[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Rules and Regulations]
[Pages 19125-19128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9433]



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 Rules and Regulations
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  Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules 
and Regulations  

[[Page 19125]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 34

[Docket No. FAA-2009-0112; Amendment No. 34-4]
RIN 2120-AJ41


Emission Standards for Turbine Engine Powered Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the emission standards for turbine engine 
powered airplanes to incorporate the standards adopted by the United 
States Environmental Protection Agency (EPA). This rule also amends 
certain test procedures for gaseous exhaust emissions, which are based 
on the standards of the International Civil Aviation Organization 
(ICAO) for gaseous emissions of oxides of nitrogen (NOX). 
This rule will bring the standards of 14 CFR part 34 into alignment 
with 40 CFR part 87 as required.

DATES: This amendment becomes effective June 29, 2009. The 
incorporation by reference of certain publications listed in the 
regulations is approved by the Director of the Federal Register as of 
June 29, 2009.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this final rule, contact Aimee Fisher, Emissions Division (AEE-300), 
Office of Environment and Energy, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
7705; e-mail: [email protected]. For legal questions concerning this 
rule, contact Karen Petronis (AGC-200), Office of the Chief Counsel, 
Regulations Division, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-3073; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, Section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44714, Aviation Fuel 
Standards. Under that section, the FAA is charged with prescribing 
standards to control or eliminate aircraft emissions that the 
Administrator of the Environmental Protection Agency has found to 
endanger the public health or welfare, pursuant to his authority found 
in Section 231 of the Clean Air Act (42 U.S.C. 7571). These regulations 
are within the scope of that authority because we are adopting the 
standards previously mandated by the EPA.

Background

    Section 232 of the Clean Air Act Amendments of 1970 (the Act), 42 
U.S.C. 7401 et seq., requires the 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 originally promulgated standards for engine fuel venting 
emissions, engine smoke emissions, and exhaust gas emissions of 
unburned hydrocarbons (HC), oxides of nitrogen (NOX), and 
carbon monoxide (CO) in 40 CFR part 87. Since the EPA established the 
first standards in 1973, the FAA has worked with the International 
Civil Aviation Organization (ICAO) to develop international aircraft 
exhaust emissions standards for NOX, CO, HC, and smoke (SN). 
The FAA added the 1997 EPA standards for NOX and CO in 
February 1999 (64 FR 5556, February 3, 1999).
    In September 2003, the EPA proposed new standards for engine fuel 
venting emissions, engine smoke emissions, and exhaust gaseous 
emissions of NOX (68 FR 56226, September 30, 2003). The 
proposal was designed to align the U.S. emissions standards with those 
of ICAO.
    The EPA adopted the proposed standards in November 2005 (70 FR 
69664, November 17, 2005). The National Association of Clean Air 
Agencies (NACAA) sought review of the EPA's action, arguing that the 
EPA's interpretation of the Act was impermissible. The EPA had found 
that the Act does not require the agency to subordinate all other 
concerns to emissions reduction and reach a ``technology-forcing'' 
result. In essence, NACAA argued that the 2005 standards did not 
require enough reduction in emissions and that the EPA had failed to 
set a firm timeline for tightening the standards in the future.
    On June 1, 2007, the United States Court of Appeals for the 
District Of Columbia Circuit found in favor of the EPA (489 F.3d 1221). 
The court accepted the EPA's interpretation of the Act and its 
responsibilities in setting aircraft emissions standards. With that 
challenge to the standards no longer at issue, we are amending 14 CFR 
part 34 to reflect the standards promulgated by the EPA in 2005.

Analysis of Rule as Adopted

    Although the language of this amendment is not identical to the 
comparable sections adopted by the EPA, any differences are solely the 
result of differences in format between the sets of regulations in 40 
CFR and 14 CFR. No changes in the standards were meant nor may any be 
implied by any differences between the sets of regulations.
    Sections 34.64, 34.71, 34.82, and 34.89 of 14 CFR are amended by 
revising the incorporation by reference to specify that the system and 
procedures for sampling and measurement of gaseous emissions are those 
found in ICAO Annex 16, Environmental Protection, Volume II, Aircraft 
Engine Emissions, Second Edition, July 1993, through Amendment 3 (March 
20, 1997). This amendment also corrects the effective date of Volume 
II, removes the reference to the FAA Rules Docket Room, and updates the 
address for ICAO's Document Sales Unit.
    The only substantive changes to this regulation are the 
NOX standards added in Sec.  34.21(d)(1)(vi). All other 
changes are reference updates to the newer version of ICAO Annex 16 as 
noted.

[[Page 19126]]

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public.
    An agency may not collect or sponsor the collection of information, 
nor may it impose an information collection requirement unless it 
displays a currently valid Office of Management and Budget (OMB) 
control number. We have determined that there is no current or new 
requirement for information collection associated with this amendment.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these proposed regulations.

Regulatory Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates Assessment

    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 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, the Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this final rule. The reasoning 
for this determination follows:
    Rulemaking actions by the FAA usually trigger 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). 
However, this regulation brings the regulations in 14 CFR into 
conformity with existing EPA regulations. A full regulatory evaluation 
is unwarranted because the FAA is not imposing a new rule on the 
aviation industry. The EPA has accounted for any costs associated with 
these changes in its rulemaking (70 FR 69664, November 17, 2005).
    The FAA has, therefore, determined that this final rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA 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 rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    This final rule revises the emission standards for turbine engine 
airplanes and test procedures for gaseous exhaust emissions. With this 
final rule, the FAA adopts a previously approved EPA rule to bring the 
standards of 14 CFR part 34 into alignment with 40 CFR part 87 as 
required by law. Therefore, as the acting FAA Administrator, I certify 
that this rule will not have a significant economic impact on a 
substantial number of small entities.

International Trade Impact Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. Pursuant to these Acts, the establishment of 
standards are not considered unnecessary obstacles to the foreign 
commerce of the United States, so long as the standards have a 
legitimate domestic objective, such the protection of safety, and do 
not operate in a manner that excludes imports that meet this objective. 
The statute also requires consideration of international standards and, 
where appropriate, that they be the basis for U.S. standards. The FAA 
notes the purpose is to ensure the safety of the American public and 
has assessed the effects of this rule to ensure it does not exclude 
imports that meet this objective. As a result, this final rule will 
impose the same costs on domestic and international entities and thus 
has a neutral trade impact.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(adjusted annually for inflation with the base year 1995) in any one 
year by State, local, and tribal governments, in the aggregate, or by 
the private sector; such a mandate is deemed to be a ``significant 
regulatory action.'' The FAA currently uses an inflation-adjusted value 
of $136.1 million in lieu of $100 million. This final rule does not 
contain such a

[[Page 19127]]

mandate. The requirements of Title II do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government and, therefore, does not have federalism implications.

Environmental Analysis

    In accordance with FAA Order 1050.1E, the FAA has determined that 
this action is categorically excluded from environmental review under 
section 102(2)(c) of the National Environmental Policy Act (NEPA). This 
action is categorically excluded under FAA Order 1050.1E, Chapter 3, 
paragraph 312a, which covers ``all FAA actions to ensure compliance 
with EPA aircraft emissions standards.'' This rule amends the emission 
standards for turbine engine powered airplanes, and certain test 
procedures for gaseous exhaust emissions, to incorporate the standards 
adopted by the EPA based on the ICAO standards for gaseous emissions of 
oxides of nitrogen (NOX). This rule brings FAA regulatory 
standards for emissions into alignment with EPA emissions standards, as 
required by law. This action qualifies for a categorical exclusion 
because no significant impacts to the environment are expected to 
result from its finalization or implementation and no extraordinary 
circumstances exist as prescribed under Chapter 3, paragraph 304 of 
Order 1050.1E.

 Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order because it is 
not a ``significant regulatory action'' under Executive Order 12866, 
and it is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending 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. Make 
sure to identify the amendment number or docket number of this 
rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://DocketsInfo.DOT.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. If you are a small entity and you have a question 
regarding this document, you may contact your local FAA official, or 
the person listed under the FOR FURTHER INFORMATION CONTACT heading at 
the beginning of the preamble. You can find out more about SBREFA on 
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

Good Cause for Adoption of This Final Rule

    This regulation is being promulgated as a final rule without notice 
and opportunity for prior public comment. The standards adopted in this 
rule were the subject of full notice and comment rulemaking by the EPA, 
and were published as amendments to 40 CFR part 87 in 2005. They are 
already required for aircraft engine certification under those 
regulations. Accordingly, we have determined that notice and prior 
public comment has already been accomplished. The FAA has no reason to 
believe 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 in its 2003 NPRM, and comments received were 
addressed by that agency.

List of Subjects in 14 CFR Part 34

    Air pollution control, Aircraft, Incorporation by reference.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends Chapter I of Title 14, Code of Federal Regulations part 34 as 
follows:

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

0
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.


0
2. Amend Sec.  34.21 to add new paragraph (d)(1)(vi) to read as 
follows:


Sec.  34.21  Standards for exhaust emissions.

* * * * *
    (d) * * *
    (1) * * *
    (vi) The emission standards of this paragraph apply as prescribed 
after December 18, 2005. For engines of a type or model of which the 
first individual production model was manufactured after December 31, 
2003:
    (A) That have a rated pressure ratio of 30 or less and a maximum 
rated output greater than 89 kilonewtons: Oxides of Nitrogen: (19 + 1.6 
(rPR)) grams/kilonewtons rO.
    (B) That have a rated pressure ratio of 30 or less and a maximum 
rated output greater than 26.7 kilonewtons but not greater than 89 
kilonewtons: Oxides of Nitrogen: (37.572 + 1.6(rPR) -0.2087(rO)) grams/
kilonewtons rO.
    (C) That have a rated pressure ratio greater than 30 but less than 
62.5, and a maximum rated output greater than 89 kilonewtons: Oxides of 
Nitrogen (7 + 2(rPR)) grams/kilonewtons rO.
    (D) That have a rated pressure ratio greater than 30 but less than 
62.5, and a maximum rated output greater than 26.7 kilonewtons but not 
greater than 89 kilonewtons: Oxides of Nitrogen: (42.71 + 1.4286(rPR) - 
0.4013(rO) + 0.00642(rPR x rO)) grams/kilonewtons rO.
    (E) That have a rated pressure ratio of 62.5 or more: Oxides of 
Nitrogen: (32 + 1.6 (rPR)) grams/kilonewtons rO.
* * * * *

0
3. Revise Sec.  34.64 to read as follows:


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

    The system and procedure for sampling and measurement of gaseous

[[Page 19128]]

emissions shall be as specified by 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, effective July 26, 1993, through Amendment 3 (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 the International Civil 
Aviation Organization (ICAO), Document Sales Unit, 999 University 
Street, Montreal, Quebec H3C 5H7, Canada, phone +1 514-954-8022, or 
http://icaodsu.openface.ca/mainpage.ch2. Copies can be reviewed at the 
FAA New England Regional Office, 12 New England Executive Park, 
Burlington, Massachusetts, 781-238-7101, or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

0
4. Revise Sec.  34.71 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 July 26, 1993, 
including all amendments through Amendment 3 (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 the International Civil Aviation 
Organization (ICAO), Document Sales Unit, 999 University Street, 
Montreal, Quebec H3C 5H7, Canada, phone +1 514-954-8022, or http://icaodsu.openface.ca/mainpage.ch2. Copies can be reviewed at the FAA New 
England Regional Office, 12 New England Executive Park, Burlington, 
Massachusetts, 781-238-7101, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. 
Other methods of demonstrating compliance may be approved by the FAA 
Administrator with the concurrence of the Administrator of the EPA.

0
5. Revise Sec.  34.82 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 by Appendix 2 to ICAO Annex 2 to ICAO 
Annex 16, Environmental Protection, Volume II, Aircraft Engine 
Emissions, Second Edition, July 1993, effective July 26, 1993, through 
Amendment 3 (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 the 
International Civil Aviation Organization (ICAO), Document Sales Unit, 
999 University Street, Montreal, Quebec H3C 5H7, Canada, phone +1 514-
954-8022, or http://icaodsu.openface.ca/mainpage.ch2. Copies can be 
reviewed at the FAA New England Regional Office, 12 New England 
Executive Park, Burlington, Massachusetts, 781-238-7101, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

0
6. Revise Sec.  34.89 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 under 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, effective July 
16, 1993, including all amendments through Amendment 3 of 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 the International Civil Aviation 
Organization (ICAO), Document Sales Unit, 999 University Street, 
Montreal, Quebec H3C 5H7, Canada, phone +1 514-954-8022, or http://icaodsu.openface.ca/mainpage.ch2. Copies can be reviewed at the FAA New 
England Regional Office, 12 New England Executive Park, Burlington, 
Massachusetts, 781-238-7101, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. 
Other methods of demonstrating compliance may be approved by the FAA 
Administrator with the concurrence of the Administrator of the EPA.

    Issued in Washington, DC on April 20, 2009.
Lynne A. Osmus,
Acting Administrator.
[FR Doc. E9-9433 Filed 4-27-09; 8:45 am]
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