[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Rules and Regulations]
[Pages 63017-63018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24713]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 34 and 45

[Docket No.: FAA-2012-1333; Amendment Nos. 34-5 and 45-28]
RIN 2120-AK15


Exhaust Emissions Standards for New Aircraft Gas Turbine Engines 
and Identification Plate for Aircraft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; disposition of comments.

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SUMMARY: On December 31, 2012, the FAA published a final rule with a 
request for comments amending the emission standards for turbine engine 
powered airplanes to incorporate the standards that were promulgated by 
the United States Environmental Protection Agency (EPA) on June 18, 
2012. The FAA's final rule fulfilled its requirements under the Clean 
Air Act Amendments of 1970 to issue regulations ensuring compliance 
with the EPA standards. Although the public had an opportunity to 
comment on the EPA's rule, and the FAA adopted the same requirements, 
the FAA sought public comment on its final rule. This action addresses 
the comments the FAA received.

DATES: October 23, 2013.

ADDRESSES: You may review the public docket for this rulemaking (Docket 
No.

[[Page 63018]]

FAA-2012-1333) at the Docket Management Facility in Room W12-140 of the 
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, 
DC, 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. You may also review the public docket on the Internet 
at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, 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; email [email protected].
    For legal questions concerning this action contact Karen Petronis, 
International Law, Legislation and Regulations Division (AGC-200), 
Office of the Chief Counsel, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3073, email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 231(a)(2)(A) of the Clean Air Act (CAA) (42 U.S.C. 7571) 
directs the Administrator of the EPA to propose aircraft emission 
standards applicable to the emission of any air pollutant from classes 
of aircraft engines which, in the EPA Administrator's judgment, causes 
or contributes to air pollution that may reasonably be anticipated to 
endanger public health or welfare. These emission standards have been 
promulgated by the EPA in 40 CFR part 87.
    Section 232 of the CAA (42 U.S.C. 7572) then directs the FAA to 
prescribe regulations to ensure compliance with the EPA's standards. 
The FAA has promulgated these emission standards in 14 CFR part 34, and 
in the engine marking requirements in part 45.
    The EPA initially regulated gaseous exhaust emissions, smoke and 
fuel venting from aircraft in 1973, with occasional revision. Since the 
EPA's adoption of the initial regulations, the FAA has taken subsequent 
action to ensure that the regulations in 14 CFR are kept current with 
the EPA's standards.
    On July 27, 2011, the EPA proposed new aircraft engine emission 
standards for oxides of nitrogen (NOX), compliance 
flexibilities, and other regulatory requirements for aircraft turbofan 
or turbojet engines with rated thrusts greater than 26.7 kilonewtons 
(kN) (76 FR 45012). The EPA also proposed adopting the gas turbine 
engine test procedures of the International Civil Aviation Organization 
(ICAO). The final rule adopting these proposals was published on June 
18, 2012 (77 FR 36342), and was effective July 18, 2012.
    On December 31, 2012, the FAA published a final rule with a request 
for comments (77 FR 76842) adopting the EPA's new emissions standards 
in part 34. Although the EPA's NPRM presented an opportunity to comment 
on the proposed regulations and the EPA addressed them in its final 
rule, the FAA sought public comment on its final rule.

Discussion of Comments

    The FAA received three comments on the final rule.
    Aerospace Industries Association (AIA) expressed support for the 
requirements in the final rule, noting that the changes would harmonize 
U.S. regulations with those of ICAO. The AIA noted that some language 
in both the FAA and EPA rules differ from that which was agreed to by 
ICAO's Committee of Aviation Environmental Protection. The AIA stated 
that these differences would result in some unnecessary complication 
and manufacturer cost, and cited as an example the term ``excepted'' 
for spare engines that do not need to meet the production cutoff 
requirements. Current engine labeling allows the terms ``COMPLY'' or 
``EXEMPT'' for emissions, and AIA believed these terms should continue 
to be used.
    Rolls-Royce Group stated that it participated in generating the 
comments submitted by AIA, and endorsed AIA's comments.
    The FAA notes that AIA raised this same issue in its comments to 
the EPA's NPRM. In its final rule, the EPA offered the following 
support for its decision not to change what it proposed despite AIA's 
comment:
     The Tier 6 production cutoff does not apply to the 
continued production of engines that are designated spares. Spare 
engines are produced to replace a similar engine already in service 
that was removed from service for maintenance purposes. Accordingly, 
the production of a spare engine is not restricted by the production 
cutoff, and the regulation does not apply to these engines.
     The non-applicability of the cutoff eliminates the need to 
process an exemption for continued production of these engines beyond 
December 31, 2012.
     Conversely, engines that are intended to be produced for 
new installations (i.e., not replacing an engine already in service) 
are subject to the production cutoff regulation and the continued 
production of such engines beyond the cutoff date would require a grant 
of exemption.
     Since the production of spare engines is not subject to 
the new cutoff regulations, the FAA proposed and the EPA accepted the 
idea that referring to these engines as exceptions to the regulation 
was more appropriate than requiring case-by-case consideration of 
exemptions when the regulation did not apply.
     The word ``exemption'' has a specific legal meaning. In 14 
CFR Part 11 the FAA uses it to mean that an applicant is subject to a 
particular regulation and is requesting time limited relief under a 
specific set of criteria. It is a specialized form of rulemaking.
     When an entity or its product is specifically excluded 
from a regulatory provision, it is considered ``excepted.''
    The FAA believes that the rationale for using the word ``excepted'' 
continues to be valid, and both agencies use the term in the final 
rules with the same meaning and intent. No change is being made to the 
rule based on the comments of AIA and Rolls Royce.
    Pratt & Whitney supported the FAA's implementation of the NOx 
emission standards promulgated by the EPA, as the EPA rule reflects 
U.S. efforts to harmonize domestic emission standards with the 
international standards adopted by ICAO. In the event that a 
substantive difference between the FAA's and EPA's final rules is 
discovered, Pratt & Whitney attached its comments to the EPA's proposed 
rulemaking. Pratt & Whitney's comment did not specify any instance 
where substantive differences might exist between the FAA and EPA final 
rules. No change is being made to the rule based on Pratt & Whitney's 
comment.

Conclusion

    After analyzing the comments submitted in response to this final 
rule, the FAA has determined that no revisions to the rule are 
warranted based on the comments received.

    Issued under authority of 49 U.S.C. 106 and section 232 of the 
Clean Air Act (42 U.S.C. 7571) in Washington, DC, on October 1, 
2013.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2013-24713 Filed 10-22-13; 8:45 am]
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