prepared for this final rule, which will serve as both the summary 
and full regulatory evaluation.

Costs

    On July 7, 1997, EPA issued a final rule amending regulations 
governing the exhaust emissions from aircraft and aircraft engines, 
emission standards, and test procedures. The EPA estimated that their 
action will impose no additional burden on manufacturers. This final 
rule puts forth the FAA's responsibility to enforce the EPA's revised 
emission standards.
    Aircraft manufacturers and affected aircraft parts manufacturers 
are currently meeting the NOX and CO emission standards that 
EPA adopted. Therefore, the FAA has determined that because the 
emission test procedures are widely applied and accepted, little or no 
costs will be incurred by the aviation industry as a result of the 
FAA's action.

Benefits

    This final rule will ensure that the public receives the air 
quality benefits established by the Clean Air Act. These certification 
testing rules are consistent with ICAO's standards, and emission 
certification test procedures. This harmonization of U.S. emission 
requirements with ICAO emission requirements is expected to reduce 
certificate testing requirements for newly manufactured aircraft 
engines and could help the sale of U.S. aviation products abroad.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 establishes ``as a principle 
of regulatory

[[Page 5558]]

issuance that agencies shall endeavor, consistent with the objective of 
the rule and of applicable statues, to fit regulatory and informational 
requirements to the scale of the business, organizations, and 
governmental jurisdictions subject to regulation.'' To achieve that 
principal, the Act requires agencies to solicit and consider flexible 
regulatory proposals and to explain the rational for their actions. The 
Act covers a wide-range of small entities, including small businesses, 
not-for-profit organizations and small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis (RFA) as 
described in the Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 Act provides that 
the head of the agency may so certify and a RFA is not required. The 
certification must include a statement providing the factual basis for 
this determination, and the reasoning should be clear. The rule 
incorporates current ICAO standards already met by the impacted 
aircraft manufacturers and aircraft parts manufacturers of commercial 
gas turbine engines, this rule does not add additional cost to the 
aviation industry. In addition, in July 1997, the EPA issued a final 
rule amending regulations governing the exhaust emissions from aircraft 
and aircraft engines, emission standards, and test procedures. This 
final rule does not add any additional costs on the aviation industry. 
This rule only puts forth the FAA's responsibility to enforce the EPA's 
emission standards. Accordingly, the FAA certifies that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

International Trade Impact Assessment

    This final rule will not impose a competitive disadvantage to 
either U.S. air carriers doing business abroad or foreign air carriers 
doing business in the United States. However, it could positively 
affect the sale of United States aviation products or services in 
foreign countries due to the harmonization and consistency for 
certification testing between United States and international emission 
standards and control program requirements.

Federalism Implications

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

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation) in any one year. 
Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal 
agency to develop an effective process to permit timely input by 
elected officers (or their designees) of State, local, and tribal 
governments on a proposed ``significant intergovernmental mandate.'' A 
``significant intergovernmental mandate'' under the Act is any 
provision in a Federal agency regulation that would impose an 
enforceable duty upon State, local, and tribal governments, in the 
aggregate, of $100 million (adjusted annually for inflation) in any one 
year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section 
204(a), provides that before establishing any regulatory requirements 
that might significantly or uniquely affect small governments, the 
agency shall have developed a plan that, among other things, provides 
for notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity to provide input in the development 
of regulatory proposals.
    This rule does not contain any Federal intergovernmental mandates, 
but does contain a private sector mandate. Since expenditures by the 
private sector will not exceed $100 million annually, as the result of 
little or no costs imposed by this final rule, the requirements of 
Title II of the Unfunded Mandates Reform Act of 1995 do not apply.

Environmental Analysis

    Pursuant to Department of Transportation, ``Policies and Procedures 
for Considering Environmental Impacts'' (FAA Order 1050.1D, Appendix 7, 
paragraph 4, Change 3, December 5, 1986), the FAA is categorically 
excluded from providing an environmental analysis with regard to Part 
34. It is mandated by law to issue regulations to ensure compliance 
with the EPA aircraft emissions standards and the EPA has performed all 
required environmental analyses prior to the issuance of those 
standards.

Determination of Effective Date

    This regulation is being promulgated as a final rule without notice 
and opportunity for prior public comment. Since the regulations adopted 
in this rule were adopted by the EPA in 1997 in 40 CFR part 87 and are 
already required for aircraft engine certification under those 
regulations, the FAA has determined that notice and prior public 
comment are necessary. The FAA does not anticipate that a request for 
public comment at this time would result in a receipt of useful 
information. Opportunity for public comment was provided by the EPA, 
and comments received were addressed by that agency.
    For the same reason, the FAA has determined that good cause exists 
for making this amendment effective in less than 30 days. Compliance 
with these regulations has been required since their promulgation by 
the EPA in 1997.

List of Subjects in 14 CFR Part 34

    Air pollution control, Aircraft, Incorporation by reference.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends part 34 of Title 14, Code of Federal Regulations 
(14 CFR part 34) as follows:

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

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

    Authority: 42 U.S.C. 4321 et seq., 7572; 49 U.S.C. 106(g), 
40113, 44701-44702, 44704, 44714.

    2. Section 34.1 is amended by revising the definition of ``Class 
TF'', to read as follows:


Sec. 34.1  Definitions.

* * * * *
    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.
* * * * *

[[Page 5559]]

    3. Section 34.2 is amended by adding the following abbreviations in 
alphabetical order to read as follows:


Sec. 34.2  Abbreviations.

* * * * *
CO  Carbon Monoxide
* * * * *
NOX  Oxides of Nitrogen
* * * * *

Subpart C--Exhaust Emissions (New Aircraft Gas Turbine Engines)

    4. Section 34.21 is amended by revising paragraphs (d) and (e)(3) 
to read as follows:


Sec. 34.21  Standards for exhaust emissions.

* * * * *
    (d) Gaseous exhaust emissions from each new aircraft gas turbine 
engine shall not exceed:
    (1) For Classes TF, T3, T8 engines greater than 26.7 kilonewtons 
(6000 pounds) rated output:
    (i) Engines manufactured on or after January 1, 1984:

Hydrocarbons: 19.6 grams/kilonewton r0.

    (ii) Engines manufactured on or after July 7, 1997.

Carbon Monoxide: 118 grams/kilonewton r0.

    (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 r0.

    (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 r0.

    (v) The emission standards prescribed in paragraphs (d)(1)(iii) and 
(iv) of this section apply as prescribed beginning July 7, 1997.
    (2) For Class TSS Engines manufactured on or after January 1, 1984:

Hydrocarbons=140 (0.92) rPR grams/kilonewtons r0.

    (e) * * *
    (3) For Class TP of rated output equal to or greater than 1,000 
kilowatts manufactured on or after January 1, 1984:

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 34.60 is amended by revising paragraph (c) to read as 
follows:


Sec. 34.60  Introduction.

 * * * * *
    (c) The exhaust emission test is designed to measure concentrations 
of hydrocarbons, carbon monoxide, carbon dioxide, and oxides of 
nitrogen, 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 34.61 is revised to read as follows:


Sec. 34.61  Turbine fuel specifications.

    For exhaust emission testing, fuel that meets 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.

  Specification for Fuel To Be Used in Aircraft Turbine Engine Emission
                                 Testing
------------------------------------------------------------------------
                Property                    Allowable range of values
------------------------------------------------------------------------
Density at 15 deg.C....................  780-820.
Distillation Temperature,  deg.C 10%     155-201.
 Boiling Point.
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    2.5-6.5.
 \2\ /sec.
------------------------------------------------------------------------

    7. Section 34.62 is amended by revising paragraph (a)(2) to read as 
follows:


Sec. 34.62   Test procedure (propulsion engines).

    (a)(1) * * *
    (2) The taxi/idle operating modes shall be carried out at a power 
setting of 7% rated thrust unless the Administrator 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 Administrator shall 
specify an alternative test condition.
* * * * *
    8. Section 34.64 is revised to read as follows:


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

    The system and procedures for sampling and measurement of gaseous 
emissions shall be as specified in Appendices 3 and 5 to the 
International Civil Aviation Organization (ICAO) Annex 16, 
Environmental Protection, Volume II, Aircraft Engine Emissions, Second 
Edition, July 1993. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. This document can be obtained from the 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. Copies may be 
reviewed at the FAA Office of the Chief Counsel, Rules Docket, Room 
916, Federal Aviation Administration Headquarters Building, 800 
Independence Avenue, SW., Washington, DC, or at the FAA New England 
Regional Office, 12 New England Executive Park, Burlington, 
Massachusetts, or at the Office of Federal Register, 800 North Capitol 
Street, NW., Suite 700, Washington, DC.
    9. Section 34.71 is revised to read as follows:


Sec. 34.71   Compliance with gaseous emission standards.

    Compliance with each gaseous emission standard by an aircraft 
engine shall be determined by comparing the pollutant level in grams/
kilonewton/thrust/cycle or grams/kilowatt/cycle as calculated in 
Sec. 34.64 with the applicable emission standard under this part. An 
acceptable alternative to testing every engine is described in Appendix 
6 to ICAO Annex 16, Environmental Protection, Volume II, Aircraft 
Engine Emissions, Second Edition, July 1993, effective March 20, 1997. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
This document can be obtained from, and copies may be reviewed at, the

[[Page 5560]]

respective addresses listed in Sec. 34.64. Other methods of 
demonstrating compliance may be approved by the FAA Administrator with 
the concurrence of the Administrator of the EPA.
    10. Section 34.82 is revised to read as follows:


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

    The system and procedures for sampling and measurement of smoke 
emissions shall be as specified in Appendix 2 to ICAO Annex 16, Volume 
II, Environmental Protection, Aircraft Engine Emissions, Second 
Edition, July 1993. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. This document can be obtained from, and copies may be 
reviewed at, the respective addresses listed in Sec. 34.64.
    11. Section 34.89 is revised to read as follows:


Sec. 34.89   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 being tested. 
An acceptable alternative to testing every engine is described in 
Appendix 6 to ICAO Annex 16, Environmental Protection, Volume II, 
Aircraft Engine Emissions, Second Edition, July 1993. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This 
document can be obtained from the address listed in Sec. 34.64. Other 
methods of demonstrating compliance may be approved by the 
Administrator with the concurrence of the Administrator of the EPA.

    Issued in Washington, DC, on January 20, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-1608 Filed 2-2-99; 8:45 am]
BILLING CODE 4910-13-M