Exhaust Emissions Standards for New Aircraft Gas Turbine Engines and Identification Plate for Aircraft Engines, 76842-76854 [2012-31109]
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
§ 32.1
[Amended]
interested parties that the January 1,
2013 date would likely be extended. For
these reasons, the OCC finds that prior
notice and comment are unnecessary.
of proposed rulemaking. Therefore, the
RFA does not apply to this final rule.
III. Effective Date
Section 202 of the Unfunded
Mandates Reform Act of 1995, Public
Law 104–4 (2 U.S.C. 1532) (Unfunded
Mandates Act), requires that an agency
prepare a budgetary impact statement
before promulgating any rule likely to
result in a Federal mandate 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 in any one year. If a budgetary
impact statement is required, § 205 of
the Unfunded Mandates Act also
requires an agency to identify and
consider a reasonable number of
regulatory alternatives before
promulgating a rule. The OCC has
determined that there is no Federal
mandate imposed by this rulemaking
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 in any one year.
Accordingly, final rule is not subject to
§ 202 of the Unfunded Mandates Act.
Dated: December 21, 2012.
Thomas J. Curry,
Comptroller of the Currency.
Paperwork Reduction Act
SUMMARY:
This interim final rule is effective on
December 31, 2012. A final rule may be
effective without 30 days advance
publication in the Federal Register if an
agency finds good cause and publishes
such with the final rule.6 The purpose
of a delayed effective date is to permit
regulated entities to adjust their
behavior before the final rule takes
effect. As described above, national
banks and savings associations are
currently excepted from the lending
limits rules for extensions of credit
arising from derivative transactions or
securities financing transactions until
January 1, 2013. This final rule extends
this exception through July 1, 2013 in
order to provide national banks and
savings associations with additional
time to comply with these provisions.
The rule makes no substantive changes
to the lending limits rule. Because the
current exception will expire less than
30 days from the date of this rule’s
publication, it is necessary to make this
rule effective immediately. Not doing so
would result in national banks and
savings associations having to comply
with these provisions for a limited
amount of time before the July 1, 2013
exception is effective. For these reasons,
the OCC finds good cause to dispense
with a delayed effective date.
IV. Regulatory Analysis
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Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act (RFA),7 5 U.S.C. 603, an agency
must prepare a regulatory flexibility
analysis for all proposed and final rules
that describe the impact of the rule on
small entities, unless the head of an
agency certifies that the rule will not
have ‘‘a significant economic impact on
a substantial number of small entities.’’
However, the RFA applies only to rules
for which an agency publishes a general
notice of proposed rulemaking pursuant
to 5 U.S.C. 553(b).8 Pursuant to the APA
at 5 U.S.C. 553(b)(B), general notice and
an opportunity for public comment are
not required prior to the issuance of a
final rule when an agency, for good
cause, finds that ‘‘notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.’’ For the reasons discussed
above, the OCC did not publish a notice
65
U.S.C. 553(d)(3).
Law 96–354, Sept. 19, 1980.
8 5 U.S.C. 603(a), 604(a).
7 Public
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Unfunded Mandates Reform Act
In accordance with the requirements
of the Paperwork Reduction Act (PRA)
of 1995 (44 U.S.C. 3501–3521), the OCC
may not conduct or sponsor, and a
respondent is not required to respond
to, an information collection unless it
displays a currently valid Office of
Management and Budget (OMB) control
number. This rule amends rules, which
contain information collection
requirements under the PRA, that have
been previously approved by OMB
under OMB Control No. 1557–0221. The
amendments in this final rule do not
introduce any new collections of
information into the rules, nor do they
amend the rules in a way that modifies
the collection of information that OMB
has previously approved for part 32.
Therefore, no Paperwork Reduction Act
submission to OMB is required.
List of Subjects in 12 CFR Part 32
National banks, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, 12 CFR part 32 is amended as
follows:
PART 32—LENDING LIMITS
1. The authority citation for part 32
continues to read as follows:
■
Authority: 12 U.S.C. 1 et seq., 84, 93a,
1462a, 1463, 1464(u), and 5412(b)(2)(B).
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2. Section 32.1(d) is amended by
removing ‘‘January 1, 2013’’ and adding
in its place ‘‘July 1, 2013’’.
■
[FR Doc. 2012–31267 Filed 12–26–12; 11:15 am]
BILLING CODE 4810–33–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
This action amends the
emission standards for turbine engine
powered airplanes to incorporate the
standards promulgated by the United
States Environmental Protection Agency
(EPA) on June 18, 2012. This
amendment fulfills the FAA’s
requirements under the Clean Air Act
Amendments of 1970 to issue
regulations ensuring compliance with
the EPA standards. This action revises
the standards for oxides of nitrogen and
test procedures for exhaust emissions
based on International Civil Aviation
Organization standards, and for the
identification and marking requirements
for engines.
DATES: Effective December 31, 2012.
Affected parties, however, are not
required to comply with the information
collection requirement in § 45.11 until
the Office of Management and Budget
(OMB) approves the collection and
assigns a control number under the
Paperwork Reduction Act of 1995. The
FAA will publish in the Federal
Register a notice of the control number
assigned by the Office of Management
and Budget (OMB) for this information
collection requirement.
The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register as of December 31, 2012.
Submit comments on or before March
1, 2013.
ADDRESSES: You may send comments
identified by Docket Number FAA–
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ebenthall on DSK5TPTVN1PROD with
2012–1333 using any of the following
methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
instructions for sending your comments
electronically.
• Mail: Send comments to Docket
Operations, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
• Hand Delivery: Take comments to
Docket Operations in Room W12–140 of
the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holiday.
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 Aimee.Fisher@faa.gov.
For legal questions concerning this
rule 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
Karen.Petronis@faa.gov.
SUPPLEMENTARY INFORMATION:
Good Cause for Immediate Adoption
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency
for ‘‘good cause’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without seeking comment
prior to the rulemaking.
In July 2011, the United States
Environmental Protection Agency (EPA)
proposed new aircraft engine emission
standards for oxides of nitrogen (NOX),
compliance flexibilities, and other
regulatory requirements applicable to
aircraft turbofan or turbojet engines with
rated thrusts greater than 26.7
kilonewtons (kN) (76 FR 45012, July 27,
2011). The final rule adopting these
proposals was published in the Federal
Register on June 18, 2012 (77 FR 36342).
The public had an opportunity to
comment on the EPA’s proposed rule,
and the comments received were
addressed in the EPA’s final rule.
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Section 232 of the Clean Air Act
Amendments of 1970 (CAA) (42 U.S.C.
7572) directs the FAA to prescribe
regulations to ensure compliance with
the EPA’s aircraft emission standards.
The FAA is amending 14 CFR parts 34
and 45 to incorporate the changes
promulgated by the EPA in the emission
standards and the associated engine
marking requirements. The FAA is not
adopting any standards or requirements
different from those promulgated by the
EPA. Accordingly, the FAA finds that
further public comment on these
standards prior to promulgation is
unnecessary, and that further delay in
making the regulations consistent would
be contrary to the public interest.
Section 553(d)(3) of the
Administrative Procedure Act requires
that agencies publish a rule not less
than 30 days before its effective date,
except as otherwise provided by the
agency for good cause found and
published with the rule.
This rule, as previously adopted by
the EPA, contains a production cutoff
date of December 31, 2012. In addition,
it contains a new production marking
requirement that is effective on aircraft
engines produced after December 31. In
order to give manufacturers the
maximum amount of time to adjust their
processes to these requirements, the
FAA finds that good cause exists to
make this rule effective in less than 30
days.
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. Under Section 232 of the
CAA (42 U.S.C. 7571), the FAA is
directed to prescribe regulations to
ensure compliance with the standards
prescribed by the EPA under § 7571,
including making such standards
applicable in the issuance, amendment,
modification, suspension, or revocation
of any certificate authorized by part A
of subtitle VII of title 49. These
regulations are within the scope of that
authority, as the FAA is adopting the
standards promulgated by the EPA and
making them applicable to aircraft
engine type certificates issued under the
FAA’s Title 49 authority.
Comments Invited
For the reasons noted above, the FAA
is adopting this final rule without prior
notice and public comment. The
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Regulatory Policies and Procedures of
the Department of Transportation (DOT)
(44 FR 1134; February 26, 1979) provide
that, to the maximum extent possible,
operating administrations for the DOT
should provide an opportunity for
public comment on regulations issued
without prior notice.
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. The agency also invites
comments relating to the economic,
environmental, energy, or federalism
impacts that might result from adopting
the changes. The most helpful
comments reference a specific portion of
this rule, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
please send only one copy of written
comments, or if you are filing comments
electronically, please submit your
comments only one time.
The FAA will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this rulemaking. Once the
comment period closes, the FAA will
review and dispose of the comments
filed in the rulemaking docket. Because
this is a final rule, the FAA will publish
a disposition of comments in the
Federal Register. Based on the
comments received, the FAA will state
whether it has decided that (i) no action
is necessary other than publishing the
disposition of comments in the Federal
Register, or (ii) the FAA should prepare
a revised final rule.
Privacy: We will post all comments
we receive, without change to
www.regulations.gov, including any
personal information you provide.
Using the search function of our docket
Web site, anyone can find and read the
comments received into any of our
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit
DocketsInfo.dot.gov.
Docket: To read background
documents or comments received, go to
regulations.gov at any time or to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
Proprietary or Confidential Business
Information
Do not file in the docket information
that you consider to be proprietary or
confidential business information. Send
or deliver this information directly to
the person identified in the FOR FURTHER
INFORMATION CONTACT section of this
document. Mark the information that is
considered proprietary or confidential.
If the information is on a disk or CD
ROM, mark the outside of the disk or CD
ROM and also identify electronically
within the disk or CD ROM the specific
information that is proprietary or
confidential.
Under § 11.35(b), when the FAA is
aware of proprietary information filed
with a comment, the agency does not
place it in the docket. The FAA holds
it in a separate file to which the public
does not have access, and the agency
places a note in the docket that it has
received it. If the FAA receives a request
to examine or copy this information, the
FAA treats it as any other request under
the Freedom of Information Act, 5
U.S.C. 552. The FAA processes such a
request under the DOT procedures
found in 49 CFR part 7.
Availability of Rulemaking Documents
You can get an electronic copy of
rulemaking documents using the
Internet by:
(1) Searching the Federal
eRulemaking portal at https://
www.regulations.gov;
(2) Visiting the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies/; or
(3) Accessing the Government
Printing Office’s Web page at https://
www.gpo.gov/fdsys/browse/
collection.action?collectionCode=FR.
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 docket and amendment
numbers of this rulemaking.
I. Background
Section 231(a)(2)(A) of the 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 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. This final rule continues the
revisions to the regulations in 14 CFR.
On July 27, 2011, the EPA proposed
new aircraft engine emission standards
for 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 ICAO.
The final rule adopting these proposals
was published on June 18, 2012 (77 FR
36342), and was effective July 18, 2012.
II. Summary of the Costs and Benefits of
the 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 to 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.
III. Discussion of This Final Rule
1. New Naming Convention
The EPA has adopted a new naming
convention, ‘‘tier,’’ in 40 CFR part 87.
The tier numbers distinguish levels of
increased stringency in the NOX
emission standards. This convention is
consistent with the numeric identifier
that the Committee on Aviation
Environmental Protection (CAEP) of
ICAO uses to differentiate the CAEP
work cycles that produce new
standards. For example, the standards
that correspond to CAEP’s sixth meeting
(CAEP/6) are identified by the EPA as
Tier 6, while the standards that
correspond to CAEP/8 are called Tier 8.
The naming convention is also being
applied to previously effective less
stringent standards, i.e., Tier 0, Tier 2,
and Tier 4. None of the previous
standards have been changed, only the
tier designation has been added in the
regulations for comparison and
consistency. The following table
identifies the various CAEP cycles and
corresponding tier naming convention.
The tier designation departs from the
previous FAA practice that described
aircraft engine emission standards as
amendments. The new designation is a
valuable tool that provides a consistent
reference to individual standards. The
FAA is adopting this naming
convention in the emission standards
contained in this final rule; the
designations appear in §§ 34.21 and
34.23.
TABLE 1—NAMING CONVENTIONS COMPARISON
CAEP meeting no. and Annex
16 amendment
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CAEP/1 Annex 16 Vol II,
Amendment 1.
CAEP/2 Annex 16
Amendment 2.
CAEP/4 Annex 16
Amendment 4.
CAEP/6 Annex 16
Amendment 5.
CAEP/8 Annex 16
Amendment 7.
Vol II,
Vol II,
Vol II,
Vol II,
Date CAEP adopted, effective, and applicable
03/4/1988, 07/31/1998, 11/17/
1988.
03/24/1993, 07/26/1993, 11/
11/1993.
02/26/1999, 07/19/1999, 11/4/
1999.
02/23/2005, 07/11/2005, 11/
24/2005.
03/4/2011, 07/18/2011, 11/17/
2011.
FAA part 34 amendments
1. NPRM cancel SFAR 27
and add FAR 34–1;.
2. 14 CFR Part 34 Amendment 2.
14 CFR Part 34 Amendment
3.
14 CFR Part 34 Amendment
4.
14 CFR Part 34 Amendment
5.
14 CFR part 34 rule promulgation
1. 08/10/1990 .........................
40 CFR part
87 tier
Tier 0.
2. 09/10/1990 .........................
3/3/1999 ..................................
Tier 2.
4/29/2009 ................................
Tier 4.
TBD (40 CFR Part 87 Effective July 18, 2012).
Tier 6.
Tier 8.
Note: The NOX standards were not amended during CAEP/3, CAEP/5, and CAEP/7 meetings and are not included in the tier designations.
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2. Changes to Part 34
This final rule adopts the same
emissions standards in part 34 as the
EPA promulgated for 40 CFR part 87.
Any differences between the appearance
of the regulations is the result of
different regulatory formats between the
two titles. No difference in the
standards or the meaning of any term is
implied nor should any difference be
presumed. In the event that a
substantive difference is identified, the
regulation in 40 CFR part 87 is
considered controlling and will be
enforced.
The FAA is not changing any of its
procedures for exemption requests
submitted under part 34. The FAA
intends to continue to work together
with the EPA to jointly consider all
exemption requests as we have in the
past.
In this document we are revising
paragraph 34.7(b) to add an additional
sentence limiting the applicability to the
requirements of § 34.21 (maintaining the
current scope after § 34.23 is added).
3. NOX Standards for Newly Certificated
Engines
Table 2 below summarizes the NOX
standards for newly certificated engines
that are adopted in this final rule, in
§ 34.23. The regulation establishes two
levels of increasingly stringent NOX
emission standards for gas turbofan
engines with maximum rated thrusts
greater than 26.7 kN. The standard
applicable to a particular engine is
based on its type certification date.
Newly certificated aircraft engines are
those that receive a new type certificate
after the effective date of the applicable
standard. The two new standards are:
a. Tier 6/CAEP 6 NOX Standards
The first set of standards is equivalent
to the NOX limits established at the
CAEP/6 meeting. This level was
originally adopted by ICAO and became
internationally applicable after
December 31, 2007. Engine
manufacturers have been producing
engines that meet Tier 6 standards even
though the standard and the marking
designation had not yet been adopted in
the United States.
Overall, Tier 6 represents an
approximate 12 percent reduction in
NOX emissions from Tier 4,
§ 34.21(d)(1)(vi). Tier 4 standards were
adopted by ICAO in 2005 with an
implementation date in 2008. The Tier
6 standard is incorporated in § 34.23(a).
Under the EPA rule, the Tier 6
standard was effective for engines
produced on and after July 18, 2012,
76845
unless otherwise covered by an
exception or exemption. These
exceptions include:
1. The production of Tier 4 engines
introduced before July 18, 2012,
(including their derivatives) through
December 31, 2012 (§ 34.23(c) and 40
CFR § 87.23(d)(1)); and
2. Up to six engines per manufacturer
produced on and after July 18, 2012 and
before August 31, 2013 (§ 34.9(b) and 40
CFR § 87.23(d)(3)). This exception is
described more fully in section 4 below.
Exemptions to the standards of part
34 must be filed under the regulatory
exemption process discussed in § 34.7
and part 11.
b. Tier 8/CAEP 8 NOX Standards
The second set of new standards is
equivalent to the CAEP/8 NOX limits
that were recommended at the February
2010 CAEP/8 meeting and applicable as
ICAO standards and recommended
practices in November 2011. These Tier
8 standards will be mandatory in the
United States for engines for which the
first individual production model is
manufactured after December 31, 2013.
Overall, Tier 8 represents an
approximate 15 percent reduction in
NOX emissions from Tier 6. The Tier 8
standard is incorporated in § 34.23(b).
TABLE 2—TIER 6 AND TIER 8 STANDARDS FOR NOX
Tier
Date
Class
Rated pressure
ratio—rPR
Rated output
rO (kN)
Tier 6 ........
Manufactured on and after July
18, 2012 and for which the
first individual production
model is manufactured on or
before December 31, 2013
(subject to regulatory exceptions).
TF, T3, T8 ...
rPR ≤ 30 ....................
26.7 < rO < 89.0 .......
38.5486 + 1.6823 (rPR) ¥
0.2453 (rO) ¥ (0.00308
(rPR) (rO))
rO > 89.0 ...................
16.72 + 1.4080 (rPR)
26.7 < rO ≤ 89.0 ........
46.1600 + 1.4286 (rPR) ¥
0.5303 (rO) + (0.00642 (rPR)
(rO))
rO > 89.0 ...................
¥1.04 + 2.0 (rPR)
rPR ≥ 82.6 .................
All ..............................
32 + 1.6 (rPR)
rPR ≤ 30 ....................
26.7 < rO < 89.0 .......
40.052 + 1.5681 (rPR) ¥
0.3615 (rO) ¥ (0.0018 (rPR)
(rO))
rO > 89.0 ...................
7.88 + 1.4080 (rPR)
26.7 < rO < 89.0 .......
41.9435 + 1.505 (rPR) ¥
0.5823 (rO) + (0.005562
(rPR) (rO))
rO > 89.0 ...................
¥9.88 + 2.0 (rPR)
All ..............................
32 + 1.6 (rPR)
30 < rPR < 82.6 ........
Tier 8 ........
First
individual
production
model manufactured after
December 31, 2013.
TF, T3, T8 ...
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30 < rPR < 104.7 ......
rPR ≥ 104.7 ...............
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
4. Standards for Engines Manufactured
On and After July 18, 2012
engines reach the end of their
production cycles.
6. Standards for Supersonic Aircraft
Turbine Engines
This final rule applies to engines that
are to be manufactured on and after July
18, 2012, the effective date for Tier 6
standards in the United States.
However, Tier 4 engines introduced
before July 18, 2012 (and their
derivatives) may continue to be
produced through December 31, 2012
without further action by the
manufacturer. In addition, § 34.9(b)
incorporates an exception that allows
each engine manufacturer to produce up
to six Tier 4 compliant engines with a
date of manufacture on and after July
18, 2012 and before August 31, 2013
that do not meet the Tier 6 standards
without further action by the
manufacturer. Engines produced under
this exception are required to meet Tier
4 standards.
The primary purpose of allowing
limited continued production of Tier 4
engines is to provide for an orderly
transition to Tier 6 standards as Tier 4
5. Spare Engines
This final rule contains carbon
monoxide (CO) and NOX emission
standards for turbine engines that are
used to propel aircraft at sustained
supersonic speeds (i.e., supersonic
aircraft). While emission standards for
these aircraft were originally adopted by
ICAO in the 1980s, the original U.S.
adoption of emission standards for
supersonic aircraft did not include CO
or NOX. The absence of U.S. standards
for these pollutants has no practical
effect because supersonic aircraft are not
allowed to fly over the continental U.S.
and no supersonic engines have been
certificated since the Olympus 593 Mk.
610–14–28 installed on the Concorde.
This certification has since been
surrendered and the engines are no
longer in production. We are adopting
CO and NOX standards that will apply
to future engine designs used on
supersonic aircraft and for
harmonization with ICAO standards.
This final rule allows for the
production of a ‘‘spare’’ engine that is
newly produced but meets the Tier 4
emission standard under which it was
certificated rather than a more stringent
standard that may be in place at the
time of production. A spare engine may
be produced as a replacement for an
engine in service, whether installed
temporarily during a repair or for
permanent use. A spare engine may not
be installed on a new aircraft. A spare
engine may have different emission
levels for individual pollutants than the
engine being replaced, as long as the
spare remains in overall compliance
with the levels required for the original
engine’s type certificate.
The standard is incorporated in
§ 34.9(a). Spare engines must be marked
in accordance with § 45.13(a)(7)(v).
TABLE 3—GASEOUS EMISSION STANDARDS FOR SUPERSONIC ENGINES
Class
Rated output
rO1 (kN)
NOX
(g/kN)
TSS ...................................................................
All ......................................................................
36 + 2.42 (rPR) .........
1 rO
4,550 (rPR) ¥1.03
is the rated output with afterburning applied.
7. Test Procedures
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CO
(g/kN)
The amended test procedures adopted
in § 34.60 are based on ICAO Annex 16,
Volume II. The amendments to Annex
16 Volume II include clarifications and
add flexibilities for engine
manufacturers. They are:
• Standardizing the terminology
relating to engine thrust/power.
• Clarifying the need to correct
measured results to standard reference
day and reference engine conditions.
• Allowing a certificating authority to
approve the use of test fuels other than
those specified during certification
testing.
• Allowing materials other than
stainless steel in the sample collection
equipment.
• Clarifying the appropriate value of
fuel flow to be used at each LTO test
point.
• Clarifying exhaust nozzle
terminology for exhaust emissions
sampling.
• Allowing an equivalent procedure
for gaseous emission and smoke
measurement if approved by the
certificating authority.
Many manufacturers are already
voluntarily complying with these
changes. The U.S. adoption of these test
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procedure amendments is unlikely to
require new action by manufacturers. To
accomplish the above changes, we have
revised § 34.60 and removed §§ 34.61
through 34.64, and 34.71. This action
eliminates subpart H of part 34, and we
have removed cross references to
subpart H in the affected sections where
they appear.
8. Definitions
In promulgating the new standards,
the EPA adopted several new
definitions for terms in its regulations.
The FAA is including seven of these
definitions in § 34.1 to avoid any
uncertainty about their meaning and
application. These definitions are
consistent with CAEP/8 usage, and the
common understanding of these terms
as used by industry. The terms and
definitions have the same scope and
meaning as they have in 40 CFR part 87.
Since the regulation includes the terms
and their definitions, they are not being
repeated here.
9. Derivative Engines
Often manufacturers will make
changes to a type certificated engine
that is in production while keeping the
same basic engine core and combustor
design. In some cases, these
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modifications may affect emissions. We
are adopting the term ‘‘derivative engine
for emissions certification purposes’’ to
distinguish an engine model for which
the emission characteristics vary from
the original type certificated engine
design, but remain within the criteria
specified in § 34.48.
The FAA has adopted the EPA’s rule
text in § 34.48 that uses the phrase
‘‘similar in design to a previously
certificated (original) engine for
purposes of compliance’’ with the
emissions standards. The FAA
understands the ‘‘original’’ to be a
previously type certificated engine for
which there is test data. That test data
will be used in determining whether the
new engine may be considered a
derivative using the criteria in § 34.48.
To qualify as a derivative engine for
emissions certification purposes, an
engine must comply with the emission
standards associated with the original
type certificated engine. The derivative
engine must have the same or similar
emission characteristics as the original
type certificated engine; the original
engine must be listed on a U.S. type
certificate issued under part 33. The
FAA will make the following
determinations regarding derivatives:
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• Whether the emission
characteristics of the modified design
are significantly different from the
original type certificated engine’s
emissions such that a demonstration of
compliance with more recent emission
standards is necessary;
• Whether the changes are minor
relative to the original type certificated
engine’s emissions, such that it may be
considered a derivative version of the
original type certificated engine model
with no emissions changes;
• Whether iterative changes made
over time resulted in a cumulative
change that reaches the point at which
a new demonstration of compliance is
warranted.
In the past, these determinations were
made for turbofan engines by an
engineering evaluation that was
performed by the engine manufacturer
and then reviewed by the FAA. The
definition of ‘‘derivative engines for
emissions certification purposes,’’ along
with the criteria for making this
determination, will provide engine
manufacturers and the FAA with more
certainty regarding emission standard
requirements for future modifications
made to certificated models. The FAA
will continue its existing practices for
determining derivatives for part 33
engine certification, expanding those
practices to make ‘‘derivative engines
for emissions certification’’
determinations under the criteria
promulgated by the EPA and adopted
here into § 34.48.
If a derivative engine is sufficiently
similar to its original type certificated
engine so as to meet the criteria
established in § 34.48, the manufacturer
may demonstrate certification
compliance and continue production of
the engine model to the same extent as
allowed for the original engine model.
However, if a derivative engine is
determined to be significantly different
than the original type certificated
engine, the manufacturer would be
required to demonstrate compliance
with the most recent emission
standards. This determination will be
made using numerical criteria
consistent with ICAO provisions. An
engine model may be considered a
derivative only if:
1. It is a modification of an engine
that received a U.S. type certificate;
2. The engine was certificated under
14 CFR part 33; and
3. One of the following conditions is
met:
• If the FAA determines that a safety
issue exists that requires an engine
modification; or
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• If emissions from the derivative
engines are equivalent to or lower than
the original type certificated engine.
This final rule provides that an engine
manufacturer may show emissions
equivalency by demonstrating that the
difference between emission rates of a
derivative engine and the original type
certificated engine are within the
following allowable ranges (unless
otherwise adjusted using good
engineering judgment as determined by
the FAA):
• ± 3.0 g/kN for NOX,
• ± 1.0 g/kN for HC,
• ± 5.0 g/kN for CO, and
• ± 2.0 SN for smoke.
This final rule also provides that an
engine model whose characteristic level
is at least 5 percent below all applicable
standards would be allowed to
demonstrate equivalency by engineering
analysis. In all other cases, the
manufacturer is required to test the new
engine model to show emission
equivalency.
10. Abbreviations
Similar to the new terms being
defined in § 34.1, certain abbreviations
have been added or corrected in § 34.2.
No separate discussion of them is
included here. We are amending the text
of §§ 34.10(a) and (b), 34.21(b) and (d),
and 34.31(b) to include the correct
notation of these abbreviations.
11. Miscellaneous
In § 34.21(b) of the current regulation,
there is a printing error. The formula for
smoke number should have included
‘‘¥0.274’’ as a superscript notation.
Instead, it was printed in regular size
text, implying a very different
mathematical calculation. Since all
other instances of the notation in
paragraphs (d) and (e) of that section are
correct, we are not aware that there has
been any misunderstanding from this
printing error, but we are correcting it
here.
The FAA is revising §§ 34.3(c) and
(d), General requirements, to eliminate
the use of the term Federal Aviation
Regulation and its abbreviation, FAR.
Neither term is correct. As regulations
are amended, the FAA is removing these
terms.
In addition, the FAA is revising
§ 34.3(d) to remove the reference to 40
CFR 87.1(c) and replacing it with a
reference to 40 CFR 87.1 as the EPA
regulation no longer uses subparagraph
designations in that section.
12. Part 45—Identification Data
The new emission standards require
the addition of new designations to
identify the status of engines at
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76847
manufacture. Section 45.13(a)(7) is
being added to include the new
designations EXEMPT NEW and
EXCEPTED SPARE. Engines are already
required to carry certain production
markings, and this amendment merely
adds the two new designations adopted
in this final rule. The use of these new
terms is required under §§ 34.7(h) and
34.9(a)(6).
IV. Regulatory Notices and Analyses
A. 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.
According to the 1995 amendments to
the Paperwork Reduction Act (5 CFR
1320.8(b)(2)(vi)), 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.
This action contains an existing
collection in use without an OMB
control number. As required by the
Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the FAA has submitted
these information collection
amendments to OMB for its review.
Summary: Under § 45.11,
manufacturers of engines are required to
mark each engine produced under a
type certificate or production certificate
by attaching a fireproof identification
plate that contains the information
specified in § 45.13. As part of the
information required, § 45.13(a)(7) states
that one of three designations (comply,
exempt and non U.S.) that indicates
compliance with the applicable exhaust
emission provisions of part 34 and 40
CFR part 87 must be included. Under
this final rule, the number of possible
designations is being increased to five
(comply, exempt, non U.S., excepted
spare and exempt new), with the new
designations having been adopted from
the determinations made at ICAO
CAEP/8.
Use: The information will be used by
purchasers, owners, operators and FAA
inspectors, periodically, to confirm that
an engine meets the exhaust emission
provisions of part 34 and 40 CFR part
87.
Respondents (including number of):
There are currently 10 engine
manufacturers that will be impacted by
this requirement.
Frequency: This is a one time burden
for each engine. The information
required will be stamped on the
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identification plate at the time of
manufacture.
Annual Burden Estimate: We estimate
that approximately 1,200 engines will
be manufactured each year by 10 engine
manufacturers and that stamping each
identification plate will require 5
minutes. The annual burden is
estimated to be 100 hours. We estimate
that it will take 5 minutes to label each
engine for an average cost of $3.75 for
labor and materials for each engine. The
total annual cost to respondents is
estimated to be $4,500.
The agency is soliciting comments
to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of collecting
information on those who are to
respond, including by using appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology.
Individuals and organizations may
send comments on the information
collection requirement to the address
listed in the ADDRESSES section at the
beginning of this preamble by March 1,
2013. Comments also should be
submitted to the Office of Management
and Budget, Office of Information and
Regulatory Affairs, Attention: Desk
Officer for FAA, New Executive
Building, Room 10202, 725 17th Street
NW., Washington, DC 20503.
B. Regulatory Evaluation
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 and
Executive Order 13563 direct 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
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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 to 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 the existing
EPA regulations. A full regulatory
evaluation is unwarranted because the
FAA is not imposing any new standards
on the aviation industry for engine
emissions or test procedures. The EPA
concluded (77 FR 36342, 36386, June
18, 2012) that its rule would impose
minimal costs to manufacturers because
the affected engines are designed for
and marketed internationally, and thus
are already being manufactured using
the ICAO standards adopted in this rule.
The FAA has made one addition to
the standards adopted by the EPA.
Previously, each affected engine had to
be marked pursuant to 14 CFR part 45
as falling under one of three engine
categories. The rule now requires that
each affected engine has to be marked
as falling under one of five engine
categories. As all affected engines had to
be marked under the previous rule,
increasing the number of categories
from three to five will not change the
number of engines that need to be
marked. The EPA rule required these
markings be effective, but the
requirement that controls engine
marking exists only in 14 CFR part 45.
Accordingly, the FAA is simply
implementing the EPA requirement. The
FAA has, therefore, determined that this
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Sfmt 4700
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.
C. 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-forprofit 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,
the test procedures for gaseous
emissions, and the different engine
categories for marking purposes. Other
than the FAA marking requirement that
involves minimal cost changes to engine
manufacturers, all of the costs
associated with this rule have been
addressed by the EPA in its rulemaking.
The EPA determined that its rule would
impose minimal costs to manufacturers
because the affected engines are
designed for and marketed
internationally, and thus are already
being manufactured using the ICAO
standards adopted in the EPA rule.
Thus, this rule has a minimal economic
impact.
Therefore, as the FAA Acting
Administrator, I certify that this rule
will not have a significant economic
impact on a substantial number of small
entities.
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D. International Trade Impact
Assessment
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 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 is not
considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such as
the protection of safety, and does 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 has assessed
the potential effect of this final rule and
determined that it is in accord with the
Trade Agreements Act, as the rule uses
the ICAO international standards as the
basis for the U.S. regulation.
E. 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 (in
1995 dollars) 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
$143.1 million in lieu of $100 million.
This final rule does not contain such a
mandate; therefore, the requirements of
Title II of the Act do not apply.
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F. International Compatibility and
Cooperation
(1) In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to 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 regulations.
(2) Executive Order 13609, Promoting
International Regulatory Cooperation,
promotes international regulatory
cooperation to meet shared challenges
involving health, safety, labor, security,
environmental, and other issues and to
reduce, eliminate, or prevent
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unnecessary differences in regulatory
requirements. The FAA has analyzed
this action under the policies and
agency responsibilities of Executive
Order 13609, and has determined that
this action would have no effect on
international regulatory cooperation.
G. Environmental Analysis
In accordance with FAA Order
1050.1E, the FAA has determined that
this action is categorically excluded
from environmental review under
section 103(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 emission standards.’’ This rule
amends the emission standards for
turbine engine powered airplanes and
certain marking requirements for
engines, to incorporate the standards
adopted by EPA based on the ICAO
standards for gaseous emissions of NOX.
Executive Order Determinations
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. Therefore, we
determined that this final rule does not
have federalism implications.
Executive Order 13211, 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, 66 FR 28355 (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.
List of Subjects
14 CFR Part 34
Air pollution control, Aircraft,
Incorporation by reference.
14 CFR Part 45
Aircraft, marking, identification data.
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The Amendments
In consideration of the foregoing, the
Federal Aviation Administration
amends Chapter I of Title 14 Code of
Federal Regulations as follows:
PART 34—FUEL VENTING AND
EXHAUST EMISSION REQUIREMENTS
FOR TURBINE ENGINE POWERED
AIRPLANES
1. The authority citation for part 34 is
revised to read as follows:
■
Authority: 42 U.S.C 4321 et seq., 7572l 49
U.S.C. 106(g), 40113, 44701–44702, 44704,
44714
Subpart A—[Amended]
2. In § 34.1, add in alphabetical order,
the definitions for the terms
‘‘Characteristic level’’, ‘‘Derivative
engine for emissions certification
purposes’’, ‘‘Excepted’’, ‘‘Exempt’’,
‘‘Introduction date’’, and ‘‘Tier’’, and
revise the definitions of ‘‘Commercial
aircraft engine’’, ‘‘Rated output (rO),’’
and ‘‘Rated pressure ratio (rPR)’’ to read
as follows:
■
§ 34.1
Definitions.
*
*
*
*
*
Characteristic level has the meaning
given in Appendix 6 of ICAO Annex 16
as of July 2008. The characteristic level
is a calculated emission level for each
pollutant based on a statistical
assessment of measured emissions from
multiple tests.1
*
*
*
*
*
Commercial aircraft engine means
any aircraft engine used or intended for
use by an ‘‘air carrier’’ (including those
engaged in ‘‘intrastate air
transportation’’) or a ‘‘commercial
operator’’ (including those engaged in
‘‘intrastate air transportation’’) as these
terms are defined in Title 49 of the
United States Code and Title 14 of the
Code of Federal Regulations.
*
*
*
*
*
Derivative engine for emissions
certification purposes means an engine
that has the same or similar emissions
characteristics as an engine covered by
a U.S. type certificate issued under 14
1 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 ICAO,
Document Sales Unit, 999 University Street,
Montreal, Quebec H3C 5H7, Canada, phone +1 514–
954–8022, or www.icao.int or sales@icao.int. 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: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
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CFR part 33. These characteristics are
specified in § 34.48.
*
*
*
*
*
Excepted, as used in § 34.9, means an
engine that may be produced and sold
that does not meet otherwise applicable
standards. Excepted engines must
conform to regulatory conditions
specified for an exception in § 34.9.
Excepted engines are subject to the
standards of this part even though they
are not required to comply with the
otherwise applicable requirements.
Engines excepted with respect to certain
standards must comply with other
standards from which they are not
specifically excepted.
Exempt means an engine that does not
meet certain applicable standards but
may be produced and sold under the
terms allowed by a grant of exemption
issued pursuant to § 34.7 of this part
and part 11 of this chapter. Exempted
engines must conform to regulatory
conditions specified in the exemption as
well as other applicable regulations.
Exempted engines are subject to the
standards of this part even though they
are not required to comply with the
otherwise applicable requirements.
Engines exempted with respect to
certain standards must comply with
other standards as a condition of the
exemption.
*
*
*
*
*
Introduction date means the date of
manufacture of the first individual
production engine of a given engine
model or engine type certificate family
to be certificated. Neither test engines
nor engines not placed into service
affect this date.
*
*
*
*
*
Rated output (rO) means the
maximum power/thrust available for
takeoff at standard day conditions as
approved for the engine by the Federal
Aviation Administration, including
reheat contribution where applicable,
but excluding any contribution due to
water injection, expressed in kilowatts
or kilonewtons (as applicable), rounded
to at least three significant figures.
Rated pressure ratio (rPR) means the
ratio between the combustor inlet
pressure and the engine inlet pressure
achieved by an engine operation at rated
output, rounded to at least three
significant figures.
*
*
*
*
*
Tier, as used in this part, is a
designation related to the NOX emission
standard for the engine as specified in
§ 34.21 or § 34.23 of this part (e.g., Tier
0).
■ 3. In § 34.2, remove the abbreviation
for the term ‘‘W Watt(s)’’ and add the
abbreviations for the terms ‘‘Carbon
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dioxide’’, ‘‘Gram(s)’’, ‘‘Kilonewton(s)’’,
‘‘Kilowatt(s)’’, and ‘‘Pound(s)’’ to read as
follows:
§ 34.2
*
Abbreviations.
*
*
*
*
CO2 Carbon dioxide
*
*
*
*
*
g Gram(s)
*
*
*
*
*
kN Kilonewton(s)
kW Kilowatt(s)
lb Pound(s)
*
*
*
*
*
■ 4. In § 34.3, revise paragraphs (c) and
(d) to read as follows:
§ 34.3
General requirements.
*
*
*
*
*
(c) U.S. airplanes. This part applies to
civil airplanes that are powered by
aircraft gas turbine engines of the
classes specified herein and that have
U.S. standard airworthiness certificates.
(d) Foreign airplanes. Pursuant to the
definition of ‘‘aircraft’’ in 40 CFR 87.1,
this regulation applies to civil airplanes
that are powered by aircraft gas turbine
engines of the classes specified herein
and that have foreign airworthiness
certificates that are equivalent to U.S.
standard airworthiness certificates. This
regulation applies only to those foreign
civil airplanes that, if registered in the
United States, would be required by
applicable regulations to have a U.S.
standard airworthiness certificate in
order to conduct the operations
intended for the airplane. Pursuant to 40
CFR 87.3(c), this regulation does not
apply where it would be inconsistent
with an obligation assumed by the
United States to a foreign country in a
treaty, convention, or agreement.
■ 5. In § 34.7, amend paragraph (b) by
adding a sentence at the end of the
paragraph and by revising paragraph (d)
to read as follows:
§ 34.7
Exemptions.
*
*
*
*
*
(b) * * * This exemption is limited to
the requirements of § 34.21 only.
*
*
*
*
*
(d) Applicants seeking exemption
from other emissions standards of this
part and 40 CFR part 87. Applicants
must request exemption from both the
FAA and the EPA, even where the
underlying regulatory requirements are
the same. The FAA and EPA will jointly
consider such exemption requests, and
will assure consistency in the respective
agency determinations.
*
*
*
*
*
■ 6. Add § 34.9 to read as follows:
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
§ 34.9
Exceptions.
(a) Spare engines. Certain engines that
meet the following description are
excepted:
(1) This exception allows production
of an engine for installation on an inservice aircraft. A spare engine may not
be installed on a new aircraft.
(2) Each spare engine must be
identical to a sub-model previously
certificated to meet all applicable
requirements.
(3) A spare engine may be used only
when the emissions of the spare do not
exceed the certification requirements of
the original engine, for all regulated
pollutants.
(4) No separate approval is required to
produce spare engines.
(5) The record for each engine
excepted under this paragraph (c) must
indicate that the engine was produced
as an excepted spare engine.
(6) Engines produced under this
exception must be labeled ‘‘EXCEPTED
SPARE’’ in accordance with § 45.13 of
this chapter.
(b) On and after July 18, 2012, and
before August 31, 2013, a manufacturer
may produce up to six Tier 4 compliant
engines that meet the NOX standards of
paragraph (d)(1)(vi) of this section rather
than § 34.23(a)(2). No separate approval
is required to produce these engines.
Engines produced under this exception
are to be labeled ‘‘COMPLY’’ in
accordance with § 45.13 of this chapter.
Subpart B—Engine Fuel Venting
Emissions (New and In-Use Aircraft
Gas Turbine Engines)
■
7. Revise § 34.10 to read as follows:
§ 34.10
Applicability.
(a) The provisions of this subpart are
applicable to all new aircraft gas turbine
engines of classes T3, T8, TSS, and TF
equal to or greater than 36 kN (8,090 lb)
rated output, manufactured on or after
January 1, 1974, and to all in-use aircraft
gas turbine engines of classes T3, T8,
TSS, and TF equal to or greater than 36
kN (8,090 lb) rated output manufactured
after February 1, 1974.
(b) The provisions of this subpart are
also applicable to all new aircraft gas
turbine engines of class TF less than 36
kN (8,090 lb) rated output and class TP
manufactured on or after January 1,
1975, and to all in-use aircraft gas
turbine engines of class TF less than 36
kN (8,090 lb) rated output and class TP
manufactured after January 1, 1975.
E:\FR\FM\31DER1.SGM
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
Subpart C—Exhaust Emissions (New
Aircraft Gas Turbine Engines)
8. In § 34.21, revise paragraphs (b),
(d), (e), and (f), and add paragraph (g) to
read as follows:
■
§ 34.21
Standards for exhaust emission.
*
*
*
*
*
(b) Exhaust emissions of smoke from
each new aircraft gas turbine engine of
class TF and of rated output of 129 kN
(29,000 lb) thrust or greater,
manufactured on or after January 1,
1976, shall not exceed
SN = 83.6 (rO) ¥0.274 (rO is in kN).
*
*
*
*
*
(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 kN (6,000 lb) rated
output:
(i) Engines manufactured on or after
January 1, 1984:
Hydrocarbons: 19.6 g/kN rO.
(ii) Engines manufactured on or after
July 7, 1997:
Carbon Monoxide: 118 g/kN 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 (Tier 2):
Oxides of Nitrogen: (40+2(rPR)) g/kN
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 (Tier 2):
Oxides of Nitrogen: (32+1.6(rPR)) g/kN
rO.
(v) The emission standards prescribed
in paragraphs (d)(1)(iii) and (iv) of this
section apply as prescribed beginning
July 7, 1997.
(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
(Tier 4):
(A) That have a rated pressure ratio of
30 or less and a maximum rated output
greater than 89 kN:
Oxides of Nitrogen: (19 + 1.6(rPR)) g/kN
rO.
(B) That have a rated pressure ratio of
30 or less and a maximum rated output
greater than 26.7 kN but not greater than
89 kN:
Oxides of Nitrogen: (37.572 + 1.6(rPR)
¥ 0.2087(rO)) g/kN rO.
(C) That have a rated pressure ratio
greater than 30 but less than 62.5, and
a maximum rated output greater than 89
kN:
Oxides of Nitrogen: (7 + 2(rPR)) g/kN
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 kN but not greater than 89 kN:
Oxides of Nitrogen: (42.71 + 1.4286(rPR)
¥ 0.4013(rO) + 0.00642(rPR × rO))
g/kN rO.
(E) That have a rated pressure ratio of
62.5 or more:
Oxides of Nitrogen: (32 + 1.6(rPR)) g/kN
rO.
(2) For Class TSS Engines
manufactured on or after January 1,
1984:
Hydrocarbons: 140 (0.92)rPR g/kN rO.
(e) Smoke exhaust emissions from
each gas turbine engine of the classes
specified below shall not exceed:
(1) For Class TF of rated output less
than 26.7 kN (6,000 lb) manufactured on
or after August 9, 1985:
SN = 83.6(rO) ¥0.274 (rO is in kN) not to
exceed a maximum of SN = 50.
(2) For Classes T3, T8, TSS, and TF
of rated output equal to or greater than
26.7 kN (6,000 lb) manufactured on or
after January 1, 1984:
SN = 83.6(rO) ¥0.274 (rO is in kN) not to
exceed a maximum of SN = 50.
(3) For Class TP of rated output equal
to or greater than 1,000 kW
manufactured on or after January 1,
1984:
SN = 187(rO) ¥0.168 (rO is in kW).
(f) The standards set forth in
paragraphs (a), (b), (c), (d), and (e) of
this section refer to a composite gaseous
emission sample representing the
operation cycles and exhaust smoke
76851
emission emitted during operation of
the engine as specified in the applicable
sections of subpart G of this part, and
measured and calculated in accordance
with the procedures set forth in subpart
G.
(g) Where a gaseous emission
standard is specified by a formula,
calculate and round the standard to
three significant figures or to the nearest
0.1 g/kN (for standards at or above 100
g/kN). Where a smoke standard is
specified by a formula, calculate and
round the standard to the nearest 0.1
SN. Engines comply with an applicable
standard if the testing results show that
the engine type certificate family’s
characteristic level does not exceed the
numerical level of that standard, as
described in § 34.60.
■ 9. Add § 34.23 to read as follows:
§ 34.23 Exhaust Emission Standards for
Engines Manufactured On and After July 18,
2012.
The standards of this section apply to
aircraft engines manufactured on and
after July 18, 2012, unless otherwise
exempted or excepted. Where a gaseous
emission standard is specified by a
formula, calculate and round the
standard to three significant figures or to
the nearest 0.1 g/kN (for standards at or
above 100 g/kN). Where a smoke
standard is specified by a formula,
calculate and round the standard to the
nearest 0.1 SN. Engines comply with an
applicable standard if the testing results
show that the engine type certificate
family’s characteristic level does not
exceed the numerical level of that
standard, as described in § 34.60.
(a) Gaseous exhaust emissions from
each new aircraft gas turbine engine
shall not exceed:
(1) For Classes TF, T3 and T8 of rated
output less than 26.7 kN (6,000 lb)
manufactured on and after July 18,
2012:
SN = 83.6(rO) ¥0.274 or 50.0, whichever
is smaller
(2) Except as provided in §§ 34.9(b)
and 34.21(c), for Classes TF, T3 and T8
engines manufactured on and after July
18, 2012, and for which the first
individual production model was
manufactured on or before December 31,
2013 (Tier 6):
TIER 6 OXIDES OF NITROGEN EMISSION STANDARDS FOR SUBSONIC ENGINES
ebenthall on DSK5TPTVN1PROD with
Class
Rated pressure ratio—rPR
Rated output rO (kN)
NOX (g/kN)
TF, T3, T8 ........
rPR ≤ 30 .................................
26.7 < rO < 89.0 .....................
38.5486 + 1.6823 (rPR) ¥ 0.2453 (rO) ¥ (0.00308 (rPR)
(rO))
rO > 89.0 ................................
16.72 + 1.4080 (rPR)
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01:38 Dec 29, 2012
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Fmt 4700
Sfmt 4700
E:\FR\FM\31DER1.SGM
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76852
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
TIER 6 OXIDES OF NITROGEN EMISSION STANDARDS FOR SUBSONIC ENGINES—Continued
Class
Rated pressure ratio—rPR
Rated output rO (kN)
NOX (g/kN)
30 < rPR < 82.6 .....................
26.7 < rO ≤ 89.0 .....................
46.1600 + 1.4286 (rPR) ¥ 0.5303 (rO) + (0.00642 (rPR)
(rO))
rO > 89.0 ................................
¥1.04 + 2.0 (rPR)
All ............................................
32 + 1.6 (rPR)
rPR ≥ 82.6 ..............................
(3) Engines exempted from paragraph
(a)(2) of this section produced on or
before December 31, 2016 must be
labeled ‘‘EXEMPT NEW’’ in accordance
with § 45.13 of this chapter. No
exemptions to the requirements of
paragraph (a)(2) of this section will be
granted after December 31, 2016.
(4) For Class TSS Engines
manufactured on and after July 18,
2012:
GASEOUS EMISSION STANDARDS FOR SUPERSONIC ENGINES
Class
Rated output
rO 1 (kN)
NOX
(g/kN)
TSS ...................................................................
All ......................................................................
36 + 2.42 (rPR) .........
1 rO
CO
(g/kN)
4,550 (rPR) ¥1.03
is the rated output with afterburning applied.
(b) Gaseous exhaust emissions from
each new aircraft gas turbine engine
shall not exceed:
(1) For Classes TF, T3 and T8 engines
of a type or model of which the first
individual production model was
manufactured after December 31, 2013
(Tier 8):
TIER 8 OXIDES OF NITROGEN EMISSION STANDARDS FOR SUBSONIC ENGINES
Class
Rated pressure ratio—rPR
Rated output
rO (kN)
NOx
(g/kN)
TF, T3, T8 ........
rPR ≤ 30 .................................
26.7 < rO < 89.0 .....................
40.052 + 1.5681 (rPR) ¥ 0.3615 (rO) ¥ (0.0018 (rPR) (rO))
rO > 89.0 ................................
7.88 + 1.4080 (rPR)
26.7 < rO < 89.0 .....................
41.9435 + 1.505 (rPR) ¥ 0.5823 (rO) + (0.005562 (rPR)
(rO))
rO > 89.0 ................................
¥9.88 + 2.0 (rPR)
All ............................................
32 + 1.6 (rPR)
30 < rPR < 104.7 ...................
rPR ≥ 104.7 ............................
(c) Engines (including engines that are
determined to be derivative engines for
the purposes of emission certification)
type certificated with characteristic
levels at or below the NOX standards of
§ 34.21(d)(1)(vi) of this part (as
applicable based on rated output and
rated pressure ratio) and introduced
before July 18, 2012, may be produced
through December 31, 2012, without
meeting the NOX standard of paragraph
(a)(2) of this section.
(c) The standards set forth in
paragraphs (a) and (b) of this section
refer to exhaust smoke emission emitted
during operation of the engine as
specified in the applicable sections of
subpart G of this part, and measured
and calculated in accordance with the
procedures set forth in subpart G.
10. In § 34.31, revise paragraphs (b)
and (c) to read as follows:
§ 34.48 Derivative engines for emissions
certification purposes.
■
§ 34.31
Standards for exhaust emissions.
ebenthall on DSK5TPTVN1PROD with
*
*
*
*
*
(b) Exhaust emissions of smoke from
each in-use aircraft gas turbine engine of
Class TF and of rated output of 129 kN
(29,000 lb) thrust or greater, beginning
January l, 1976, shall not exceed
SN=83.6(rO) ¥0.274 (rO is in kN).
VerDate Mar<15>2010
01:38 Dec 29, 2012
Jkt 229001
Subpart E—Certification Provisions
■
11. Add § 34.48 to read as follows:
(a) General. A derivative engine for
emissions certification purposes is an
engine configuration that is determined
to be similar in design to a previously
certificated (original) engine for
purposes of compliance with exhaust
emissions standards (gaseous and
smoke). A type certificate holder may
request from the FAA a determination
that an engine configuration is
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
considered a derivative engine for
emissions certification purposes. To be
considered a derivative engine for
emission purposes under this part, the
configuration must have been derived
from the original engine that was
certificated to the requirements of part
33 of this chapter and one of the
following:
(1) The FAA has determined that a
safety issue exists that requires an
engine modification.
(2) Emissions from the derivative
engines are determined to be similar. In
general, this means the emissions must
meet the criteria specified in paragraph
(b) of this section. The FAA may amend
the criteria of paragraph (b) in unusual
circumstances, for individual cases,
consistent with good engineering
judgment.
(3) All of the regulated emissions from
the derivative engine are lower than the
original engine.
E:\FR\FM\31DER1.SGM
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
(b) Emissions similarity. (1) The type
certificate holder must demonstrate that
the proposed derivative engine model’s
emissions meet the applicable standards
and differ from the original model’s
emission rates only within the following
ranges:
(i) ± 3.0 g/kN for NOX.
(ii) ± 1.0 g/kN for HC.
(iii) ± 5.0 g/kN for CO.
(iv) ± 2.0 SN for smoke.
(2) If the characteristic level of the
original certificated engine model (or
any other sub-models within the
emission type certificate family tested
for certification) before modification is
at or above 95% of the applicable
standard for any pollutant, an applicant
must measure the proposed derivative
engine model’s emissions for all
pollutants to demonstrate that the
derivative engine’s resulting
characteristic levels will not exceed the
applicable emission standards. If the
characteristic levels of the originally
certificated engine model (and all other
sub-models within the emission type
certificate family tested for certification)
are below 95% of the applicable
standard for each pollutant, the
applicant may use engineering analysis
consistent with good engineering
judgment to demonstrate that the
derivative engine will not exceed the
applicable emission standards. The
engineering analysis must address all
modifications from the original engine,
including those approved for previous
derivative engines.
(c) Continued production allowance.
Derivative engines for emissions
certification purposes may continue to
be produced after the applicability date
for new emissions standards when the
engines conform to the specifications of
this section.
(d) Non-derivative engines. If the FAA
determines that an engine model does
not meet the requirements for a
derivative engine for emissions
certification purposes, the type
certificate holder is required to
demonstrate that the engine complies
with the emissions standards applicable
to a new engine type.
Subpart G—Test Procedures for
Engine Exhaust Gaseous Emissions
(Aircraft and Aircraft Gas Turbine
Engines)
■
12. Revise § 34.60 to read as follows:
§ 34.60
Introduction.
(a) Use the equipment and procedures
specified in Appendix 3, Appendix 5,
and Appendix 6 of ICAO Annex 16, as
applicable, to demonstrate whether
engines meet the applicable gaseous
emission standards specified in subpart
C of this part. Measure the emissions of
all regulated gaseous pollutants. Use the
equipment and procedures specified in
Appendix 2 and Appendix 6 of ICAO
Annex 16 to determine whether engines
meet the applicable smoke standard
specified in subpart C of this part. The
compliance demonstration consists of
establishing a mean value from testing
the specified number of engines, then
calculating a ‘‘characteristic level’’ by
applying a set of statistical factors that
take into account the number of engines
tested. Round each characteristic level
to the same number of decimal places as
the corresponding emission standard.
For turboprop engines, use the
procedures specified for turbofan
engines, consistent with good
engineering judgment.
76853
(b) Use a test fuel that meets the
specifications described in Appendix 4
of ICAO Annex 16. The test fuel must
not have additives whose purpose is to
suppress smoke, such as organometallic
compounds.
(c) Prepare test engines by including
accessories that are available with
production engines if they can
reasonably be expected to influence
emissions. The test engine may not
extract shaft power or bleed service air
to provide power to auxiliary gearboxmounted components required to drive
aircraft systems.
(d) Test engines must reach a steady
operating temperature before the start of
emission measurements.
(e) In consultation with the EPA, the
FAA may approve alternative
procedures for measuring emissions,
including testing and sampling
methods, analytical techniques, and
equipment specifications that differ
from those specified in this part.
Manufacturers and operators may
request approval of alternative
procedures by written request with
supporting justification to the FAA
Aircraft Certification Office and to the
Designated EPA Program Officer. To be
approved, one of the following
conditions must be met:
(1) The engine cannot be tested using
the specified procedures; or
(2) The alternative procedure is
shown to be equivalent to, or more
accurate or precise than, the specified
procedure.
(f) The following landing and takeoff
(LTO) cycles apply for emissions testing
and for calculating weighted LTO
values:
LTO TEST CYCLES AND TIME IN MODE
Class
Mode
TP
TIM (min)
ebenthall on DSK5TPTVN1PROD with
Taxi/idle ............................................................................
Takeoff .............................................................................
Climbout ...........................................................................
Descent ............................................................................
Approach ..........................................................................
(g) Engines comply with an applicable
standard if the testing results show that
the engine type certificate family’s
characteristic level does not exceed the
numerical level of that standard, as
described in the applicable appendix of
Annex 16.
(h) The system and procedure for
sampling and measurement of gaseous
VerDate Mar<15>2010
01:38 Dec 29, 2012
Jkt 229001
26.0
0.5
2.5
NA
4.5
TF, T3, T8
% of rO
TIM (min)
7
100
90
NA
30
emissions shall be as specified by in
Appendices 2, 3, 4, 5 and 6 to the
International Civil Aviation
Organization (ICAO) Annex 16,
Environmental Protection, Volume II,
Aircraft Engine Emissions, Third
Edition, July 2008. This incorporation
by reference was approved by the
Director of the Federal Register in
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
26.0
0.7
2.2
NA
4.0
TSS
% of rO
7
100
85
NA
30
TIM (min)
26.0
1.2
2.0
1.2
2.3
% of rO
5.8
100
65
15
34
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. This document can be
obtained from the ICAO, Document
Sales Unit, 999 University Street,
Montreal, Quebec H3C 5H7, Canada,
phone +1 514–954–8022, or
www.icao.int or sales@icao.int. Copies
can be reviewed at the FAA New
England Regional Office, 12 New
E:\FR\FM\31DER1.SGM
31DER1
76854
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
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: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
that accompanies the engine from the
time of its manufacture.
*
*
*
*
*
Issued in Washington, DC, on December
14, 2012.
Michael P. Huerta,
Acting Administrator.
[FR Doc. 2012–31109 Filed 12–28–12; 8:45 am]
BILLING CODE 4910–13–P
§§ 34.61–34.64
[Reserved]
13. Remove and reserve §§ 34.61–
34.64.
■
§ 34.71
■
SECURITIES AND EXCHANGE
COMMISSION
[Reserved]
17 CFR Part 275
14. Remove and reserve § 34.71.
[Release No. IA–3522; File No. S7–23–07]
Subpart H—[Removed]
RIN 3235–AL28
15. Remove subpart H, consisting of
§§ 34.80 through 34.89.
■
Temporary Rule Regarding Principal
Trades With Certain Advisory Clients
PART 45—IDENTIFICATION AND
REGISTRATION MARKING
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
16. The authority citation for part 45
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113–
40114, 44101–44105, 44107–44111, 44504,
44701, 44708–44709, 44711–44713, 44725,
45302–45303, 46104, 46304, 46306, 47122.
Subpart B—Identification of Aircraft
and Related Products
17. In § 45.13, revise paragraph (a)(7)
introductory text and add paragraphs
(a)(7)(iv) and (a)(7)(v) to read as follows:
■
ebenthall on DSK5TPTVN1PROD with
§ 45.13
Identification data.
(a) * * *
(7) On or after January 1, 1984, for
aircraft engines specified in part 34 of
this chapter, the date of manufacture as
defined in § 34.1 of this chapter, and a
designation, approved by the FAA, that
indicates compliance with the
applicable exhaust emission provisions
of part 34 of this chapter and 40 CFR
part 87. Approved designations include
COMPLY, EXEMPT, and NON–US, as
appropriate. After December 31, 2012,
approved designations also include
EXEMPT NEW, and EXCEPTED SPARE,
as appropriate.
*
*
*
*
*
(iv) The designation EXEMPT NEW
indicates that the engine has been
granted an exemption pursuant to the
applicable provision of § 34.7(h) of this
chapter; the designation must be noted
in the permanent powerplant record
that accompanies the engine from the
time of its manufacture.
(v) The designation EXCEPTED
SPARE indicates that the engine has
been excepted pursuant to the
applicable provision of § 34.9(b) of this
chapter; the designation must be noted
in the permanent powerplant record
VerDate Mar<15>2010
01:38 Dec 29, 2012
Jkt 229001
The Securities and Exchange
Commission is amending rule 206(3)–3T
under the Investment Advisers Act of
1940, a temporary rule that establishes
an alternative means for investment
advisers who are registered with the
Commission as broker-dealers to meet
the requirements of section 206(3) of the
Investment Advisers Act when they act
in a principal capacity in transactions
with certain of their advisory clients.
The amendment extends the date on
which rule 206(3)–3T will sunset from
December 31, 2012 to December 31,
2014.
DATES: The amendments in this
document are effective December 28,
2012 and the expiration date for 17 CFR
275.206(3)–3T is extended to December
31, 2014.
FOR FURTHER INFORMATION CONTACT:
Melissa S. Gainor, Attorney-Adviser,
Vanessa M. Meeks, Attorney-Adviser,
Sarah A. Buescher, Branch Chief, or
Daniel S. Kahl, Assistant Director, at
(202) 551–6787 or IArules@sec.gov,
Office of Investment Adviser
Regulation, Division of Investment
Management, U.S. Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC 20549–8549.
SUPPLEMENTARY INFORMATION: The
Securities and Exchange Commission is
adopting an amendment to temporary
rule 206(3)–3T [17 CFR 275.206(3)–3T]
under the Investment Advisers Act of
1940 [15 U.S.C. 80b] that extends the
date on which the rule will sunset from
December 31, 2012 to December 31,
2014. Note that previous related releases
used RIN 3235–AJ96. (See Temporary
Rule Regarding Principal Trades with
SUMMARY:
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
Certain Advisory Clients, Investment
Advisers Act Release No. 2653 (Sep. 24,
2007) [72 FR 55022 (Sep. 28, 2007)];
Temporary Rule Regarding Principal
Trades with Certain Advisory Clients,
Investment Advisers Act Release No.
2965 (Dec. 23, 2009) [74 FR 69009 (Dec.
30, 2009)]; Temporary Rule Regarding
Principal Trades with Certain Advisory
Clients, Investment Advisers Act
Release No. 2965A (Dec. 31, 2009) [75
FR 742 (Jan. 6, 2010)]; Temporary Rule
Regarding Principal Trades with Certain
Advisory Clients, Investment Advisers
Act Release No. 3118 (Dec. 1, 2010) [75
FR 75650 (Dec. 6, 2010)]; Temporary
Rule Regarding Principal Trades with
Certain Advisory Clients, Investment
Advisers Act Release No. 3128 (Dec. 28,
2010) [75 FR 82236 (Dec. 30, 2010)];
Temporary Rule Regarding Principal
Trades with Certain Advisory Clients,
Investment Advisers Act Release No.
3483 (October 9, 2012), [77 FR 62185
(October 12, 2012)].)
I. Background
On September 24, 2007, we adopted,
on an interim final basis, rule 206(3)–
3T, a temporary rule under the
Investment Advisers Act of 1940 (the
‘‘Advisers Act’’) that provides an
alternative means for investment
advisers that are registered with us as
broker-dealers to meet the requirements
of section 206(3) of the Advisers Act
when they act in a principal capacity in
transactions with certain of their
advisory clients.1 In December 2009, we
extended the rule’s sunset date by one
year to December 31, 2010.2 In
December 2010, we further extended the
rule’s sunset date by two years to
December 31, 2012.3 We deferred final
action on rule 206(3)–3T at that time in
1 Rule 206(3)–3T [17 CFR 275.206(3)–3T]. All
references to rule 206(3)–3T and the various
sections thereof in this release are to 17 CFR
275.206(3)–3T and its corresponding sections. See
also Temporary Rule Regarding Principal Trades
with Certain Advisory Clients, Investment Advisers
Act Release No. 2653 (Sep. 24, 2007) [72 FR 55022
(Sep. 28, 2007)] (‘‘2007 Principal Trade Rule
Release’’).
2 See Temporary Rule Regarding Principal Trades
with Certain Advisory Clients, Investment Advisers
Act Release No. 2965 (Dec. 23, 2009) [74 FR 69009
(Dec. 30, 2009)] (‘‘2009 Extension Release’’);
Temporary Rule Regarding Principal Trades with
Certain Advisory Clients, Investment Advisers Act
Release No. 2965A (Dec. 31, 2009) [75 FR 742 (Jan.
6, 2010)] (making a technical correction to the 2009
Extension Release).
3 See Temporary Rule Regarding Principal Trades
with Certain Advisory Clients, Investment Advisers
Act Release No. 3118 (Dec. 1, 2010) [75 FR 75650
(Dec. 6, 2010)] (proposing a two-year extension of
rule 206(3)–3T’s sunset date) (‘‘2010 Extension
Proposing Release’’); Temporary Rule Regarding
Principal Trades with Certain Advisory Clients,
Investment Advisers Act Release No. 3128 (Dec. 28,
2010) [75 FR 82236 (Dec. 30, 2010)] (‘‘2010
Extension Release’’).
E:\FR\FM\31DER1.SGM
31DER1
]]>Agencies
[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76842-76854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31109]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 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; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action amends the emission standards for turbine engine
powered airplanes to incorporate the standards promulgated by the
United States Environmental Protection Agency (EPA) on June 18, 2012.
This amendment fulfills the FAA's requirements under the Clean Air Act
Amendments of 1970 to issue regulations ensuring compliance with the
EPA standards. This action revises the standards for oxides of nitrogen
and test procedures for exhaust emissions based on International Civil
Aviation Organization standards, and for the identification and marking
requirements for engines.
DATES: Effective December 31, 2012. Affected parties, however, are not
required to comply with the information collection requirement in Sec.
45.11 until the Office of Management and Budget (OMB) approves the
collection and assigns a control number under the Paperwork Reduction
Act of 1995. The FAA will publish in the Federal Register a notice of
the control number assigned by the Office of Management and Budget
(OMB) for this information collection requirement.
The incorporation by reference of certain publications listed in
the rule is approved by the Director of the Federal Register as of
December 31, 2012.
Submit comments on or before March 1, 2013.
ADDRESSES: You may send comments identified by Docket Number FAA-
[[Page 76843]]
2012-1333 using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov and
follow the instructions for sending your comments electronically.
Mail: Send comments to Docket Operations, U.S. Department
of Transportation, 1200 New Jersey Avenue SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590.
Fax: Fax comments to Docket Operations at 202-493-2251.
Hand Delivery: Take comments to Docket Operations in Room
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holiday.
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 Aimee.Fisher@faa.gov.
For legal questions concerning this rule 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 Karen.Petronis@faa.gov.
SUPPLEMENTARY INFORMATION:
Good Cause for Immediate Adoption
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency for ``good cause'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking.
In July 2011, the United States Environmental Protection Agency
(EPA) proposed new aircraft engine emission standards for oxides of
nitrogen (NOX), compliance flexibilities, and other
regulatory requirements applicable to aircraft turbofan or turbojet
engines with rated thrusts greater than 26.7 kilonewtons (kN) (76 FR
45012, July 27, 2011). The final rule adopting these proposals was
published in the Federal Register on June 18, 2012 (77 FR 36342). The
public had an opportunity to comment on the EPA's proposed rule, and
the comments received were addressed in the EPA's final rule.
Section 232 of the Clean Air Act Amendments of 1970 (CAA) (42
U.S.C. 7572) directs the FAA to prescribe regulations to ensure
compliance with the EPA's aircraft emission standards. The FAA is
amending 14 CFR parts 34 and 45 to incorporate the changes promulgated
by the EPA in the emission standards and the associated engine marking
requirements. The FAA is not adopting any standards or requirements
different from those promulgated by the EPA. Accordingly, the FAA finds
that further public comment on these standards prior to promulgation is
unnecessary, and that further delay in making the regulations
consistent would be contrary to the public interest.
Section 553(d)(3) of the Administrative Procedure Act requires that
agencies publish a rule not less than 30 days before its effective
date, except as otherwise provided by the agency for good cause found
and published with the rule.
This rule, as previously adopted by the EPA, contains a production
cutoff date of December 31, 2012. In addition, it contains a new
production marking requirement that is effective on aircraft engines
produced after December 31. In order to give manufacturers the maximum
amount of time to adjust their processes to these requirements, the FAA
finds that good cause exists to make this rule effective in less than
30 days.
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. Under Section 232 of the CAA (42
U.S.C. 7571), the FAA is directed to prescribe regulations to ensure
compliance with the standards prescribed by the EPA under Sec. 7571,
including making such standards applicable in the issuance, amendment,
modification, suspension, or revocation of any certificate authorized
by part A of subtitle VII of title 49. These regulations are within the
scope of that authority, as the FAA is adopting the standards
promulgated by the EPA and making them applicable to aircraft engine
type certificates issued under the FAA's Title 49 authority.
Comments Invited
For the reasons noted above, the FAA is adopting this final rule
without prior notice and public comment. The Regulatory Policies and
Procedures of the Department of Transportation (DOT) (44 FR 1134;
February 26, 1979) provide that, to the maximum extent possible,
operating administrations for the DOT should provide an opportunity for
public comment on regulations issued without prior notice.
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the changes. The
most helpful comments reference a specific portion of this rule,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments, please
send only one copy of written comments, or if you are filing comments
electronically, please submit your comments only one time.
The FAA will file in the docket all comments we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this rulemaking. Once the comment period closes, the FAA
will review and dispose of the comments filed in the rulemaking docket.
Because this is a final rule, the FAA will publish a disposition of
comments in the Federal Register. Based on the comments received, the
FAA will state whether it has decided that (i) no action is necessary
other than publishing the disposition of comments in the Federal
Register, or (ii) the FAA should prepare a revised final rule.
Privacy: We will post all comments we receive, without change to
www.regulations.gov, including any personal information you provide.
Using the search function of our docket Web site, anyone can find and
read the comments received into any of our dockets, including the name
of the individual sending the comment (or signing the comment for an
association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit DocketsInfo.dot.gov.
Docket: To read background documents or comments received, go to
regulations.gov at any time or to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
[[Page 76844]]
Proprietary or Confidential Business Information
Do not file in the docket information that you consider to be
proprietary or confidential business information. Send or deliver this
information directly to the person identified in the FOR FURTHER
INFORMATION CONTACT section of this document. Mark the information that
is considered proprietary or confidential. If the information is on a
disk or CD ROM, mark the outside of the disk or CD ROM and also
identify electronically within the disk or CD ROM the specific
information that is proprietary or confidential.
Under Sec. 11.35(b), when the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. The FAA holds it in a separate file to which the public does
not have access, and the agency places a note in the docket that it has
received it. If the FAA receives a request to examine or copy this
information, the FAA treats it as any other request under the Freedom
of Information Act, 5 U.S.C. 552. The FAA processes such a request
under the DOT procedures found in 49 CFR part 7.
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by:
(1) Searching the Federal eRulemaking portal at https://www.regulations.gov;
(2) Visiting the FAA's Regulations and Policies Web page at https://www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing Office's Web page at https://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR.
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 docket and amendment numbers of this rulemaking.
I. Background
Section 231(a)(2)(A) of the 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
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. This final rule continues the revisions to the
regulations in 14 CFR.
On July 27, 2011, the EPA proposed new aircraft engine emission
standards for 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 ICAO.
The final rule adopting these proposals was published on June 18, 2012
(77 FR 36342), and was effective July 18, 2012.
II. Summary of the Costs and Benefits of the 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 to 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.
III. Discussion of This Final Rule
1. New Naming Convention
The EPA has adopted a new naming convention, ``tier,'' in 40 CFR
part 87. The tier numbers distinguish levels of increased stringency in
the NOX emission standards. This convention is consistent
with the numeric identifier that the Committee on Aviation
Environmental Protection (CAEP) of ICAO uses to differentiate the CAEP
work cycles that produce new standards. For example, the standards that
correspond to CAEP's sixth meeting (CAEP/6) are identified by the EPA
as Tier 6, while the standards that correspond to CAEP/8 are called
Tier 8. The naming convention is also being applied to previously
effective less stringent standards, i.e., Tier 0, Tier 2, and Tier 4.
None of the previous standards have been changed, only the tier
designation has been added in the regulations for comparison and
consistency. The following table identifies the various CAEP cycles and
corresponding tier naming convention.
The tier designation departs from the previous FAA practice that
described aircraft engine emission standards as amendments. The new
designation is a valuable tool that provides a consistent reference to
individual standards. The FAA is adopting this naming convention in the
emission standards contained in this final rule; the designations
appear in Sec. Sec. 34.21 and 34.23.
Table 1--Naming Conventions Comparison
----------------------------------------------------------------------------------------------------------------
Date CAEP adopted,
CAEP meeting no. and Annex 16 effective, and FAA part 34 14 CFR part 34 40 CFR part 87 tier
amendment applicable amendments rule promulgation
----------------------------------------------------------------------------------------------------------------
CAEP/1 Annex 16 Vol II, 03/4/1988, 07/31/ 1. NPRM cancel 1. 08/10/1990..... Tier 0.
Amendment 1. 1998, 11/17/1988. SFAR 27 and add
FAR 34-1;.
2. 14 CFR Part 34 2. 09/10/1990.....
Amendment 2.
CAEP/2 Annex 16 Vol II, 03/24/1993, 07/26/ 14 CFR Part 34 3/3/1999.......... Tier 2.
Amendment 2. 1993, 11/11/1993. Amendment 3.
CAEP/4 Annex 16 Vol II, 02/26/1999, 07/19/ 14 CFR Part 34 4/29/2009......... Tier 4.
Amendment 4. 1999, 11/4/1999. Amendment 4.
CAEP/6 Annex 16 Vol II, 02/23/2005, 07/11/ 14 CFR Part 34 TBD (40 CFR Part Tier 6.
Amendment 5. 2005, 11/24/2005. Amendment 5. 87 Effective July
18, 2012).
CAEP/8 Annex 16 Vol II, 03/4/2011, 07/18/ Tier 8.
Amendment 7. 2011, 11/17/2011.
----------------------------------------------------------------------------------------------------------------
Note: The NOX standards were not amended during CAEP/3, CAEP/5, and CAEP/7 meetings and are not included in the
tier designations.
[[Page 76845]]
2. Changes to Part 34
This final rule adopts the same emissions standards in part 34 as
the EPA promulgated for 40 CFR part 87. Any differences between the
appearance of the regulations is the result of different regulatory
formats between the two titles. No difference in the standards or the
meaning of any term is implied nor should any difference be presumed.
In the event that a substantive difference is identified, the
regulation in 40 CFR part 87 is considered controlling and will be
enforced.
The FAA is not changing any of its procedures for exemption
requests submitted under part 34. The FAA intends to continue to work
together with the EPA to jointly consider all exemption requests as we
have in the past.
In this document we are revising paragraph 34.7(b) to add an
additional sentence limiting the applicability to the requirements of
Sec. 34.21 (maintaining the current scope after Sec. 34.23 is added).
3. NOX Standards for Newly Certificated Engines
Table 2 below summarizes the NOX standards for newly
certificated engines that are adopted in this final rule, in Sec.
34.23. The regulation establishes two levels of increasingly stringent
NOX emission standards for gas turbofan engines with maximum
rated thrusts greater than 26.7 kN. The standard applicable to a
particular engine is based on its type certification date. Newly
certificated aircraft engines are those that receive a new type
certificate after the effective date of the applicable standard. The
two new standards are:
a. Tier 6/CAEP 6 NOX Standards
The first set of standards is equivalent to the NOX
limits established at the CAEP/6 meeting. This level was originally
adopted by ICAO and became internationally applicable after December
31, 2007. Engine manufacturers have been producing engines that meet
Tier 6 standards even though the standard and the marking designation
had not yet been adopted in the United States.
Overall, Tier 6 represents an approximate 12 percent reduction in
NOX emissions from Tier 4, Sec. 34.21(d)(1)(vi). Tier 4
standards were adopted by ICAO in 2005 with an implementation date in
2008. The Tier 6 standard is incorporated in Sec. 34.23(a).
Under the EPA rule, the Tier 6 standard was effective for engines
produced on and after July 18, 2012, unless otherwise covered by an
exception or exemption. These exceptions include:
1. The production of Tier 4 engines introduced before July 18,
2012, (including their derivatives) through December 31, 2012 (Sec.
34.23(c) and 40 CFR Sec. 87.23(d)(1)); and
2. Up to six engines per manufacturer produced on and after July
18, 2012 and before August 31, 2013 (Sec. 34.9(b) and 40 CFR Sec.
87.23(d)(3)). This exception is described more fully in section 4
below.
Exemptions to the standards of part 34 must be filed under the
regulatory exemption process discussed in Sec. 34.7 and part 11.
b. Tier 8/CAEP 8 NOX Standards
The second set of new standards is equivalent to the CAEP/8
NOX limits that were recommended at the February 2010 CAEP/8
meeting and applicable as ICAO standards and recommended practices in
November 2011. These Tier 8 standards will be mandatory in the United
States for engines for which the first individual production model is
manufactured after December 31, 2013. Overall, Tier 8 represents an
approximate 15 percent reduction in NOX emissions from Tier
6. The Tier 8 standard is incorporated in Sec. 34.23(b).
Table 2--Tier 6 and Tier 8 Standards for NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tier Date Class Rated pressure ratio--rPR Rated output rO (kN) NOX (g/kN)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tier 6............. Manufactured on and TF, T3, T8........... rPR <= 30...................... 26.7 < rO < 89.0............... 38.5486 + 1.6823
after July 18, 2012 (rPR) - 0.2453 (rO)
and for which the - (0.00308 (rPR)
first individual (rO))
production model is
manufactured on or
before December 31,
2013 (subject to
regulatory
exceptions).
------------------------------------------------------
rO > 89.0...................... 16.72 + 1.4080 (rPR)
------------------------------------------------------
30 < rPR < 82.6................ 26.7 < rO <= 89.0.............. 46.1600 + 1.4286
(rPR) - 0.5303 (rO)
+ (0.00642 (rPR)
(rO))
------------------------------------------------------
rO > 89.0...................... -1.04 + 2.0 (rPR)
------------------------------------------------------
rPR >= 82.6.................... All............................ 32 + 1.6 (rPR)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tier 8............. First individual TF, T3, T8........... rPR <= 30...................... 26.7 < rO < 89.0............... 40.052 + 1.5681
production model (rPR) - 0.3615 (rO)
manufactured after - (0.0018 (rPR)
December 31, 2013. (rO))
------------------------------------------------------
rO > 89.0...................... 7.88 + 1.4080 (rPR)
------------------------------------------------------
30 < rPR < 104.7............... 26.7 < rO < 89.0............... 41.9435 + 1.505
(rPR) - 0.5823 (rO)
+ (0.005562 (rPR)
(rO))
------------------------------------------------------
rO > 89.0...................... -9.88 + 2.0 (rPR)
------------------------------------------------------
rPR >= 104.7................... All............................ 32 + 1.6 (rPR)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 76846]]
4. Standards for Engines Manufactured On and After July 18, 2012
This final rule applies to engines that are to be manufactured on
and after July 18, 2012, the effective date for Tier 6 standards in the
United States. However, Tier 4 engines introduced before July 18, 2012
(and their derivatives) may continue to be produced through December
31, 2012 without further action by the manufacturer. In addition, Sec.
34.9(b) incorporates an exception that allows each engine manufacturer
to produce up to six Tier 4 compliant engines with a date of
manufacture on and after July 18, 2012 and before August 31, 2013 that
do not meet the Tier 6 standards without further action by the
manufacturer. Engines produced under this exception are required to
meet Tier 4 standards.
The primary purpose of allowing limited continued production of
Tier 4 engines is to provide for an orderly transition to Tier 6
standards as Tier 4 engines reach the end of their production cycles.
5. Spare Engines
This final rule allows for the production of a ``spare'' engine
that is newly produced but meets the Tier 4 emission standard under
which it was certificated rather than a more stringent standard that
may be in place at the time of production. A spare engine may be
produced as a replacement for an engine in service, whether installed
temporarily during a repair or for permanent use. A spare engine may
not be installed on a new aircraft. A spare engine may have different
emission levels for individual pollutants than the engine being
replaced, as long as the spare remains in overall compliance with the
levels required for the original engine's type certificate.
The standard is incorporated in Sec. 34.9(a). Spare engines must
be marked in accordance with Sec. 45.13(a)(7)(v).
6. Standards for Supersonic Aircraft Turbine Engines
This final rule contains carbon monoxide (CO) and NOX
emission standards for turbine engines that are used to propel aircraft
at sustained supersonic speeds (i.e., supersonic aircraft). While
emission standards for these aircraft were originally adopted by ICAO
in the 1980s, the original U.S. adoption of emission standards for
supersonic aircraft did not include CO or NOX. The absence
of U.S. standards for these pollutants has no practical effect because
supersonic aircraft are not allowed to fly over the continental U.S.
and no supersonic engines have been certificated since the Olympus 593
Mk. 610-14-28 installed on the Concorde. This certification has since
been surrendered and the engines are no longer in production. We are
adopting CO and NOX standards that will apply to future
engine designs used on supersonic aircraft and for harmonization with
ICAO standards.
Table 3--Gaseous Emission Standards for Supersonic Engines
----------------------------------------------------------------------------------------------------------------
Rated output
Class rO\1\ (kN) NOX (g/kN) CO (g/kN)
----------------------------------------------------------------------------------------------------------------
TSS............................ All............... 36 + 2.42 (rPR).............. 4,550 (rPR) -1.03
----------------------------------------------------------------------------------------------------------------
\1\ rO is the rated output with afterburning applied.
7. Test Procedures
The amended test procedures adopted in Sec. 34.60 are based on
ICAO Annex 16, Volume II. The amendments to Annex 16 Volume II include
clarifications and add flexibilities for engine manufacturers. They
are:
Standardizing the terminology relating to engine thrust/
power.
Clarifying the need to correct measured results to
standard reference day and reference engine conditions.
Allowing a certificating authority to approve the use of
test fuels other than those specified during certification testing.
Allowing materials other than stainless steel in the
sample collection equipment.
Clarifying the appropriate value of fuel flow to be used
at each LTO test point.
Clarifying exhaust nozzle terminology for exhaust
emissions sampling.
Allowing an equivalent procedure for gaseous emission and
smoke measurement if approved by the certificating authority.
Many manufacturers are already voluntarily complying with these
changes. The U.S. adoption of these test procedure amendments is
unlikely to require new action by manufacturers. To accomplish the
above changes, we have revised Sec. 34.60 and removed Sec. Sec. 34.61
through 34.64, and 34.71. This action eliminates subpart H of part 34,
and we have removed cross references to subpart H in the affected
sections where they appear.
8. Definitions
In promulgating the new standards, the EPA adopted several new
definitions for terms in its regulations. The FAA is including seven of
these definitions in Sec. 34.1 to avoid any uncertainty about their
meaning and application. These definitions are consistent with CAEP/8
usage, and the common understanding of these terms as used by industry.
The terms and definitions have the same scope and meaning as they have
in 40 CFR part 87. Since the regulation includes the terms and their
definitions, they are not being repeated here.
9. Derivative Engines
Often manufacturers will make changes to a type certificated engine
that is in production while keeping the same basic engine core and
combustor design. In some cases, these modifications may affect
emissions. We are adopting the term ``derivative engine for emissions
certification purposes'' to distinguish an engine model for which the
emission characteristics vary from the original type certificated
engine design, but remain within the criteria specified in Sec. 34.48.
The FAA has adopted the EPA's rule text in Sec. 34.48 that uses
the phrase ``similar in design to a previously certificated (original)
engine for purposes of compliance'' with the emissions standards. The
FAA understands the ``original'' to be a previously type certificated
engine for which there is test data. That test data will be used in
determining whether the new engine may be considered a derivative using
the criteria in Sec. 34.48.
To qualify as a derivative engine for emissions certification
purposes, an engine must comply with the emission standards associated
with the original type certificated engine. The derivative engine must
have the same or similar emission characteristics as the original type
certificated engine; the original engine must be listed on a U.S. type
certificate issued under part 33. The FAA will make the following
determinations regarding derivatives:
[[Page 76847]]
Whether the emission characteristics of the modified
design are significantly different from the original type certificated
engine's emissions such that a demonstration of compliance with more
recent emission standards is necessary;
Whether the changes are minor relative to the original
type certificated engine's emissions, such that it may be considered a
derivative version of the original type certificated engine model with
no emissions changes;
Whether iterative changes made over time resulted in a
cumulative change that reaches the point at which a new demonstration
of compliance is warranted.
In the past, these determinations were made for turbofan engines by
an engineering evaluation that was performed by the engine manufacturer
and then reviewed by the FAA. The definition of ``derivative engines
for emissions certification purposes,'' along with the criteria for
making this determination, will provide engine manufacturers and the
FAA with more certainty regarding emission standard requirements for
future modifications made to certificated models. The FAA will continue
its existing practices for determining derivatives for part 33 engine
certification, expanding those practices to make ``derivative engines
for emissions certification'' determinations under the criteria
promulgated by the EPA and adopted here into Sec. 34.48.
If a derivative engine is sufficiently similar to its original type
certificated engine so as to meet the criteria established in Sec.
34.48, the manufacturer may demonstrate certification compliance and
continue production of the engine model to the same extent as allowed
for the original engine model. However, if a derivative engine is
determined to be significantly different than the original type
certificated engine, the manufacturer would be required to demonstrate
compliance with the most recent emission standards. This determination
will be made using numerical criteria consistent with ICAO provisions.
An engine model may be considered a derivative only if:
1. It is a modification of an engine that received a U.S. type
certificate;
2. The engine was certificated under 14 CFR part 33; and
3. One of the following conditions is met:
If the FAA determines that a safety issue exists that
requires an engine modification; or
If emissions from the derivative engines are equivalent to
or lower than the original type certificated engine.
This final rule provides that an engine manufacturer may show
emissions equivalency by demonstrating that the difference between
emission rates of a derivative engine and the original type
certificated engine are within the following allowable ranges (unless
otherwise adjusted using good engineering judgment as determined by the
FAA):
3.0 g/kN for NOX,
1.0 g/kN for HC,
5.0 g/kN for CO, and
2.0 SN for smoke.
This final rule also provides that an engine model whose
characteristic level is at least 5 percent below all applicable
standards would be allowed to demonstrate equivalency by engineering
analysis. In all other cases, the manufacturer is required to test the
new engine model to show emission equivalency.
10. Abbreviations
Similar to the new terms being defined in Sec. 34.1, certain
abbreviations have been added or corrected in Sec. 34.2. No separate
discussion of them is included here. We are amending the text of
Sec. Sec. 34.10(a) and (b), 34.21(b) and (d), and 34.31(b) to include
the correct notation of these abbreviations.
11. Miscellaneous
In Sec. 34.21(b) of the current regulation, there is a printing
error. The formula for smoke number should have included ``-0.274'' as
a superscript notation. Instead, it was printed in regular size text,
implying a very different mathematical calculation. Since all other
instances of the notation in paragraphs (d) and (e) of that section are
correct, we are not aware that there has been any misunderstanding from
this printing error, but we are correcting it here.
The FAA is revising Sec. Sec. 34.3(c) and (d), General
requirements, to eliminate the use of the term Federal Aviation
Regulation and its abbreviation, FAR. Neither term is correct. As
regulations are amended, the FAA is removing these terms.
In addition, the FAA is revising Sec. 34.3(d) to remove the
reference to 40 CFR 87.1(c) and replacing it with a reference to 40 CFR
87.1 as the EPA regulation no longer uses subparagraph designations in
that section.
12. Part 45--Identification Data
The new emission standards require the addition of new designations
to identify the status of engines at manufacture. Section 45.13(a)(7)
is being added to include the new designations EXEMPT NEW and EXCEPTED
SPARE. Engines are already required to carry certain production
markings, and this amendment merely adds the two new designations
adopted in this final rule. The use of these new terms is required
under Sec. Sec. 34.7(h) and 34.9(a)(6).
IV. Regulatory Notices and Analyses
A. 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. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), 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.
This action contains an existing collection in use without an OMB
control number. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the FAA has submitted these information collection
amendments to OMB for its review.
Summary: Under Sec. 45.11, manufacturers of engines are required
to mark each engine produced under a type certificate or production
certificate by attaching a fireproof identification plate that contains
the information specified in Sec. 45.13. As part of the information
required, Sec. 45.13(a)(7) states that one of three designations
(comply, exempt and non U.S.) that indicates compliance with the
applicable exhaust emission provisions of part 34 and 40 CFR part 87
must be included. Under this final rule, the number of possible
designations is being increased to five (comply, exempt, non U.S.,
excepted spare and exempt new), with the new designations having been
adopted from the determinations made at ICAO CAEP/8.
Use: The information will be used by purchasers, owners, operators
and FAA inspectors, periodically, to confirm that an engine meets the
exhaust emission provisions of part 34 and 40 CFR part 87.
Respondents (including number of): There are currently 10 engine
manufacturers that will be impacted by this requirement.
Frequency: This is a one time burden for each engine. The
information required will be stamped on the
[[Page 76848]]
identification plate at the time of manufacture.
Annual Burden Estimate: We estimate that approximately 1,200
engines will be manufactured each year by 10 engine manufacturers and
that stamping each identification plate will require 5 minutes. The
annual burden is estimated to be 100 hours. We estimate that it will
take 5 minutes to label each engine for an average cost of $3.75 for
labor and materials for each engine. The total annual cost to
respondents is estimated to be $4,500.
The agency is soliciting comments to--
(1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of collecting information on those who are
to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
Individuals and organizations may send comments on the information
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by March 1, 2013. Comments also
should be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Building, Room 10202, 725 17th Street NW., Washington, DC
20503.
B. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
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 to 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 the existing EPA regulations. A full regulatory
evaluation is unwarranted because the FAA is not imposing any new
standards on the aviation industry for engine emissions or test
procedures. The EPA concluded (77 FR 36342, 36386, June 18, 2012) that
its rule would impose minimal costs to manufacturers because the
affected engines are designed for and marketed internationally, and
thus are already being manufactured using the ICAO standards adopted in
this rule.
The FAA has made one addition to the standards adopted by the EPA.
Previously, each affected engine had to be marked pursuant to 14 CFR
part 45 as falling under one of three engine categories. The rule now
requires that each affected engine has to be marked as falling under
one of five engine categories. As all affected engines had to be marked
under the previous rule, increasing the number of categories from three
to five will not change the number of engines that need to be marked.
The EPA rule required these markings be effective, but the requirement
that controls engine marking exists only in 14 CFR part 45.
Accordingly, the FAA is simply implementing the EPA requirement. 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.
C. 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, the test procedures for gaseous emissions, and the different
engine categories for marking purposes. Other than the FAA marking
requirement that involves minimal cost changes to engine manufacturers,
all of the costs associated with this rule have been addressed by the
EPA in its rulemaking. The EPA determined that its rule would impose
minimal costs to manufacturers because the affected engines are
designed for and marketed internationally, and thus are already being
manufactured using the ICAO standards adopted in the EPA rule. Thus,
this rule has a minimal economic impact.
Therefore, as the FAA Acting Administrator, I certify that this
rule will not have a significant economic impact on a substantial
number of small entities.
[[Page 76849]]
D. International Trade Impact Assessment
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 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 is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does 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 has
assessed the potential effect of this final rule and determined that it
is in accord with the Trade Agreements Act, as the rule uses the ICAO
international standards as the basis for the U.S. regulation.
E. 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
(in 1995 dollars) 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 $143.1 million in lieu of $100
million. This final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
F. International Compatibility and Cooperation
(1) In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
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 regulations.
(2) Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.
G. Environmental Analysis
In accordance with FAA Order 1050.1E, the FAA has determined that
this action is categorically excluded from environmental review under
section 103(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 emission standards.'' This rule amends the emission
standards for turbine engine powered airplanes and certain marking
requirements for engines, to incorporate the standards adopted by EPA
based on the ICAO standards for gaseous emissions of NOX.
Executive Order Determinations
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. Therefore, we determined that this final rule does not have
federalism implications.
Executive Order 13211, 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, 66 FR 28355 (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.
List of Subjects
14 CFR Part 34
Air pollution control, Aircraft, Incorporation by reference.
14 CFR Part 45
Aircraft, marking, identification data.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends Chapter I of Title 14 Code of Federal Regulations
as follows:
PART 34--FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE
ENGINE POWERED AIRPLANES
0
1. The authority citation for part 34 is revised to read as follows:
Authority: 42 U.S.C 4321 et seq., 7572l 49 U.S.C. 106(g),
40113, 44701-44702, 44704, 44714
Subpart A--[Amended]
0
2. In Sec. 34.1, add in alphabetical order, the definitions for the
terms ``Characteristic level'', ``Derivative engine for emissions
certification purposes'', ``Excepted'', ``Exempt'', ``Introduction
date'', and ``Tier'', and revise the definitions of ``Commercial
aircraft engine'', ``Rated output (rO),'' and ``Rated pressure ratio
(rPR)'' to read as follows:
Sec. 34.1 Definitions.
* * * * *
Characteristic level has the meaning given in Appendix 6 of ICAO
Annex 16 as of July 2008. The characteristic level is a calculated
emission level for each pollutant based on a statistical assessment of
measured emissions from multiple tests.\1\
---------------------------------------------------------------------------
\1\ 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 ICAO, Document Sales
Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada, phone
+1 514-954-8022, or www.icao.int or sales@icao.int. 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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
---------------------------------------------------------------------------
* * * * *
Commercial aircraft engine means any aircraft engine used or
intended for use by an ``air carrier'' (including those engaged in
``intrastate air transportation'') or a ``commercial operator''
(including those engaged in ``intrastate air transportation'') as these
terms are defined in Title 49 of the United States Code and Title 14 of
the Code of Federal Regulations.
* * * * *
Derivative engine for emissions certification purposes means an
engine that has the same or similar emissions characteristics as an
engine covered by a U.S. type certificate issued under 14
[[Page 76850]]
CFR part 33. These characteristics are specified in Sec. 34.48.
* * * * *
Excepted, as used in Sec. 34.9, means an engine that may be
produced and sold that does not meet otherwise applicable standards.
Excepted engines must conform to regulatory conditions specified for an
exception in Sec. 34.9. Excepted engines are subject to the standards
of this part even though they are not required to comply with the
otherwise applicable requirements. Engines excepted with respect to
certain standards must comply with other standards from which they are
not specifically excepted.
Exempt means an engine that does not meet certain applicable
standards but may be produced and sold under the terms allowed by a
grant of exemption issued pursuant to Sec. 34.7 of this part and part
11 of this chapter. Exempted engines must conform to regulatory
conditions specified in the exemption as well as other applicable
regulations. Exempted engines are subject to the standards of this part
even though they are not required to comply with the otherwise
applicable requirements. Engines exempted with respect to certain
standards must comply with other standards as a condition of the
exemption.
* * * * *
Introduction date means the date of manufacture of the first
individual production engine of a given engine model or engine type
certificate family to be certificated. Neither test engines nor engines
not placed into service affect this date.
* * * * *
Rated output (rO) means the maximum power/thrust available for
takeoff at standard day conditions as approved for the engine by the
Federal Aviation Administration, including reheat contribution where
applicable, but excluding any contribution due to water injection,
expressed in kilowatts or kilonewtons (as applicable), rounded to at
least three significant figures.
Rated pressure ratio (rPR) means the ratio between the combustor
inlet pressure and the engine inlet pressure achieved by an engine
operation at rated output, rounded to at least three significant
figures.
* * * * *
Tier, as used in this part, is a designation related to the
NOX emission standard for the engine as specified in Sec.
34.21 or Sec. 34.23 of this part (e.g., Tier 0).
0
3. In Sec. 34.2, remove the abbreviation for the term ``W Watt(s)''
and add the abbreviations for the terms ``Carbon dioxide'',
``Gram(s)'', ``Kilonewton(s)'', ``Kilowatt(s)'', and ``Pound(s)'' to
read as follows:
Sec. 34.2 Abbreviations.
* * * * *
CO2 Carbon dioxide
* * * * *
g Gram(s)
* * * * *
kN Kilonewton(s)
kW Kilowatt(s)
lb Pound(s)
* * * * *
0
4. In Sec. 34.3, revise paragraphs (c) and (d) to read as follows:
Sec. 34.3 General requirements.
* * * * *
(c) U.S. airplanes. This part applies to civil airplanes that are
powered by aircraft gas turbine engines of the classes specified herein
and that have U.S. standard airworthiness certificates.
(d) Foreign airplanes. Pursuant to the definition of ``aircraft''
in 40 CFR 87.1, this regulation applies to civil airplanes that are
powered by aircraft gas turbine engines of the classes specified herein
and that have foreign airworthiness certificates that are equivalent to
U.S. standard airworthiness certificates. This regulation applies only
to those foreign civil airplanes that, if registered in the United
States, would be required by applicable regulations to have a U.S.
standard airworthiness certificate in order to conduct the operations
intended for the airplane. Pursuant to 40 CFR 87.3(c), this regulation
does not apply where it would be inconsistent with an obligation
assumed by the United States to a foreign country in a treaty,
convention, or agreement.
0
5. In Sec. 34.7, amend paragraph (b) by adding a sentence at the end
of the paragraph and by revising paragraph (d) to read as follows:
Sec. 34.7 Exemptions.
* * * * *
(b) * * * This exemption is limited to the requirements of Sec.
34.21 only.
* * * * *
(d) Applicants seeking exemption from other emissions standards of
this part and 40 CFR part 87. Applicants must request exemption from
both the FAA and the EPA, even where the underlying regulatory
requirements are the same. The FAA and EPA will jointly consider such
exemption requests, and will assure consistency in the respective
agency determinations.
* * * * *
0
6. Add Sec. 34.9 to read as follows:
Sec. 34.9 Exceptions.
(a) Spare engines. Certain engines that meet the following
description are excepted:
(1) This exception allows production of an engine for installation
on an in-service aircraft. A spare engine may not be installed on a new
aircraft.
(2) Each spare engine must be identical to a sub-model previously
certificated to meet all applicable requirements.
(3) A spare engine may be used only when the emissions of the spare
do not exceed the certification requirements of the original engine,
for all regulated pollutants.
(4) No separate approval is required to produce spare engines.
(5) The record for each engine excepted under this paragraph (c)
must indicate that the engine was produced as an excepted spare engine.
(6) Engines produced under this exception must be labeled
``EXCEPTED SPARE'' in accordance with Sec. 45.13 of this chapter.
(b) On and after July 18, 2012, and before August 31, 2013, a
manufacturer may produce up to six Tier 4 compliant engines that meet
the NOX standards of paragraph (d)(1)(vi) of this section
rather than Sec. 34.23(a)(2). No separate approval is required to
produce these engines. Engines produced under this exception are to be
labeled ``COMPLY'' in accordance with Sec. 45.13 of this chapter.
Subpart B--Engine Fuel Venting Emissions (New and In-Use Aircraft
Gas Turbine Engines)
0
7. Revise Sec. 34.10 to read as follows:
Sec. 34.10 Applicability.
(a) The provisions of this subpart are applicable to all new
aircraft gas turbine engines of classes T3, T8, TSS, and TF equal to or
greater than 36 kN (8,090 lb) rated output, manufactured on or after
January 1, 1974, and to all in-use aircraft gas turbine engines of
classes T3, T8, TSS, and TF equal to or greater than 36 kN (8,090 lb)
rated output manufactured after February 1, 1974.
(b) The provisions of this subpart are also applicable to all new
aircraft gas turbine engines of class TF less than 36 kN (8,090 lb)
rated output and class TP manufactured on or after January 1, 1975, and
to all in-use aircraft gas turbine engines of class TF less than 36 kN
(8,090 lb) rated output and class TP manufactured after January 1,
1975.
[[Page 76851]]
Subpart C--Exhaust Emissions (New Aircraft Gas Turbine Engines)
0
8. In Sec. 34.21, revise paragraphs (b), (d), (e), and (f), and add
paragraph (g) to read as follows:
Sec. 34.21 Standards for exhaust emission.
* * * * *
(b) Exhaust emissions of smoke from each new aircraft gas turbine
engine of class TF and of rated output of 129 kN (29,000 lb) thrust or
greater, manufactured on or after January 1, 1976, shall not exceed
SN = 83.6 (rO) -0.274 (rO is in kN).
* * * * *
(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 kN (6,000 lb)
rated output:
(i) Engines manufactured on or after January 1, 1984:
Hydrocarbons: 19.6 g/kN rO.
(ii) Engines manufactured on or after July 7, 1997:
Carbon Monoxide: 118 g/kN 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 (Tier 2):
Oxides of Nitrogen: (40+2(rPR)) g/kN 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 (Tier 2):
Oxides of Nitrogen: (32+1.6(rPR)) g/kN rO.
(v) The emission standards prescribed in paragraphs (d)(1)(iii) and
(iv) of this section apply as prescribed beginning July 7, 1997.
(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 (Tier 4):
(A) That have a rated pressure ratio of 30 or less and a maximum
rated output greater than 89 kN:
Oxides of Nitrogen: (19 + 1.6(rPR)) g/kN rO.
(B) That have a rated pressure ratio of 30 or less and a maximum
rated output greater than 26.7 kN but not greater than 89 kN:
Oxides of Nitrogen: (37.572 + 1.6(rPR) - 0.2087(rO)) g/kN rO.
(C) That have a rated pressure ratio greater than 30 but less than
62.5, and a maximum rated output greater than 89 kN:
Oxides of Nitrogen: (7 + 2(rPR)) g/kN 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 kN but not greater
than 89 kN:
Oxides of Nitrogen: (42.71 + 1.4286(rPR) - 0.4013(rO) + 0.00642(rPR x
rO)) g/kN rO.
(E) That have a rated pressure ratio of 62.5 or more:
Oxides of Nitrogen: (32 + 1.6(rPR)) g/kN rO.
(2) For Class TSS Engines manufactured on or after January 1, 1984:
Hydrocarbons: 140 (0.92)\rPR\ g/kN rO.
(e) Smoke exhaust emissions from each gas turbine engine of the
classes specified below shall not exceed:
(1) For Class TF of rated output less than 26.7 kN (6,000 lb)
manufactured on or after August 9, 1985:
SN = 83.6(rO) -0.274 (rO is in kN) not to exceed a maximum
of SN = 50.
(2) For Classes T3, T8, TSS, and TF of rated output equal to or
greater than 26.7 kN (6,000 lb) manufactured on or after January 1,
1984:
SN = 83.6(rO) -0.274 (rO is in kN) not to exceed a maximum
of SN = 50.
(3) For Class TP of rated output equal to or greater than 1,000 kW
manufactured on or after January 1, 1984:
SN = 187(rO) -0.168 (rO is in kW).
(f) The standards set forth in paragraphs (a), (b), (c), (d), and
(e) of this section refer to a composite gaseous emission sample
representing the operation cycles and exhaust smoke emission emitted
during operation of the engine as specified in the applicable sections
of subpart G of this part, and measured and calculated in accordance
with the procedures set forth in subpart G.
(g) Where a gaseous emission standard is specified by a formula,
calculate and round the standard to three significant figures or to the
nearest 0.1 g/kN (for standards at or above 100 g/kN). Where a smoke
standard is specified by a formula, calculate and round the standard to
the nearest 0.1 SN. Engines comply with an applicable standard if the
testing results show that the engine type certificate family's
characteristic level does not exceed the numerical level of that
standard, as described in Sec. 34.60.
0
9. Add Sec. 34.23 to read as follows:
Sec. 34.23 Exhaust Emission Standards for Engines Manufactured On and
After July 18, 2012.
The standards of this section apply to aircraft engines
manufactured on and after July 18, 2012, unless otherwise exempted or
excepted. Where a gaseous emission standard is specified by a formula,
calculate and round the standard to three significant figures or to the
nearest 0.1 g/kN (for standards at or above 100 g/kN). Where a smoke
standard is specified by a formula, calculate and round the standard to
the nearest 0.1 SN. Engines comply with an applicable standard if the
testing results show that the engine type certificate family's
characteristic level does not exceed the numerical level of that
standard, as described in Sec. 34.60.
(a) Gaseous exhaust emissions from each new aircraft gas turbine
engine shall not exceed:
(1) For Classes TF, T3 and T8 of rated output less than 26.7 kN
(6,000 lb) manufactured on and after July 18, 2012:
SN = 83.6(rO) -0.274 or 50.0, whichever is smaller
(2) Except as provided in Sec. Sec. 34.9(b) and 34.21(c), for
Classes TF, T3 and T8 engines manufactured on and after July 18, 2012,
and for which the first individual production model was manufactured on
or before December 31, 2013 (Tier 6):
Tier 6 Oxides of Nitrogen Emission Standards for Subsonic Engines
----------------------------------------------------------------------------------------------------------------
Class Rated pressure ratio--rPR Rated output rO (kN) NOX (g/kN)
----------------------------------------------------------------------------------------------------------------
TF, T3, T8.................. rPR <= 30................ 26.7 < rO < 89.0........ 38.5486 + 1.6823 (rPR) -
0.2453 (rO) - (0.00308 (rPR)
(rO))
--------------------------------------------------------
rO > 89.0............... 16.72 + 1.4080 (rPR)
-----------------------------------------------------------------------------------
[[Page 76852]]
30 < rPR < 82.6.......... 26.7 < rO <= 89.0....... 46.1600 + 1.4286 (rPR) -
0.5303 (rO) + (0.00642 (rPR)
(rO))
--------------------------------------------------------
rO > 89.0............... -1.04 + 2.0 (rPR)
-----------------------------------------------------------------------------------
rPR >= 82.6.............. All..................... 32 + 1.6 (rPR)
----------------------------------------------------------------------------------------------------------------
(3) Engines exempted from paragraph (a)(2) of this section
produced on or before December 31, 2016 must be labeled ``EXEMPT NEW''
in accordance with Sec. 45.13 of this chapter. No exemptions to the
requirements of paragraph (a)(2) of this section will be granted after
December 31, 2016.
(4) For Class TSS Engines manufactured on and after July 18, 2012:
Gaseous Emission Standards for Supersonic Engines
----------------------------------------------------------------------------------------------------------------
Rated output rO
Class \1\ (kN) NOX (g/kN) CO (g/kN)
----------------------------------------------------------------------------------------------------------------
TSS............................ All............... 36 + 2.42 (rPR).............. 4,550 (rPR) -1.03
----------------------------------------------------------------------------------------------------------------
\1\ rO is the rated output with afterburning applied.
(b) Gaseous exhaust emissions from each new aircraft gas turbine
engine shall not exceed:
(1) For Classes TF, T3 and T8 engines of a type or model of which
the first individual production model was manufactured after December
31, 2013 (Tier 8):
Tier 8 Oxides of Nitrogen Emission Standards for Subsonic Engines
----------------------------------------------------------------------------------------------------------------
Class Rated pressure ratio--rPR Rated output rO (kN) NOx (g/kN)
----------------------------------------------------------------------------------------------------------------
TF, T3, T8.................. rPR <= 30................ 26.7 < rO < 89.0........ 40.052 + 1.5681 (rPR) -
0.3615 (rO) - (0.0018 (rPR)
(rO))
--------------------------------------------------------
rO > 89.0............... 7.88 + 1.4080 (rPR)
-----------------------------------------------------------------------------------
30 < rPR < 104.7......... 26.7 < rO < 89.0........ 41.9435 + 1.505 (rPR) -
0.5823 (rO) + (0.005562
(rPR) (rO))
--------------------------------------------------------
rO > 89.0............... -9.88 + 2.0 (rPR)
-----------------------------------------------------------------------------------
rPR >= 104.7............. All..................... 32 + 1.6 (rPR)
----------------------------------------------------------------------------------------------------------------
(c) Engines (including engines that are determined to be
derivative engines for the purposes of emission certification) type
certificated with characteristic levels at or below the NOX
standards of Sec. 34.21(d)(1)(vi) of this part (as applicable based on
rated output and rated pressure ratio) and introduced before July 18,
2012, may be produced through December 31, 2012, without meeting the
NOX standard of paragraph (a)(2) of this section.
0
10. In Sec. 34.31, revise paragraphs (b) and (c) to read as follows:
Sec. 34.31 Standards for exhaust emissions.
* * * * *
(b) Exhaust emissions of smoke from each in-use aircraft gas
turbine engine of Class TF and of rated output of 129 kN (29,000 lb)
thrust or greater, beginning January l, 1976, shall not exceed
SN=83.6(rO) -0.274 (rO is in kN).
(c) The standards set forth in paragraphs (a) and (b) of this
section refer to exhaust smoke emission emitted during operation of the
engine as specified in the applicable sections of subpart G of this
part, and measured and calculated in accordance with the procedures set
forth in subpart G.
Subpart E--Certification Provisions
0
11. Add Sec. 34.48 to read as follows:
Sec. 34.48 Derivative engines for emissions certification purposes.
(a) General. A derivative engine for emissions certification
purposes is an engine configuration that is determined to be similar in
design to a previously certificated (original) engine for purposes of
compliance with exhaust emissions standards (gaseous and smoke). A type
certificate holder may request from the FAA a determination that an
engine configuration is considered a derivative engine for emissions
certification purposes. To be considered a derivative engine for
emission purposes under this part, the configuration must have been
derived from the original engine that was certificated to the
requirements of part 33 of this chapter and one of the following:
(1) The FAA has determined that a safety issue exists that requires
an engine modification.
(2) Emissions from the derivative engines are determined to be
similar. In general, this means the emissions must meet the criteria
specified in paragraph (b) of this section. The FAA may amend the
criteria of paragraph (b) in unusual circumstances, for individual
cases, consistent with good engineering judgment.
(3) All of the regulated emissions from the derivative engine are
lower than the original engine.
[[Page 76853]]
(b) Emissions similarity. (1) The type certificate holder must
demonstrate that the proposed derivative engine model's emissions meet
the applicable standards and differ from the original model's emission
rates only within the following ranges:
(i) 3.0 g/kN for NOX.
(ii) 1.0 g/kN for HC.
(iii) 5.0 g/kN for CO.
(iv) 2.0 SN for smoke.
(2) If the characteristic level of the original certificated engine
model (or any other sub-models within the emission type certificate
family tested for certification) before modification is at or above 95%
of the applicable standard for any pollutant, an applicant must measure
the proposed derivative engine model's emissions for all pollutants to
demonstrate that the derivative engine's resulting characteristic
levels will not exceed the applicable emission standards. If the
characteristic levels of the originally certificated engine model (and
all other sub-models within the emission type certificate family tested
for certification) are below 95% of the applicable standard for each
pollutant, the applicant may use engineering analysis consistent with
good engineering judgment to demonstrate that the derivative engine
will not exceed the applicable emission standards. The engineering
analysis must address all modifications from the original engine,
including those approved for previous derivative engines.
(c) Continued production allowance. Derivative engines for
emissions certification purposes may continue to be produced after the
applicability date for new emissions standards when the engines conform
to the specifications of this section.
(d) Non-derivative engines. If the FAA determines that an engine
model does not meet the requirements for a derivative engine for
emissions certification purposes, the type certificate holder is
required to demonstrate that the engine complies with the emissions
standards applicable to a new engine type.
Subpart G--Test Procedures for Engine Exhaust Gaseous Emissions
(Aircraft and Aircraft Gas Turbine Engines)
0
12. Revise Sec. 34.60 to read as follows:
Sec. 34.60 Introduction.
(a) Use the equipment and procedures specified in Appendix 3,
Appendix 5, and Appendix 6 of ICAO Annex 16, as applicable, to
demonstrate whether engines meet the applicable gaseous emission
standards specified in subpart C of this part. Measure the emissions of
all regulated gaseous pollutants. Use the equipment and procedures
specified in Appendix 2 and Appendix 6 of ICAO Annex 16 to determine
whether engines meet the applicable smoke standard specified in subpart
C of this part. The compliance demonstration consists of establishing a
mean value from testing the specified number of engines, then
calculating a ``characteristic level'' by applying a set of statistical
factors that take into account the number of engines tested. Round each
characteristic level to the same number of decimal places as the
corresponding emission standard. For turboprop engines, use the
procedures specified for turbofan engines, consistent with good
engineering judgment.
(b) Use a test fuel that meets the specifications described in
Appendix 4 of ICAO Annex 16. The test fuel must not have additives
whose purpose is to suppress smoke, such as organometallic compounds.
(c) Prepare test engines by including accessories that are
available with production engines if they can reasonably be expected to
influence emissions. The test engine may not extract shaft power or
bleed service air to provide power to auxiliary gearbox-mounted
components required to drive aircraft systems.
(d) Test engines must reach a steady operating temperature before
the start of emission measurements.
(e) In consultation with the EPA, the FAA may approve alternative
procedures for measuring emissions, including testing and sampling
methods, analytical techniques, and equipment specifications that
differ from those specified in this part. Manufacturers and operators
may request approval of alternative procedures by written request with
supporting justification to the FAA Aircraft Certification Office and
to the Designated EPA Program Officer. To be approved, one of the
following conditions must be met:
(1) The engine cannot be tested using the specified procedures; or
(2) The alternative procedure is shown to be equivalent to, or more
accurate or precise than, the specified procedure.
(f) The following landing and takeoff (LTO) cycles apply for
emissions testing and for calculating weighted LTO values:
LTO Test Cycles and Time in Mode
----------------------------------------------------------------------------------------------------------------
Class
-----------------------------------------------------------------------------
Mode TP TF, T3, T8 TSS
-----------------------------------------------------------------------------
TIM (min) % of rO TIM (min) % of rO TIM (min) % of rO
----------------------------------------------------------------------------------------------------------------
Taxi/idle......................... 26.0 7 26.0 7 26.0 5.8
Takeoff........................... 0.5 100 0.7 100 1.2 100
Climbout.......................... 2.5 90 2.2 85 2.0 65
Descent........................... NA NA NA NA 1.2 15
Approach.......................... 4.5 30 4.0 30 2.3 34
----------------------------------------------------------------------------------------------------------------
(g) Engines comply with an applicable standard if the testing
results show that the engine type certificate family's characteristic
level does not exceed the numerical level of that standard, as
described in the applicable appendix of Annex 16.
(h) The system and procedure for sampling and measurement of
gaseous emissions shall be as specified by in Appendices 2, 3, 4, 5 and
6 to the International Civil Aviation Organization (ICAO) Annex 16,
Environmental Protection, Volume II, Aircraft Engine Emissions, Third
Edition, July 2008. 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 ICAO, Document
Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada,
phone +1 514-954-8022, or www.icao.int or sales@icao.int. Copies can be
reviewed at the FAA New England Regional Office, 12 New
[[Page 76854]]
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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Sec. Sec. 34.61-34.64 [Reserved]
0
13. Remove and reserve Sec. Sec. 34.61-34.64.
Sec. 34.71 [Reserved]
0
14. Remove and reserve Sec. 34.71.
Subpart H--[Removed]
0
15. Remove subpart H, consisting of Sec. Sec. 34.80 through 34.89.
PART 45--IDENTIFICATION AND REGISTRATION MARKING
0
16. The authority citation for part 45 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113-40114, 44101-44105,
44107-44111, 44504, 44701, 44708-44709, 44711-44713, 44725, 45302-
45303, 46104, 46304, 46306, 47122.
Subpart B--Identification of Aircraft and Related Products
0
17. In Sec. 45.13, revise paragraph (a)(7) introductory text and add
paragraphs (a)(7)(iv) and (a)(7)(v) to read as follows:
Sec. 45.13 Identification data.
(a) * * *
(7) On or after January 1, 1984, for aircraft engines specified in
part 34 of this chapter, the date of manufacture as defined in Sec.
34.1 of this chapter, and a designation, approved by the FAA, that
indicates compliance with the applicable exhaust emission provisions of
part 34 of this chapter and 40 CFR part 87. Approved designations
include COMPLY, EXEMPT, and NON-US, as appropriate. After December 31,
2012, approved designations also include EXEMPT NEW, and EXCEPTED
SPARE, as appropriate.
* * * * *
(iv) The designation EXEMPT NEW indicates that the engine has been
granted an exemption pursuant to the applicable provision of Sec.
34.7(h) of this chapter; the designation must be noted in the permanent
powerplant record that accompanies the engine from the time of its
manufacture.
(v) The designation EXCEPTED SPARE indicates that the engine has
been excepted pursuant to the applicable provision of Sec. 34.9(b) of
this chapter; the designation must be noted in the permanent powerplant
record that accompanies the engine from the time of its manufacture.
* * * * *
Issued in Washington, DC, on December 14, 2012.
Michael P. Huerta,
Acting Administrator.
[FR Doc. 2012-31109 Filed 12-28-12; 8:45 am]
BILLING CODE 4910-13-P
