Control of Non-Volatile Particulate Matter From Aircraft Engines: Emission Standards and Test Procedures, 31078-31090 [2024-08453]
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Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Rules and Regulations
70.76, ‘‘Backfitting,’’ 10 CFR 50.109,
‘‘Backfitting,’’ and as described in NRC
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‘‘Management of Backfitting, Forward
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forward fitting as that term is defined
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affect the issue finality of any approval
issued under 10 CFR part 52, ‘‘Licenses,
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Powerplants.’’
V. Submitting Suggestions for
Improvement of Regulatory Guides
A member of the public may, at any
time, submit suggestions to the NRC for
improvement of existing RGs or for the
development of new RGs. Suggestions
can be submitted on the NRC’s public
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contactus.html. Suggestions will be
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enhancements to the ‘‘Regulatory
Guide’’ series.
Dated: April 18, 2024.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs
Management Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
[FR Doc. 2024–08722 Filed 4–23–24; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 34
[Docket No.: FAA–2023–2434; Amdt. No.
34–7]
RIN 2120—AL83
Control of Non-Volatile Particulate
Matter From Aircraft Engines:
Emission Standards and Test
Procedures
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
This action adopts standards
for measuring non-volatile particulate
matter (nvPM) exhaust emissions from
aircraft engines. With this rulemaking,
the FAA implements the nvPM
emissions standards adopted by the
Environmental Protection Agency
(EPA), allowing manufacturers to
certificate engines to the new nvPM
emissions standards in the United
States, and fulfilling the statutory
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SUMMARY:
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obligations of the FAA under the Clean
Air Act.
DATES: This rule is effective May 24,
2024.
The incorporation by reference of a
certain publication listed in this rule is
approved by the Director of the Federal
Register as of May 24, 2024. The
incorporation by reference of a certain
other publication listed in this rule was
approved by the Director of the Federal
Register as of December 31, 2012 (77 FR
76842).
Comments on this rule must be
received by June 24, 2024.
ADDRESSES: You may send comments
identified by docket number using any
of the following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: 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 holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or
comments received may be read at
www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or visit 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.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
action, contact Ralph Iovinelli, Office of
Environment and Energy (AEE–300),
Federal Aviation Administration, 800
Independence Ave SW, Washington DC
20591; telephone (202) 267–3566; email
Ralph.Iovinelli@faa.gov.
SUPPLEMENTARY INFORMATION:
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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.
The Clean Air Act Amendments of
1970, title 42 of the United States Code,
Chapter 85, Subchapter II, part B,
Section 7572, grant the Secretary of
Transportation the authority to ensure
compliance with aviation emission
standards adopted by the United States
EPA. Further, 49 CFR 1.83(c) delegates
to the FAA Administrator the authority
to ‘‘[C]arry out the functions vested in
the Secretary by part B of title II of the
Clean Air Act.’’
This rulemaking adopts regulations to
enforce the standards adopted by the
EPA under its authority in the Clean Air
Act (the Act) in 40 CFR part 1031 at the
time of aircraft certification to control
certain emissions from airplane engines.
This rulemaking is issued under 42
U.S.C. 7572 and 49 CFR 1.83(c).
Good Cause Statement
Section 553 of the Administrative
Procedure Act (APA) (5 U.S.C. 553)
requires Federal agencies to publish a
notice of proposed rulemaking unless
‘‘. . . the agency for good cause finds
(and incorporates the finding in a brief
statement of reasons therefor in the
rules issued) that notice and public
procedure thereon are impractical,
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.
This rule adopts the procedures
necessary for the FAA to implement the
regulatory emissions limits and test
requirements (together referred to as
standards) for nvPM emitted by aircraft
engines adopted by the EPA under 42
U.S.C. 7571 (sec. 231 of the Act) (87 FR
72312, November 23, 2022) that were
effective December 31, 2022. These
standards are set forth in 40 CFR part
1031. The FAA is statutorily required
(see 42 U.S.C. 7572 (sec. 232 of the Act))
to incorporate the EPA’s nvPM
emissions standards into its regulations
(14 CFR part 34) and apply the
regulatory requirements that will allow
applicants to demonstrate compliance
with the emissions standards at the time
of engine airworthiness certification.
The FAA has no authority to alter the
standards (emission limits and test
requirements) adopted by the EPA for
engine emissions in 40 CFR part 1031.
The emission standards adopted by
the EPA in 40 CFR part 1031 represent
the results of widely coordinated
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international efforts and public notice
and comment rulemaking. The FAA,
EPA, industry representatives, and
foreign certification authorities all
participated in a multi-year process that
resulted in the nvPM standards adopted
by the International Civil Aviation
Organization (ICAO), which the EPA
thereafter prescribed in 40 CFR part
1031. Because the FAA has no authority
to change any of the standards adopted
by the EPA, a solicitation of comments
will not result in any substantive
changes to the standards and would
unnecessarily delay their
implementation.
Accordingly, the FAA finds that
notice and comment on the standards
and procedures adopted in this
rulemaking is unnecessary because the
FAA does not have authority to make
changes to the standards or procedures
adopted by the EPA and the EPA issued
its proposed rule for notice and sought
public comment on these standards and
test procedures prior to promulgating
them on November 23, 2022.
Therefore, FAA finds that good cause
exists under 5 U.S.C. 553(b)(3)(B) to
waive prior notice and the opportunity
for comment because such procedures
are unnecessary.
Although the FAA has no authority to
change any of the emission standards or
procedures adopted by the EPA in
accordance with the Act, the FAA is
requesting comment from interested
parties regarding the parts of this
rulemaking that adopt the certification
regulations in 14 CFR part 34 and
implement them at the time of aircraft
engine certification. The FAA will
review and consider any comments
received. Notice of any action the FAA
takes as a result of a comment will be
published in the Federal Register.
Comments Invited
The FAA encourages interested
persons to participate in this rulemaking
by submitting written comments
containing relevant information, data, or
views. The FAA also invites comments
relating to the economic, environmental,
energy, or federalism impacts that might
result from the adoption of these
requirements. While the FAA cannot
amend the substance of the rule based
on comments, it may take them under
advisement for future actions. The FAA
will consider comments received on or
before the closing date for comments.
The FAA will also consider late filed
comments to the extent practicable.
See section VII., ‘‘How to Obtain
Additional Information,’’ for
information on how to comment on this
final rule and how the FAA will handle
comments received. That section also
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contains related information about the
docket, privacy, and the handling of
proprietary or confidential business
information. In addition, there is
information on obtaining copies of
related rulemaking documents.
I. Executive Summary
This rulemaking adopts the
regulations necessary for the Federal
Aviation Administration (FAA) to
implement the Environmental
Protection Agency’s (EPA) new aircraft
engine emissions standards and
certification test procedures for nonvolatile particulate matter (nvPM) that
were effective December 23, 2022.1 The
nvPM standards replace the historical
smoke number (SN) requirements for
certain larger aircraft engines and create
new standards to address nvPMmass and
nvPMnumber.
Since the EPA and FAA share the
authority for aircraft engine emission
standards under the Clean Air Act (the
Act),2 this action modifies 14 CFR part
34 (part 34) by adopting maximum
nvPM mass concentration (nvPMMC) as
the standard that addresses emissions
plume invisibility, limits for nvPMMC,
and limits for nvPM mass (nvPMmass)
and nvPM number (nvPMnum), for
certain classes of subsonic turbofan
engine emissions. As part of this action,
the FAA is incorporating by reference
the ICAO test procedures needed to
measure nvPM at certification and
adding the definitions and abbreviations
to part 34 that are used in the nvPM
certification standards. The new nvPM
emissions standards apply to engines
having a rated output greater than 26.7
kilonewtons (kN). The FAA is also
amending its regulations to reflect the
EPA’s application of smoke number
(SN) standards to all new supersonic
engines regardless of size, and by
adopting the same clarifying language
promulgated by the EPA for the current
fuel venting standard.
The FAA is adopting the same nvPM
emissions limits as those promulgated
by the EPA and ICAO. Engine
manufacturers are already complying
with ICAO nvPM standards; this rule
will not cause manufacturers to incur
additional costs to certificate an engine
in the United States. Manufacturers
would likely incur higher costs if this
rule is not implemented, since they
would be required to seek certification
1 87 FR 72312—Control of Air Pollution From
Aircraft Engines: Emission Standards and Test
Procedures.
2 Clean Air Act mandates under 42 U.S.C. 7571
and 7572—Establishment and Enforcement of
Standards. 42 U.S.C. 7571: Establishment of
standards (house.gov) and 42 U.S.C. 7572:
Enforcement of standards (house.gov)
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31079
with a non-U.S. authority to remain
competitive globally. More detail on the
cost analysis is provided in Section V.
A. of this document.
This final rule fulfills FAA’s
obligation to implement EPA’s new
emissions standards for U.S. civil
aircraft and conforms U.S. regulations
with the standards and recommended
practices (SARPs) adopted by ICAO.
II. Background
Aircraft engine exhaust is comprised
of gaseous compounds, and of
particulate matter that contributes to
both visible plume exhaust and
atmospheric particulate matter.
Particulate matter emissions include
both volatile and non-volatile
components. Non-volatile particulate
matter (nvPM) is emitted directly from
the engine and is comprised of a small
amount of carbon particles (or ‘‘soot’’)
that did not fully convert to the gaseous
form of carbon dioxide (CO2) during the
combustion process. Volatile particulate
matter (vPM) condenses and
agglomerates in the aircraft exhaust
plume or where the gaseous emissions
from the plume react with ambient
chemicals present in the atmosphere.
Since vPM are affected by atmospheric
conditions and undergo rapid changes
when emitted, they are difficult to
predict or measure accurately. This rule
does not address vPM, nor are there
international standards for aircraft
engine vPM emissions.
In 1973, the U.S. first addressed
particulate matter emissions by
adopting the smoke number (SN)
standards of part 34 that focused on
visible aircraft exhaust plumes. The SN
standard was established to eliminate
the visible particulate matter directly
emitted by aircraft engines, rendering
exhaust plumes invisible to the human
eye. SN is determined by measuring the
opacity of a filter after soot has been
collected on it during the engine
emissions certification test required by
§ 34.23(a).
In 2013, ICAO recognized that
measuring nvPM emissions allowed a
more comprehensive approach to
controlling visible aircraft exhaust
plumes by describing the nvPM
emissions that are most likely to impact
human health and welfare, and by
establishing regulatory limits for them.
As a result, the ICAO Committee on
Aviation Environmental Protection
(CAEP) began the first of two standardsetting actions work programs in its
tenth triennial cycle (CAEP/10, 2013–
2016) to incorporate non-volatile
particulate matter emissions
measurement and limits in ICAO’s
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SARPs for turbofan engines greater than
26.7 kilonewtons (kN) of rated thrust.
As part of its first standard setting
action, ICAO recognized that the
measurement known as maximum
nvPM mass concentration (nvPMMC) is
a more accurate and modern
replacement for the optical visibility
standard represented by the longstanding SN standard. The visibility
limit for nvPMMC was developed by
ICAO using both measured SN and
nvPMMC data from several modern
engines to derive a SN-to-nvPMMC
correlation. This correlation was then
used to transfer the existing regulatory
SN limit into an equivalent nvPMMC
limit without increasing stringency. The
nvPMMC measurement standard
maintains the standard of invisibility of
the exhaust plume that was achieved
using SN but uses modern testing
methodologies. The ICAO/CAEP
analysis confirmed that an nvPMMC
standard at maximum concentration is
equivalent to the existing SN standard
in controlling exhaust plume visibility.
In 2017, ICAO adopted the nvPMMC
standard for engines with a rated output
of greater than 26.7 kN to provide for a
more precise measurement of
particulate matter exhaust emissions
than was possible using the SN
standard. The ICAO SARP that included
the nvPMMC standard was effective
January 1, 2020, officially replacing
ICAO’s SN standard for civil subsonic
aircraft engines that produce more than
26.7 kN of rated thrust.
From 2016 to 2019 (the CAEP/11
triennial cycle), ICAO set standards for
two additional parameters for nvPM
emissions from affected aircraft engines:
nvPM mass (nvPMmass) and nvPM
number (nvPMnum) as the second of the
two standard-setting actions. These
nvPM standards were directed at
controlling emissions from larger
aircraft engines by addressing nvPM
levels that are produced near airports,
measuring nvPM 3 during landing and
takeoff (LTO) cycles. The ICAO SARP
that included the nvPMmass and
nvPMnum standards was effective
January 1, 2023, for the same engines to
which the nvPM mass concentration
SARP applied.
As a signatory State to the Chicago
Convention, the United States must
establish standards that have the highest
practicable degree of uniformity to the
ICAO SARPs, or file a difference. By
implementing the standards
3 ICAO SARPs address only aircraft engines large
enough to be used on international flights, ICAO
leaves the regulation of smaller engines likely to be
operated only domestically to the member States.
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promulgated by EPA 4 that included
ICAO’s nvPM emissions standards, this
rulemaking is the final action the United
States needs to take to conform U.S.
nvPM certification standards to the
ICAO SARPs. This rule incorporates
into 14 CFR part 34 the aircraft engine
nvPM emissions standards adopted by
the EPA in 40 CFR part 1031 that are
required when certificating certain
aircraft engines in the United States.
III. Summary of Regulatory Changes
This final rule adopts the emissions
levels and test requirements that will
allow the FAA to certificate aircraft
engines to the nvPM emissions
standards developed by ICAO and made
effective in the United States by the EPA
on December 23, 2022. These new nvPM
standards apply to subsonic aircraft
turbofan engines having a rated output
greater than 26.7 kN.5 As a practical
matter, the new nvPM emission
standards allow engine manufacturers to
use the same probe and rake collection
system used to measure gaseous
pollutants to simultaneously measure
nvPM emissions for certification
purposes. This simultaneous
measurement eliminates the separate SN
collection and measurement of soot on
filter paper, reducing the amount of fuel
needed to conduct separate engine tests,
and making the component emissions
measurements more representative of an
engine’s output.
The new nvPM emissions standard
has three parameters: maximum
nvPMMC, nvPMmass, and nvPMnum.
Maximum nvPMMC ensures the
measurement continuity for visible
particle emissions that SN established.
nvPMmass, measures the total weight
(mass) of the non-volatile carbon
particles emitted during a timeweighted landing and takeoff (LTO) test
cycle. nvPMnum is a measurement of the
number of non-volatile carbon particles
emitted during the same time-weighted
LTO test cycle. The addition of
nvPMmass and nvPMnum represents the
first time the component characteristics
of non-volatile emissions are being
measured. The ability to identify and
measure these components will allow
4 The EPA final rule that amended 40 CFR part
1031 was published at 87 FR 72312 (November 22,
2022).
5 In 2003, ICAO found that ‘‘[T]here was an
insignificant impact on the environment from
aircraft engines of less than 26.7 kN (6000lb) thrust,
and the cost of emissions reduction for these
engines was high. There was no evidence to support
emissions regulation for these small engines.’’ The
26.7kN applicability for emissions has been the
accepted standard in FAA part 34 regulations such
as §§ 34.21(d)(1) and 34.23(a)(1).) ICAO has left
emissions regulation of engines with lesser output
to the discretion of the member States.
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regulatory authorities to establish more
stringent limits in the future as a means
to better protect human health and
welfare. For a comprehensive
discussion of the health effects of
particulate matter on humans, see the
preamble to EPA’s final rule for nvPM
at 87 FR 72319 (Nov 23, 2022).
The nvPM test and measurement
procedures require the use of additional
equipment and procedures compatible
with those currently in use for
measuring gaseous pollutants. The FAA
is both incorporating by reference the
nvPM test and measurement procedures
described in ICAO Annex 16, Volume II
(as adopted by the EPA), and adding
additional test procedures in new
§§ 34.71 and 34.73 in order to fully
implement the EPA’s standards.
In addition to the nvPM standards
and methods described, the FAA has
included other minor, nonsubstantive
changes to the existing emissions
regulations as they relate to nvPM to
make part 34 consistent with the EPA
regulations of 40 CFR part 1031, as
described in Section H below. The FAA
has also created a centralized
incorporation by reference (IBR) section
to index the ICAO materials that part 34
incorporates by reference, as described
in Section G, below.
IV. Discussion of This Final Rule
This final rule establishes the
certification standards for nvPMMC,
nvPMmass, and nvPMnum emissions from
certain classes of subsonic engines that
have a rated output greater than 26.7
kN, and adopts the associated test
procedures established by ICAO and
adopted by the EPA at 87 FR 72319
(Nov 23, 2022) required for certification
in the United States. These regulations
replace SN with nvPM as the required
emission standard for particulate matter
for applicable engines, as adopted by
the EPA. None of the changes made in
this rule adding nvPM measurements as
a requirement for certain engines are
meant to affect the SN requirements for
engines of any class having a rated
output of 26.7 kN or less, for turboprop
engines (Class TP), or for supersonic
engines (Class TSS). The nvPM
requirement is adopted in § 34.25, and
the test requirements in a new Subpart
H to part 34 comprised of §§ 34.71 and
34.73. This rulemaking adds nvPM
characteristics to the requirements for a
finding of similarity of a derivative
engine in § 34.48. These substantive
changes are described as follows.
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A. Addition of Maximum nvPM Mass
Concentration Standards for Aircraft
Engines—§§ 34.25(a)(1) and 34.25(c)(1)
For Class TF, T3, or T8 engines
(regulated classes of large turbofan
engines) with a rated output greater than
26.7 kN, this rule replaces the SN
requirement with a measurement of a
maximum nvPM mass concentration
(nvPMMC) limit in micrograms per cubic
meter [mg/m3]. This action maintains the
standard that aircraft engine exhaust
plumes remain invisible, which was the
intent of the ICAO standards adopted in
the United States by the EPA. When
determining nvPMMC, values must be
obtained from measurements made
across the entire thrust range of an
engine. The characteristic level of the
measured maximum nvPMMC value may
not exceed the regulatory limit
established using the formula in § 34.25.
The required test procedures and
compliance demonstration for nvPM are
discussed in section I.
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B. Addition of nvPM Mass and nvPM
Number Standards for Aircraft
Engines—§§ 34.25(a)(2) and 34.25(c)(2)
The standards for nvPMmass and
nvPMnum apply to all subsonic turbofan
and turbojet engines that have a rated
output greater than 26.7 kN. The
nvPMmass limit is the mass of emissions
of nvPM expressed in milligrams (mg)
divided by kN of rated thrust, as
determined over the LTO cycle. The
nvPMnum limit is the number of particles
divided by kN of rated thrust, as
determined over the LTO cycle.
An engine for which an application
for an original type certificate is
submitted on or after January 1, 2023, is
subject to the nvPMmass and nvPMnum
emission limits of § 34.25. An engine
that was type certificated before January
1, 2023, for which an application for
type design modification is submitted
on or after January 1, 2023, is also
subject to the nvPMmass and nvPMnum
emission limits of § 34.25. This date is
consistent with the effective date of the
EPA final rule that adopted these
standards.
The FAA is incorporating by reference
into part 34 the nvPM test and
measurement procedures of ICAO
Annex 16, Volume II, Appendices 4, 6
and 7. The EPA incorporated these
appendices and Appendix 8, which is
not relevant to FAA regulations, 6 This
6 Control of Air Pollution From Aircraft Engines:
Emission Standards and Test Procedures quotes
‘‘The EPA is incorporating by reference Appendix
8 of Annex 16, Volume II, which outlines
procedures used to estimate measurement system
losses, which are a required element of the
reporting provisions.’’ page 72333 in FR Vol 87 No
225, November 23, 2022.
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incorporation by reference continues the
FAA use of these procedures in part 34
to conform to accepted international
standards. These requirements are
discussed in Section I of this document.
C. Smoke Number Standards in
§ 34.21(e)
As stated in Section IV, the nvPM
standards for engines with a rated
output greater than 26.7 kN are a
replacement for SN requirements in
certain classes of engines. For all other
classes of engines, this rule revises
§ 34.21(e) to group the continuing SN
requirements in one paragraph for ease
of reference; the SN standards had been
scattered in various sections of part 34
as compliance dates were added over
time. Consistent with the standards
adopted by the EPA and ICAO, the SN
requirements are unchanged for engines
not subject to nvPM. The applicability
of § 34.21(e) was modified as described
here to maintain regulatory consistency.
Section 34.21(e)(1)(A) and (B) carry
forward the SN requirements for engines
of the applicable class and size
produced before January 1, 2023. The
SN requirements of paragraph(e)(1)(B)
were misplaced in § 34.23(a)(1) and
referenced as a gaseous emission
standard. The requirement was moved
to (e)(1)(B) and § 34.23(a)(1) is marked
reserved to maintain the integrity of
references to the gaseous emissions
standards of § 34.23.
Paragraph (e)(1)(C) applies to
described engines manufactured after
January 1, 2023, and contains a
modification to the applicability of the
SN requirements to maintain
consistency with EPA regulations. Over
time, regulatory changes by the U.S. and
ICAO resulted in a discrepancy of
applicability between the two sets of
regulations. If the United States
maintained its applicability division, an
engine with exactly 26.7 kN of rated
output would be subject to the SN
standard in other ICAO member States,
but subject to nvPM standards in the
United States. In its rulemaking, the
EPA adopted the ICAO standard for the
division between SN and nvPM
applicability. The FAA is adopting the
same EPA and ICAO applicability
descriptors to prevent a situation where
an engine of exactly 26.7 kN of rated
output would, without reason, be
subject to two different standards.
Accordingly, the SN standard for
engines manufactured on or after
January 1, 2023, has been modified to
apply to engines having a rated output
of 26.7 kN or less. The FAA is not aware
of any engines rated at exactly 26.7 kN,
so there are no practical consequences
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31081
to this realignment, and it has no
retroactive applicability.
Section 34.21(e)(2) contains the SN
requirements for certain classes of
engines manufactured on or after
January 1, 1984, and before January 1,
2023. Engines of those classes
manufactured on or after January 1,
2023, are subject to the new nvPM
requirements of § 34.25.
Section 34.21(e)(3) carries forward the
SN standard for certain turboprop (class
TP) engines manufactured on or after
January 1, 1984. This requirement is
unchanged.
Section 34.21(e)(4) makes the SN
standard appliable to all supersonic
(class TSS) engines regardless of rated
thrust. Because emissions standards for
supersonic engines have not yet been
agreed to internationally, these engines
were not included by ICAO in the new
nvPM standard. The EPA adopted the
ICAO standard for SN to apply to all
supersonic engines regardless of rated
output in 40 CFR part 1031. This
regulation carries forward that
requirement in part 34.
D. Fuel Venting Description § 34.11
The fuel venting standard in part 34
subpart B prohibits the discharge of fuel
to the atmosphere following engine
shutdown. Fuel venting emissions are
described as fuel discharge during all
normal ground and flight operations.
Following discussions with the EPA and
ICAO, this rule adds the word ‘‘liquid’’
before ‘‘fuel’’ in the fuel venting
requirements to prevent the application
of the regulation to small amounts of
fuel that vaporize on hot engine parts
after shutdown. Small amounts of
vaporizing fuel was not the concern of
the fuel venting prohibition drafted in
the 1960s, which was intended to
address the then-common practice of
dumping large amounts of liquid fuel on
the ground after engine shutdown. This
change will not have any effect on the
requirements for engine type
certification, and is a concept
commonly understood in the industry.
E. Adding nvPM Characteristics for
Derivative Engine Findings—§ 34.48
Section 34.48 prescribes standards for
finding that an engine is a ‘‘derivative
engine for emissions purposes’’ by
assessing the emissions similarity
between an engine and its proposed
derivative. Status as a derivative engine
determines whether the proposed
derivative must undergo complete
emissions testing. The addition of an
nvPM standard requires that the
derivative engine considerations also
include nvPM characteristics for
engines that may be considered as a
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derivative of an engine manufactured
after January 1, 2023. These emission
similarity ranges for nvPM have been
included in § 34.48(b)(1)(v). Section
34.48(b)(3) is added for consistency
with EPA regulations. The requirements
for nvPM testing of a derivative engine
are addressed in § 34.25(b).
F. Addition of Test Procedures and
Compliance Demonstration for nvPM—
Subpart H, §§ 34.71 and 34.73
In order to implement the nvPM
standards adopted by the EPA, FAA
regulations must include effective test
and measurement procedures in the
emissions certification requirements for
use by manufacturers. These tests and
procedures have been placed in a new
subpart H to part 34 as §§ 34.71 and
34.73.
Section 34.71 identifies the nvPM
emissions test requirements, such as the
minimum number of emissions test runs
required, the number of engines of the
same type design that may be used to
gather test data, and the operational
conditions required for emissions
certification (§ 34.71 (b), (c), and (g)).
The section also includes test fuel
specifications (§ 37.71 (d)), a description
of the LTO cycle (§ 34.71(h)), and how
to prepare and operate an engine for
emissions certification (§ 34.71 (f)).
Section 34.71(i) states how
characteristic values, in conjunction
with Table A6–1 of Annex 16 Vol II,
Appendix 6, are to be determined.
Many of the test and measurement
procedures required for nvPM were
identified and described by ICAO.
Section 34.71(e)(1) includes an
incorporation by reference of ICAO
Annex 16, Volume II and its
Appendices requiring that those tests
and procedures in the applicable Annex
appendices be used when measuring
and collecting data, including the other
requirements of § 34.71.
Section 34.71 (e)(2) instructs the
applicant on the procedures necessary
when requesting a deviation from any of
the test procedures or compliance
demonstrations of subpart H. The FAA
expects that any such deviation request
would be from a test or procedure that
was included in the approved test plan,
but was discovered to be unworkable
before the test is actually conducted.
Any deviation proposed must be
approved by the FAA before any
emissions test is conducted. The FAA
will consult with the EPA prior to
making a written determination on any
requested deviation.
Section 34.71(j) requires that all
measurements be included in nvPM
calculations. This section also cautions
that if an applicant seeks to exclude any
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measurements, that data must be
submitted to the FAA with justification
for the exclusion, and that the
exclusions must be approved by the
FAA before the applicant makes any
nvPM calculations.
Section 34.73 requires applicants to
perform a compliance demonstration
that shows the engine emissions of
nvPM are within the applicable limits
provided in § 34.25. A demonstration of
compliance includes calculations to
determine the characteristic nvPM
emissions levels for maximum nvPMMC,
nvPMmass, and nvPMnum using the
measurements collected in accordance
with § 34.71. The applicant’s
compliance demonstration must be
conducted within 90% confidence
intervals (§ 34.73(d)), use the required
rounding in calculations (§ 34.73(a)(3)),
and correct for standard temperature
and pressure as prescribed in the ICAO
Annex 16, Volume II Appendix 1.
Section 34.73(c)(1) directs the
applicant to conduct the minimum
number of measurements at the thrust
settings given in § 34.71(h). However,
this section also provides an applicant
with the flexibility to make as many
additional measurements as it chooses
across the entire thrust range of an
engine when measuring nvPM. More
measurements conducted across the
thrust range of an engine result in
improved understanding of any trending
nvPM behavior. Section 34.71(c)(1) also
allows an applicant to choose one of the
three equivalent evaluation methods
listed in that section when calculating
nvPMMC. Once nvPM emissions
certification testing is complete,
§ 34.73(e) identifies the required
information to be reported to the FAA
in the emissions test report. The FAA
notes that the EPA has separate
reporting requirements that are not part
of this rulemaking.
G. Incorporation by Reference (IBR)
Section
This final rule includes a new section,
§ 34.4, that indexes all material
incorporated by reference in part 34.
The FAA determined that it was
appropriate with this final rule to create
a centralized IBR section indexing all
the materials incorporated by reference
in Part 34, for ease of reference and
future revision.
The OFR has regulations concerning
incorporation by reference (1 CFR part
51). These regulations require that, for a
final rule, agencies must discuss in the
preamble the way in which the
materials that the agency incorporated
by reference are reasonably available to
interested persons, and how interested
parties can obtain the materials. In
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addition, in accordance with 1 CFR
51.5(b), the agency must summarize the
material in the preamble of the final
rule.
Because this rule was passed to
harmonize United States regulations
with international standards, this final
rule incorporates Annex 16 to the
Convention on International Civil
Aviation: Environmental Protection,
Volume II—Aircraft Engine Emissions,
Fourth Edition, July 2017 (ICAO Annex
16, Volume II). Appendices 1,4, 6, and
of the 2017 Annex are referenced in
§ 34.71 and 34.73, and appendices 4 and
6 of the Annex are referenced in § 34.73.
The content of these appendices is
described above, in sub-part F.
The 2008, Third Edition, of the Annex
is referenced in §§ 34.1 and 34.60. The
incorporation by reference of the 2008,
Third Edition, of the Annex was
approved by the Director of the Federal
Register as of December 31, 2012 (77 FR
76842). The new § 34.4 includes the
2008 and 2017 editions of the ICAO
Annex as well. All approved material is
available for inspection at the FAA.
Contact the FAA Office of Rulemaking
(ARM), 800 Independence Avenue SW,
Washington, DC 20590 (telephone 202–
267–9677). Interested parties can also
purchase the Annex online from ICAO
at: store.icao.int/en/annexes/annex-16.
H. Miscellaneous Amendments
This rule includes the following
changes to part 34 to improve the clarity
of the nonvolatile particulate matter
emissions standards, align the
provisions described with those of the
EPA in 40 CFR part 1031 (formerly 40
CFR part 87), and make other minor
changes as described:
(1) Definitions in § 34.1. This rule
adds a definition of nvPM, and revises
the definition of ‘‘Derivative engine for
emissions certification purposes’’ for
consistency with EPA regulations in 40
CFR part 1031 and ICAO Annex 16
Volume II. This rule revises the
definition of ‘‘Reference day condition’’
to include a more accurate value for
specific humidity that is recognized in
the general scientific community and is
consistent with the definitions used by
the EPA and ICAO. This rule removes
the definition of ‘‘Fuel venting’’ from
§ 34.1 in favor of the more specific
description of fuel venting in § 34.11,
where it applies.
(2) Abbreviations in § 34.2: The
following terms are added to the list of
abbreviations in § 34.2: nvPM, nvPMMC,
nvPMmass, and nvPMnum. The
abbreviation ‘‘lb’’ is corrected to ‘‘lbf.’’
Pound force (lbf) is used in part 34 as
the English measurement equivalent of
a rated output stated in kilonewton
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(kN). The abbreviation ‘‘lb’’ refers to
pounds mass. Three abbreviations used
in part 34 were found to be missing
from the § 34.2 list and are added in this
rule: m for meter, mg for milligram(s),
and mg for microgram(s). The
amendment includes the full corrected
list of abbreviations used in part 34.
(3) Updated references to EPA
regulations: The replacement of
references to 40 CFR part 87 with
updated references to 40 CFR part 1031
in §§ 34.3, 34.6(h) and 34.7(d). In the
case of § 34.3, the references were
numerous, and some were more
specific, such that the FAA chose to set
out the text of the entire section, rather
than describe individual instances.
(4) Updated references to 14 CFR part
34: The removal of the acronym ‘‘FAR,’’
replacing it with an appropriate
reference to the regulations of part 34 or
40 CFR part 1031. The term ‘‘FAR’’ is
not a recognized legal reference to the
regulations in Title 14 of the Code of
Federal Regulations.
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V. Regulatory Notices and Analyses
Federal agencies consider impacts of
regulatory actions under a variety of
executive orders and other
requirements. First, Executive Order
12866 and Executive Order 13563, as
amended by Executive Order 14094
(‘‘Modernizing Regulatory Review’’),
direct that each Federal agency shall
propose or adopt a regulation only upon
a reasoned determination that the
benefits of the intended regulation
justify the 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. 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
that may result in the expenditure by
State, local, and tribal governments, in
the aggregate, or by the private sector, of
$100 million or more (adjusted annually
for inflation) in any one year. The
current threshold after adjustment for
inflation is $177 million using the most
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current (2022) Implicit Price Deflator for
the Gross Domestic Product. This
portion of the preamble presents the
FAA’s analysis of the economic impacts
of this rule.
In conducting these analyses, the FAA
has determined that this rule: will result
in benefits that justify costs; is not an
economically ‘‘significant regulatory
action’’ as defined in section 3(f) of
Executive Order 12866; will not have a
significant economic impact on a
substantial number of small entities;
will not create unnecessary obstacles to
the foreign commerce of the United
States; and will not impose an unfunded
mandate on State, local, or tribal
governments, or on the private sector.
A. Regulatory Impact Analysis
The FAA expects minimal cost
savings to result from the final rule. The
FAA will be implementing emission
standards promulgated by the EPA on
November 23, 2022, which adopted the
standards previously set by ICAO. The
EPA standards conform to the ICAO
standards and the FAA does not have
the authority to change the emissions
standards adopted by the EPA.
Manufactures are already complying
with the ICAO nvPM standards to be
able to market their aircraft worldwide,
so this final rule will not place any new
costs on manufacturers when engines
are certificated in the United States.
Manufacturers would likely incur
some extra costs if this rule is not
implemented, as they would be required
to seek certification with a non-U.S.
certification authority. The FAA
identified five U.S.-based manufacturers
that are affected by this final rule. The
costs of full emissions certification that
includes nvPM emissions in the U.S. is
estimated to average $548,733 7 per
engine tested, in 2019 dollars.8
7 The $500,000 cost estimate provided to ICAO is
in 2013 dollars which calculates to $548,733 in
2019 dollars. The Bureau of Economic Analysis
Gross Domestic Price Deflator data was used to
convert the cost estimate into 2019 dollars. https://
apps.bea.gov/iTable/?reqid=19&step=3
&isuri=1&1921=survey&1903=11#eyJhcHBpZ
CI6MTksInN0ZXBzIjpbMSwyLDMsM10sImRhdGE
iOltbIk5JUEFfVGFibGVfTGlzdCIsIjExIl0s
WyJDYXRlZ29yaWVzIiwiU3VydmV5Il0sWyJG
aXJzdF9ZZWFyIiwiMjAxMCJdLFsiTGFzdF9ZZ
WFyIiwiMjAyMiJdLFsiU2Nh
bGUiLCIwIl0sWyJTZXJpZXMiLCJBIl1dfQ=.
8 Industry average cost estimates for engine
emissions certification provided to ICAO as part of
the nvPM emissions standard updates to Annex 16,
Volume II.
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31083
However, the flat fee for certification in
the European Union is 405,310 euros 9
or $453,875 in 2019 currency exchange
rate terms.10 These certification cost
estimates do not account for the
transportation, staffing, and
administrative costs manufacturers
would have to incur.11
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
of 1980, (5 U.S.C. 601–612), as amended
by the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121) and the Small Business Jobs
Act of 2010 (Pub. L. 111–240), requires
Federal agencies to consider the effects
of the regulatory action on small
business and other small entities and to
minimize any significant economic
impact. The term ‘‘small entities’’
comprises small businesses and not-forprofit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
As described in the RIA, the FAA
identified five U.S. manufacturers that
would be affected by this final rule.
Based on the Small Business
Administration (SBA) size standard for
aircraft engine and engine parts
manufacturing (Table 1), all five
manufacturers are large businesses. If an
agency determines that a rulemaking
will not result in a significant economic
impact on a substantial number of small
entities, the head of the agency may so
certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b)
and based on the foregoing, the head of
FAA certifies that this rulemaking will
not result in a significant economic
impact on a substantial number of small
entities. The FAA welcomes comments
on the basis for this certification.
9 https://eur-lex.europa.eu/legal-content/EN/
TXT/?qid=1591083932919&uri=
CELEX:32019R2153.
10 The 2019 annual average exchange rate of
1.1198 was used to calculate the value in dollar
terms. 1/0.893 = 1.1198. https://www.irs.gov/
individuals/international-taxpayers/yearly-averagecurrency-exchange-rates.
11 Manufacturers may shop for the best price with
other non-U.S. authorities, however, we expect
costs savings to be minimal in all situations due to
the flat fees, costs of transportation, staffing, and
administrative costs associated with the
certification.
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TABLE 1—SMALL BUSINESS ADMINISTRATION SIZE STANDARD
NAICS code
Description
Size standard
336412 ....................................................
Aircraft Engine and Engine Parts Manufacturing ..................................................
1,500 Employees.
Source: SBA (2022).12
NAICS—North American Industrial Classification System.
C. 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 rule and determined that
it maintains the same standards for
engine emissions certification of nvPM
as was adopted by ICAO. As a result, the
FAA does not consider this rule as
creating an unnecessary obstacle to
foreign commerce.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) governs
the issuance of Federal regulations that
require unfunded mandates. An
unfunded mandate is a regulation that
requires a State, local, or tribal
government or the private sector to
incur direct costs without the Federal
government having first provided the
funds to pay those costs. The FAA
determined that this final rule will not
result in the expenditure of $177
million or more by State, local, or tribal
governments, in the aggregate, or the
private sector, in any one year.
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E. 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. The
12 Small
Business Administration (SBA). 2022.
Table of Size Standards. Effective October 1, 2022.
https://www.sba.gov/document/support-table-sizestandards.
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FAA has determined that there is no
new requirement for information
collection associated with this final rule
since emissions testing is already
required as part of aircraft engine
certification.
F. International Compatibility and
Cooperation
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 the no differences
with these regulations. This regulation
is a conforming action to adopt the same
standards for nvPM certification that are
contained in the ICAO SARPs.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act (NEPA) in the
absence of extraordinary circumstances.
The FAA has determined this
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 5–6.6f for regulations and
involves no extraordinary
circumstances.
H. Regulations Affecting Intrastate
Aviation in Alaska
Section 1205 of the FAA
Reauthorization Act of 1996 (110 Stat.
3213) requires the Administrator, when
modifying 14 CFR regulations in a
manner affecting intrastate aviation in
Alaska, to consider the extent to which
Alaska is not served by transportation
modes other than aviation, and to
establish appropriate regulatory
distinctions. Because this final rule sets
standards for aircraft engine emissions
at the time of certification, no effect on
intrastate aviation in Alaska is expected.
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule
under the principles and criteria of
Executive Order (E.O.) 13132,
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Federalism. The FAA has determined
that this action will not have a
substantial direct effect on the States, or
the relationship between the Federal
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, and, therefore,
will not have federalism implications.
B. Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
Consistent with Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,13 and
FAA Order 1210.20, American Indian
and Alaska Native Tribal Consultation
Policy and Procedures,14 the FAA
ensures that Federally Recognized
Tribes (Tribes) are given the opportunity
to provide meaningful and timely input
regarding proposed Federal actions that
have the potential to have substantial
direct effects on one or more Indian
tribes, on the relationship between the
Federal government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
government and Indian tribes; or to
affect uniquely or significantly their
respective Tribes. The FAA has not
identified any unique or significant
effects, environmental or otherwise, on
tribes resulting from this final rule.
C. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this final rule
under E.O. 13211, Actions Concerning
Regulations that Significantly Affect
Energy Supply, Distribution, or Use
(May 18, 2001). The FAA has
determined that this rule is not a
‘‘significant energy action’’ under the
executive order and is not likely to have
a significant adverse effect on the
supply, distribution, or use of energy.
D. Executive Order 13609, Promoting
International Regulatory Cooperation
Executive Order 13609, Promoting
International Regulatory Cooperation,
promotes international regulatory
cooperation to meet shared challenges
13 65
FR 67249 (Nov. 6, 2000).
Order No. 1210.20 (Jan. 28, 2004),
available at https://www.faa.gov/documentLibrary/
media/1210.pdf.
14 FAA
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involving health, safety, labor, security,
environmental, and other issues and
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. The FAA has analyzed
this action under the policy and agency
responsibilities of Executive Order
13609. The FAA has determined that
this action will eliminate differences
between U.S. aviation standards and
those of other civil aviation authorities
by implementing the same aircraft
certification requirements for nvPM
emissions that are in ICAO Annex 16.
List of Subjects in 14 CFR Part 34
Aircraft, Aviation safety, Air pollution
control, Incorporation by reference,
Reporting and recordkeeping
requirements.
In consideration of the foregoing, the
Federal Aviation Administration is
amending chapter I of title 14, Code of
Federal Regulations as follows:
VII. How To Obtain Additional
Information
■
A. Electronic Access and Filing
Authority: 42 U.S.C. 4321 et seq., 7572; 49
U.S.C. 106(g), 40113, 44701–44702, 44704,
44714.
1. The authority citation for part 34
continues to read as follows:
A copy of this final rule, any
background material, and all comments
received may be viewed online at
www.regulations.gov using the docket
number listed above. Electronic retrieval
help and guidelines are available on the
website. It is available 24 hours each
day, 365 days each year. An electronic
copy of this document may also be
downloaded from the Office of the
Federal Register’s website at
www.federalregister.gov and the
Government Publishing Office’s website
at www.govinfo.gov. A copy may also be
found at the FAA’s Regulations and
Policies website at www.faa.gov/
regulations_policies.
Copies may also be obtained 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) 267–9677. Commenters
must identify the docket or notice
number of this rulemaking.
All documents the FAA considered in
developing this final rule, including
economic analyses and technical
reports, may be accessed in the
electronic docket for this rulemaking.
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B. Small Business Regulatory
Enforcement Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction.
A small entity with questions regarding
this document may contact its local
FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT
heading at the beginning of the
preamble. To find out more about
SBREFA on the internet, visit
www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
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PART 34—FUEL VENTING AND
EXHAUST EMISSION REQUIREMENTS
FOR TURBINE ENGINE POWERED
AIRPLANES
Subpart A—General Provisions
2. Amend § 34.1 by:
a. Revising and republishing the
definition for Characteristic level;
■ b. Revising the definition for
Derivative engines for emissions
certification purposes;
■ c. Removing the definition for Fuel
venting emissions;
■ d. Adding in alphabetical order a
definition for Non-volatile particulate
matter; and
■ e. Revising the definition for
Reference day conditions.
The revisions, republication, and
addition read as follows:
■
■
§ 34.1
Definitions.
*
*
*
*
*
Characteristic level has the meaning
given in Appendix 6 of ICAO Annex 16
as of July 2008 (incorporated by
reference, see § 34.4). The characteristic
level is a calculated emission level for
each pollutant based on a statistical
assessment of measured emissions from
multiple tests.
*
*
*
*
*
Derivative engine for emissions
certification purposes means an engine
that is similar in design to an engine
that has demonstrated compliance with
the applicable exhaust emission
standards of this part, as determined by
the FAA, and has a U.S. type certificate
issued in accordance with part 33 of this
chapter.
*
*
*
*
*
Non-volatile particulate matter
(nvPM) means emitted particles that
remain at the exhaust nozzle exit plane
of a gas turbine engine, and that did not
volatilize after being heated to a
temperature of at least 350 °C.
*
*
*
*
*
Reference day condition means the
reference ambient conditions to which
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31085
the measured smoke, nvPM, and
gaseous emissions must be corrected.
The reference day conditions are as
follows:
(1) Temperature = 15 °C,
(2) Specific humidity = 0.00634 kg H2O/
kg of dry air, and
(3) Pressure = 101.325 kPa
*
*
*
*
*
■ 3. Revise § 34.2 to read as follows:
§ 34.2
Abbreviations.
The abbreviations used in this part
have the following meanings in both
upper and lower case:
CO2 Carbon dioxide
CO Carbon monoxide
EPA United States Environmental
Protection Agency
FAA Federal Aviation Administration,
United States Department of
Transportation
g Gram(s)
HC Hydrocarbon(s)
HP Horsepower
hr Hour(s)
H2O Water
kg Kilogram(s)
kJ Kilojoule(s)
kN Kilonewton(s)
kW Kilowatt(s)
lbf Pound force
LTO Landing and takeoff
m Meter(s)
mg Milligram(s)
mg Microgram(s)
min Minute(s)
MJ Megajoule(s)
NOX Oxides of nitrogen
nvPM Non-volatile particulate matter
nvPMmass Non-volatile particulate
matter mass
nvPMMC Non-volatile particulate
matter mass concentration
nvPMnum Non-volatile particulate
matter number
Pa Pascal(s)
rO Rated output
rPR Rated pressure ratio
sec Second(s)
SP Shaft power
SN Smoke number
T Temperature in degrees Kelvin
TIM Time in mode
°C Degrees Celsius
% Percent
■ 4. Revise and republish § 34.3 to read
as follows:
§ 34.3
General requirements.
(a) This part provides for the approval
or acceptance by the Administrator or
the Administrator of the EPA of testing
and sampling methods, analytical
techniques, and related equipment not
identical to those specified in this part.
Before either approves or accepts any
such alternate, equivalent, or otherwise
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nonidentical procedures or equipment,
the Administrator or the Administrator
of the EPA shall consult with the other
in determining whether or not the
action requires rulemaking under
sections 231 and 232 of the Clean Air
Act, as amended, consistent with the
responsibilities of the Administrator of
the EPA and the Secretary of
Transportation under sections 231 and
232 of the Clean Air Act.
(b) Under section 232 of the Act, the
Secretary of Transportation issues
regulations to ensure compliance with
40 CFR part 1031. This authority has
been delegated to the Administrator of
the FAA in accordance with 49 CFR
1.47.
(c) 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) Pursuant to the definition of
‘‘aircraft’’ in 40 CFR 1031.205, 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 1031.5, 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.
(e) Reference in this regulation to 40
CFR part 1031 refers to title 40 of the
Code of Federal Regulations, chapter I—
Environmental Protection Agency, part
1031, Control of Air Pollution from
Aircraft and Aircraft Engines (40 CFR
part 1031).
(f) This part contains regulations that
implement compliance with certain
standards contained in 40 CFR part
1031. If EPA takes any action, including
the issuance of an exemption or
issuance of a revised or alternate
procedure, test method, or other
regulation, the effect of which is to relax
or delay the effective date of any
provision of 40 CFR part 1031 that is
made applicable to an aircraft under this
part, the Administrator of FAA will
grant a general administrative waiver of
the more stringent requirements until
this part is amended to reflect the
requirements relaxed by EPA.
(g) Unless otherwise stated, all
terminology and abbreviations in this
part that are defined in 40 CFR part
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1031 have the meaning specified in that
part, and all terms in 40 CFR part 1031
that are not defined in that part but that
are used in this part have the meaning
given them in the Clean Air Act, Public
Law 91–604, as amended.
(h) All interpretations of 40 CFR part
1031 that are promulgated by the EPA
also apply to this part.
(i) If the EPA, under 40 CFR part
1031, approves or accepts any testing
and sampling procedures or methods,
analytical techniques, or related
equipment not identical to those
specified in that part, this part requires
an applicant to show that such alternate,
equivalent, or otherwise non-identical
procedures have been complied with,
and that such alternate equipment was
used to show compliance, unless the
applicant elects to comply with those
procedures, methods, techniques, and
equipment specified in 40 CFR part
1031.
(j) If the EPA, under 40 CFR 1031,
prescribes special test procedures for
any aircraft or aircraft engine that is not
susceptible to satisfactory testing using
the procedures in 40 CFR part 1031, the
applicant must demonstrate to the FAA
Administrator that they are in
compliance with those special test
procedures.
(k) Wherever 40 CFR part 1031
requires agreement, acceptance, or
approval by the Administrator of the
EPA, this part requires a showing that
such agreement or approval has been
obtained.
(l) Pursuant to 42 U.S.C. 7573, no
state or political subdivision thereof
may adopt or attempt to enforce any
standard respecting emissions of any air
pollutant from any aircraft or engine
thereof unless that standard is identical
to a standard made applicable to the
aircraft by the terms of this part.
(m) If EPA, by regulation or
exemption, relaxes a provision of 40
CFR part 1031 that is implemented in
this part, no state or political
subdivision thereof may adopt or
attempt to enforce the terms of this part
that are superseded by the relaxed
requirement.
(n) If any provision of this part is
rendered inapplicable to a foreign
aircraft as provided in 40 CFR 1031.5
(international agreements), and
paragraph (d) of this section, that
provision may not be adopted or
enforced against that foreign aircraft by
a state or political subdivision thereof.
(o) For exhaust emissions
requirements of this part that apply
beginning February 1, 1974, January 1,
1976, January 1, 1978, January 1, 1984,
and August 9, 1985, continued
compliance with those requirements is
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shown for engines for which the type
design has been shown to meet those
requirements, if the engine is
maintained in accordance with
applicable maintenance requirements of
14 CFR chapter I. All methods of
demonstrating compliance and all
model designations previously found
acceptable to the Administrator shall be
deemed to continue to be an acceptable
demonstration of compliance with the
specific standards for which they were
approved.
(p) Each applicant must allow the
Administrator to make, or witness, any
test necessary to determine compliance
with the applicable provisions of this
part.
■ 5. Amend Subpart A by adding § 34.4
to read as follows:
§ 34.4
Incorporation by Reference.
Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51). All approved material is
available for inspection at the FAA and
at the National Archives and Records
Administration (NARA). Contact the
FAA Office of Rulemaking (ARM), 800
Independence Avenue SW, Washington,
DC 20590 (telephone 202–267–9677)
For information on the availability of
this material at NARA, visit
www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@
nara.gov.
(a) The material may be obtained from
the following source: International Civil
Aviation Organization (ICAO):
Document Sales Unit, 999 University
Street, Montreal, Quebec H3C 5H7,
Canada, phone + 1 514–954–8022, or
www.icao.int.
(1) Annex 16 to the Convention on
International Civil Aviation:
Environmental Protection, Volume II—
Aircraft Engine Emissions, Third
Edition, July 2008 (ICAO Annex 16); in
§§ 34.1 and 34.60.
(2) Annex 16 to the Convention on
International Civil Aviation:
Environmental Protection, Volume II—
Aircraft Engine Emissions, Fourth
Edition, July 2017 (ICAO Annex 16,
Volume II), in §§ 34.71 and 34.73.
(b) [Reserved]
■ 6. Amend § 34.6 by revising paragraph
(b) to read as follows:
§ 34.6
Aircraft safety.
*
*
*
*
*
(b) Consistent with 40 CFR part 1031,
if the FAA Administrator determines
that any emission control regulation in
this part cannot be safely applied to an
aircraft, that provision may not be
adopted or enforced against that aircraft
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by any state or political subdivision
thereof.
*
*
*
*
*
■ 7. Amend § 34.7 by revising paragraph
(d) to read as follows:
§ 34.7
Exemptions.
*
*
*
*
*
(d) Applicants seeking exemption
from other emissions standards of this
part and 40 CFR 1031.15. 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.
*
*
*
*
*
■ 8. Amend § 34.11 by revising
paragraph (a) and the introductory text
of paragraph (c) to read as follows:
§ 34.11 Standard for fuel venting
emissions.
(a) No liquid fuel venting emissions
shall be discharged into the atmosphere
from any new or in-use aircraft gas
turbine engine subject to the subpart.
This paragraph is directed at the
elimination of intentional discharge to
the atmosphere of fuel drained from fuel
nozzle manifolds after engines are shut
down and does not apply to normal fuel
seepage from shaft seals, joints, and
fittings.
*
*
*
*
*
(c) As applied to an airframe or an
engine, any manufacturer or operator
may show compliance with the liquid
fuel venting and emissions requirements
of this section that were effective
beginning February 1, 1974 or January 1,
1975, by any means that prevents the
intentional discharge of fuel from fuel
nozzle manifolds after the engines are
shut down. Acceptable means of
compliance include one of the
following:
*
*
*
*
*
■ 9. Amend § 34.21 by revising
paragraph (e) to read as follows:
§ 34.21
Standards for exhaust emissions.
*
*
*
*
*
(e) Smoke exhaust emissions from
each gas turbine engine shall not
exceed:
(1)(A) For Class TF of rated output
less than 26.7 kN (6,000 lbf)
manufactured on or after August 9,
1985, and before July 18, 2012:
SN = 83.6(rO)¥0.274 (rO is in kN) not to
exceed a maximum of SN = 50.
(B) For Classes TF, T3, and T8 of rated
output less than 26.7 kN (6,000 lbf)
manufactured on or after July 18, 2012,
and before January 1, 2023:
SN = 83.6(rO)¥0.274 or 50.0, whichever
is smaller.
(C) For Classes TF, T3, and T8 of rated
output of 26.7 kN (6,000 lbf) or less
manufactured on or after January 1,
2023:
SN = 83.6(rO)¥0.274 or 50.0, whichever
is smaller.
(2) For Classes T3, T8, TSS, and TF
of rated output greater than or equal to26.7 kN (6,000 lbf) manufactured on or
after January 1, 1984, and before January
1, 2023:
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).
(4) For Class TSS manufactured on or
after January 1, 2023:
31087
SN = 83.6(rO)¥0.274 (rO is in kN) not to
exceed a maximum of SN = 50.
*
*
*
*
*
§ 34.23
[Amended]
10. Amend § 34.23 by removing and
reserving paragraph (a)(1).
■
11. Amend Subpart C by adding
§ 34.25 to read as follows:
■
§ 34.25 Non-volatile particulate emissions
standards (nvPM).
The standards of this section apply to
an aircraft engine of Class TF, T3, or T8
with a rated output greater than 26.7 kN
that is manufactured after January 1,
2023. Where a maximum nvPMMC
standard is expressed as a formula,
calculate and round the standard to the
nearest 1.0 mg/m3. Where an nvPMmass
standard is expressed as a formula,
calculate and round the standard to
three significant figures or to the nearest
0.1 mg/kN. Where an nvPMnum standard
is expressed as a formula, calculate and
round the standard to three significant
figures. Engines comply with an
applicable standard if the test results
show that the engine type certificate
family’s characteristic level does not
exceed the numerical level of the nvPM
standard when tested as described in
subpart H of this part.
(a) Except as provided in paragraph
(b) or (c) of this section;
(1) The characteristic level for the
maximum nvPMMC expressed in units
of mg/m3 must not exceed the following:
nvPMMC = 10(3∂2.9r0–0.274)
and
(2) The characteristic level for nvPM
mass expressed in [mg/kN] and for
nvPM number expressed in [particles/
kN] must not exceed the following:
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TABLE 1 TO PARAGRAPH (a)(2)
Class
Rated output
(rO)
(kN)
nvPMmass
(mg/kN)
nvPMnum
(particles/kN)
TF, T3, T8 ......................................
26.7 < rO ≤ 200 ............................
rO > 200 .......................................
4646.9 ¥ 21.497 (rO) ..................
347.5 .............................................
2.669 × 1016 ¥ 1.126 × 1014 (rO).
4.170 × 1015.
(b) For a change in type design by the
type design holder, when the
application for an amended type
certificate is filed after January 1, 2023:
(1) If the engine qualifies as a
derivative engine in accordance with
§ 34.48 of this part, no testing is
required for the engine to use the same
nvPM certificated parameters (nvPMmass,
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nvPMnum, and maximum nvPMMC) as
the engine it is derived from; or
(2) If the engine does not qualify as a
derivative engine in accordance with
§ 34.48 of this part, the applicant must
demonstrate compliance with each
requirement in paragraph (a) of this
section.
(c) For issuance of an original type
certificate when an application for type
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Fmt 4700
Sfmt 4700
certification is filed after January 1,
2023, the applicant must demonstrate
that the engine does not exceed:
(1) For maximum nvPMMC: as
prescribed in paragraph (a)(1) of this
section; and
(2) For the characteristic level for
nvPMmass expressed in units of [mg/kN],
and for nvPMnum expressed in units of
[particles/kN], the following:
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TABLE 2 TO PARAGRAPH (c)(2)
Class
Rated output
(rO)
(kN)
nvPMmass
(mg/kN)
nvPMnum
(particles/kN)
TF, T3, T8 ......................................
26.7 < rO ≤ 150 ............................
rO > 150 .......................................
1251.1 ¥ 6.914 (rO) ....................
214.0 .............................................
1.490 × 1016 ¥ 8.080 × 1013 (rO).
2.780 × 1015.
12. Amend § 34.48 by revising
paragraph (a) introductory text and
paragraph (b) to read as follows:
■
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§ 34.48 Derivative engines for emissions
certification purposes.
(a) General. A type certificate holder
may request from the FAA a
determination that an engine
configuration is considered a derivative
engine for emissions certification
purposes (all gaseous emissions and
either nvPM or smoke number as
applicable). To be considered a
derivative engine for emissions
certification 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:
*
*
*
*
*
(b) Emission 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 within the following
ranges and values:
(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 (where
applicable).
(v) The following values apply for
maximum nvPMMC, nvPMmass, and
nvPMnum (where applicable):
(A) maximum nvPMMC:
(1) ±200 mg/m3 if the characteristic
level of maximum nvPMMC is below
1,000 mg/m3; or
(2) ±20% of the characteristic level if
the characteristic level for maximum
nvPMMC is at or above 1,000 mg/m3.
(B) nvPMmass:
(1) 80 mg/kN if the characteristic level
for nvPMmass emissions is below 400
mg/kN; or
(2) ±20% of the characteristic level if
the characteristic level for nvPMmass
emissions is greater than or equal to 400
mg/kN.
(C) nvPMnum:
(1) 4 × 1014 particles/kN if the
characteristic level for nvPMnum
emissions is below 2×1015 particles/kN;
or
(2) ±20% of the characteristic level if
the characteristic level for nvPMnum
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emissions is greater than or equal to 2
× 1015 particles/kN.
(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.
(3) In unusual circumstances and
consistent with good engineering
judgement, the FAA may adjust the
ranges specified in paragraph (b)(1) of
this section to evaluate a proposed
derivative engine.
*
*
*
*
*
■ 13. Amend § 34.60 by revising
paragraph (h) to read as follows:
§ 34.60
Introduction.
*
*
*
*
*
(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 (incorporated by
reference, see § 34.4).
■ 14. Add subpart H to read as follows:
Subpart H—Test Procedures and
Compliance Demonstration for Non-Volatile
Particulate Matter Emissions
34.71 Non-Volatile Particulate Matter
(nvPM) Test Procedures.
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34.73 Demonstration of compliance for
nvPM emissions.
Subpart H—Test Procedures and
Compliance Demonstration for NonVolatile Particulate Matter Emissions
§ 34.71 Non-volatile particulate matter
(nvPM) test procedures.
For each Class TF, T3, or T8 engine
manufactured after January 1, 2023, that
has a rated output greater than 26.7 kN,
the test procedures for measuring each
required nvPM parameter are as follows:
(a) Measure the emissions of all nvPM
parameters required in this part, as
applicable.
(b) Collect data from at least three
engine tests, with each test conducted at
the reference LTO time/thrust
combinations shown in paragraph (h) of
this section.
(c) For the engines referenced in
paragraph (b) of this section, all
emissions certification tests may be
conducted on one or more engines of
the same type design.
(d) Use a test fuel that meets the
specifications described in Appendix 4
of ICAO Annex 16, Volume II
(incorporated by reference, see § 34.4).
The test fuel must not have any additive
whose purpose is to suppress nvPM
emissions.
(e) (1) When conducting test
measurements in accordance with
paragraphs (a) through (c) of this
section, use the equipment and
procedures specified in Appendix 1,
Appendix 4, Appendix 6, and Appendix
7 of ICAO Annex 16, Volume II
(incorporated by reference, see § 34.4),
when demonstrating whether an engine
meets the applicable nvPM limit
specified in § 34.25 of this part.
(2) An applicant that seeks to use a
procedure or equipment that differs
from any specified in this part must
request FAA approval in writing with
supporting justification before the
alternative procedure or equipment may
be used to demonstrate compliance. The
FAA will consult with the EPA on any
such request. The FAA may approve the
requested alternative for measuring
nvPM, including testing and sampling
methods, analytical techniques, and
equipment specifications. Each request
must meet one of the following
conditions:
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that take into account the number of
engines tested in accordance with
§ 34.71(b) of this part; and
(3) Rounding each characteristic level
to the same number of decimal places as
the corresponding emission limit.
(b) In demonstrating compliance with
this subpart, an applicant must use the
nvPM measurements collected in
accordance with § 34.71 as follows:
(1) An engine complies with an
applicable standard when the engine
type certificate family’s characteristic
level does not exceed any nvPM limit
described in § 34.25 of this part; and
(2) A compliance demonstration
consists of:
(i) Determining the maximum
nvPMMC, and the mean value for
nvPMmass and nvPMnum from the data
collected in accordance with paragraph
§ 34.71(f) of this part;
(ii) Correcting each data point to
standard temperature and pressure
conditions;
(iii) Applying the appropriate
statistical factor shown in Table 6–1 of
Appendix 6 of ICAO Annex 16, Volume
TABLE 1 TO PARAGRAPH (h)
II (incorporated by reference, see § 34.4)
to account for the number of engines
Class
tested; and
TF, T3, T8
Mode
(iv) Rounding each characteristic level
TIM (min)
% of rO
to the same number of decimal places as
the corresponding nvPM limit in § 34.25
Taxi/idle ................
26.0
7
Takeoff ..................
0.7
100 of this part.
(c) (1) In determining maximum
Climbout ................
2.2
85
Descent .................
NA
NA nvPMMC, an applicant must use one of
Approach ..............
4.0
30 the following evaluation methods for all
engines measured in accordance with
§ 34.71(c) of this par and using the
(i) An engine complies with an
thrust settings given in § 34.71(h) of this
applicable limit if the test results show
part. An applicant may choose to
that the engine type certificate family’s
characteristic level does not exceed any measure additional thrust settings;
while there is no restriction on the
limit for maximum nvPMMC, nvPMnum,
number of thrust settings measured, the
and nvPMmass described in § 34.25.
(j) All measurements collected during same thrust settings must be used on
engine tests required in paragraph (b) of each engine tested. A dataset consists of
nvPMMC measurements made at each
this section must be used in the
thrust setting across the thrust range
calculation of nvPM. Before any
chosen by the applicant for each engine.
calculations are made, the FAA must
Plot all nvPMMC measurements versus
approve the exclusion of any
thrust setting.
measurements that the applicant seeks
(i) Method 1—
to exclude, including any justification
(A) Average the individual data points
for such exclusions.
measured at each thrust setting to
(k) The system and procedure for
develop one dataset of nvPM mass
sampling and measurement of gaseous
concentration for each engine tested,
emissions shall be as specified by
creating an average dataset for each
Appendices 1, 4, 6, and 7 of ICAO
engine; and
Annex 16, Volume II (incorporated by
(B) Use the averages generated in
reference, see § 34.4).
paragraph (c)(1) of this section to
§ 34.73 Demonstration of compliance for
develop a single curve fit to determine
nvPM emissions.
the overall maximum nvPMMC value;
(a) Each compliance demonstration by
(ii) Method 2—
an applicant requires:
(A) Measure individual data points of
(1) Establishing a mean value from
nvPMMC versus thrust. Using all
tests conducted on one or more engines; datasets generated for each engine
(2) Calculating a ‘‘characteristic level’’ physically tested, develop a single,
by applying a set of statistical factors
separate curve fit;
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(i) The engine cannot be tested using
a specified procedure; or
(ii) The alternative procedure is
shown to be equivalent to, or more
accurate or precise than, the specified
procedure.
(f) Any engine accessory included in
a type design that may reasonably be
expected to influence either nvPM
emissions or measurements must be
installed on the engine before testing.
The test engine must not extract shaft
power or bleed service air to provide
power to auxiliary gearbox-mounted
components necessary to drive aircraft
systems;
(g) For each percentage of rated
output thrust level prescribed in
paragraph (h) of this section, a test
engine must reach and maintain a
steady operating condition before any
nvPM emission measurement is made;
(h) The following landing and takeoff
(LTO) cycles apply for nvPM emissions
testing and for calculating weighted
LTO values:
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31089
(B) Determine the maximum nvPMMC
from each engine curve fit resulting
from paragraph (c)(1) of this section;
and
(C) If more than one engine is
physically tested, average the nvPMMC
values from paragraph (c)(2) of this
section to determine the overall
maximum nvPMMC value for the model
tested; or
(iii) Method 3—
(A) Develop a curve fit of nvPMMC
versus thrust for each test conducted on
each engine physically tested;
(B) From each curve fit developed in
paragraph (c)(1) of this section, use the
resultant curve fit equation to solve for
each maximum;
(C) Average the maximum values for
each engine physically tested; and
(D) Average the maximum values
determined in paragraph (c)(1)(iii)(C) of
this section to determine the overall
average maximum nvPMMC value.
(2) Using the data measured in
§ 34.71(b) of this part, determine the
nvPM characteristic levels for nvPMnum
and nvPMmass as follows:
(i) Average all nvPMnum and nvPMmass
measurements in units of number of
particles per kN or mg per kN, as
applicable, from each emissions test at
each percentage of rated output thrust
setting;
(ii) Multiply the averaged
measurement from paragraph (a)(2)(i) of
this section by the appropriate time in
mode (TIM) as shown in § 34.71(h);
(iii) Sum the products from paragraph
(a)(2)(ii) of this section to determine the
LTO values for nvPMnum and nvPMmass;
and
(iv) Divide the result of paragraph
(a)(2)(iii) of this section by the
characteristic level factor, shown in
Table A6–1 of Appendix 6 of ICAO
Annex 16, Volume II (incorporated by
reference, see § 34.4), for the number of
engines physically tested to determine
the nvPMmass and nvPMnum
characteristic values.
(d) The data used to determine the
regressed curves must meet a 90%
confidence interval, CI90, limit of ±1.5%
of each nvPM limit specified in § 34.25
of this part. If a certification test fails to
meet the CI90 limit, the engine type may
still comply with the requirements.
Failure may be caused by excessive data
scatter, too few data points, or erroneous
data used to regress an accurate curve.
Without deleting or removing any prior
measurement data, additional data
acquired from further tests may improve
the CI90 by adding to the sample
population.
(e) The following information must be
reported to the FAA substantiating
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31090
Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Rules and Regulations
compliance with nvPM limits of § 34.25
of this part:
(1) The values of nvPM emissions
measured and computed in accordance
with the procedures and calculated as
required by this subpart in § 34.71 of
this part and paragraphs (a) through (d)
of this section;
(2) For each engine tested:
(i) Engine model, series, and serial
number;
(ii) Rated thrust (kN);
(iii) Overall pressure ratio;
(iv) The methods of data acquisition;
and
(v) The method of data analysis
chosen by the applicant under
paragraphs (a) through (d) of this
section.
(3) Demonstration that the fuel used
for each test is in compliance with the
fuel specification listed in Appendix 4
of ICAO Annex 16, Volume II
(incorporated by reference, see § 34.4).
For the fuel used for nvPM emissions
certification, include the following fuel
characteristics:
(i) Hydrogen/carbon ratio;
(ii) Net heat of combustion (MJ/kg);
(iii) Hydrogen content (mass per cent);
(iv) Total aromatics content (volume
per cent);
(v) Naphthalene content (volume per
cent); and
(vi) Sulfur content (ppm by mass).
(4) For each engine tested for
certification purposes, the following
values measured and computed in
accordance with the procedures of
§ 34.71 of this part:
(i) Fuel flow (kg/s) at each thrust
setting of the LTO cycle;
(ii) nvPM EImass (mg/kg of fuel) at each
thrust setting of the LTO cycle;
(iii) nvPM mass emission rate [nvPM
EImass × fuel flow] in mg/s;
(iv) nvPM EInum (particles/kg of fuel)
at each thrust setting of the LTO cycle;
(v) nvPM number emission rate
[nvPM EInum × fuel flow] in particles/s;
(vi) Total gross emissions of nvPM
mass measured over the LTO cycle in
mg;
(vii) Total gross emissions of nvPM
number measured over the LTO cycle in
particles;
(viii) LTO nvPMmass/thrust in mg/kN;
(ix) LTO nvPMnum/thrust in particles/
kN; and
(x) Maximum nvPMMC in mg/m3; and
(5) For each engine tested for
certification purposes, the characteristic
levels for the maximum nvPMMC, the
LTO nvPMmass/thrust, and the LTO
nvPMnum/thrust.
Issued under authority provided in 42
U.S.C 4321 et seq., 7572, 49 U.S.C. 106(f),
VerDate Sep<11>2014
15:31 Apr 23, 2024
Jkt 262001
40113, 44701–44702, 44703, and 44704, in
Washington, DC.
Michael G. Whitaker,
Administrator.
[FR Doc. 2024–08453 Filed 4–23–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0317]
RIN 1625–AA00
Safety Zone; San Diego Bay, San
Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the San Diego Bay. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
during the XPONENTIAL 2024
demonstration. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector San Diego.
DATES: This rule is effective from 8a.m.
on April 22, 2024, to 1 p.m. on April 25,
2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0317 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this rule, call
or email Lieutenant Shelley Turner,
Waterways Management Sector San
Diego, U.S. Coast Guard; telephone 619–
278–7261, email Shelley.E.Turner@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
provision authorizes an agency to issue
a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it
impracticable. The Coast Guard did not
receive adequate notice to solicit
comments provide prior notice on the
need for the safety zone. We must forgo
notice and comment to provide safety to
protect personnel, vessels, and the
marine environment from potential
hazards during the demonstration.
Also, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
the Coast Guard must establish this
safety zone by April 22, 2024 to protect
the public and property in the area.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector San Diego
(COTP) has determined that potential
hazards associated with the
XPONENTIAL 2024 demonstration from
April 22, 2024, to April 25, 2024, will
be a safety concern for anyone within a
100-yard distance from the proposed
zone. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone during the
demonstration.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8 a.m. on April 22, 2024, to 1 p.m.
on April 25, 2024. The safety zone will
cover all navigable waters within 100
yards of the following coordinates;
32°42′16.81″ N 117°09′58.72″ W,
32°42′10.57″ N 117°10′04.98″ W, 32°41′
57.10″ N 117°09′46.17″ W, 32°42′08.28″
N 117°09′33.50″ W, 32°42′14.00″ N
117°09′44.63″ W, 32°42′09.58″ N
117°09′49.26″ W, 32°42′16.81″ N
117°09′58.72″ W. The duration of the
zone is intended to protect personnel,
vessels, and the marine environment in
these navigable waters while the
XPONENTIAL 2024 demonstration is
being conducted. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative.
E:\FR\FM\24APR1.SGM
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Agencies
[Federal Register Volume 89, Number 80 (Wednesday, April 24, 2024)]
[Rules and Regulations]
[Pages 31078-31090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08453]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 34
[Docket No.: FAA-2023-2434; Amdt. No. 34-7]
RIN 2120-AL83
Control of Non-Volatile Particulate Matter From Aircraft Engines:
Emission Standards and Test Procedures
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action adopts standards for measuring non-volatile
particulate matter (nvPM) exhaust emissions from aircraft engines. With
this rulemaking, the FAA implements the nvPM emissions standards
adopted by the Environmental Protection Agency (EPA), allowing
manufacturers to certificate engines to the new nvPM emissions
standards in the United States, and fulfilling the statutory
obligations of the FAA under the Clean Air Act.
DATES: This rule is effective May 24, 2024.
The incorporation by reference of a certain publication listed in
this rule is approved by the Director of the Federal Register as of May
24, 2024. The incorporation by reference of a certain other publication
listed in this rule was approved by the Director of the Federal
Register as of December 31, 2012 (77 FR 76842).
Comments on this rule must be received by June 24, 2024.
ADDRESSES: You may send comments identified by docket number using any
of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov and
follow the online instructions for sending your comments
electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: 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 holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or visit 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.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Ralph Iovinelli, Office of Environment and Energy
(AEE-300), Federal Aviation Administration, 800 Independence Ave SW,
Washington DC 20591; telephone (202) 267-3566; email
[email protected].
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator.
The Clean Air Act Amendments of 1970, title 42 of the United States
Code, Chapter 85, Subchapter II, part B, Section 7572, grant the
Secretary of Transportation the authority to ensure compliance with
aviation emission standards adopted by the United States EPA. Further,
49 CFR 1.83(c) delegates to the FAA Administrator the authority to
``[C]arry out the functions vested in the Secretary by part B of title
II of the Clean Air Act.''
This rulemaking adopts regulations to enforce the standards adopted
by the EPA under its authority in the Clean Air Act (the Act) in 40 CFR
part 1031 at the time of aircraft certification to control certain
emissions from airplane engines. This rulemaking is issued under 42
U.S.C. 7572 and 49 CFR 1.83(c).
Good Cause Statement
Section 553 of the Administrative Procedure Act (APA) (5 U.S.C.
553) requires Federal agencies to publish a notice of proposed
rulemaking unless ``. . . the agency for good cause finds (and
incorporates the finding in a brief statement of reasons therefor in
the rules issued) that notice and public procedure thereon are
impractical, 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.
This rule adopts the procedures necessary for the FAA to implement
the regulatory emissions limits and test requirements (together
referred to as standards) for nvPM emitted by aircraft engines adopted
by the EPA under 42 U.S.C. 7571 (sec. 231 of the Act) (87 FR 72312,
November 23, 2022) that were effective December 31, 2022. These
standards are set forth in 40 CFR part 1031. The FAA is statutorily
required (see 42 U.S.C. 7572 (sec. 232 of the Act)) to incorporate the
EPA's nvPM emissions standards into its regulations (14 CFR part 34)
and apply the regulatory requirements that will allow applicants to
demonstrate compliance with the emissions standards at the time of
engine airworthiness certification. The FAA has no authority to alter
the standards (emission limits and test requirements) adopted by the
EPA for engine emissions in 40 CFR part 1031.
The emission standards adopted by the EPA in 40 CFR part 1031
represent the results of widely coordinated
[[Page 31079]]
international efforts and public notice and comment rulemaking. The
FAA, EPA, industry representatives, and foreign certification
authorities all participated in a multi-year process that resulted in
the nvPM standards adopted by the International Civil Aviation
Organization (ICAO), which the EPA thereafter prescribed in 40 CFR part
1031. Because the FAA has no authority to change any of the standards
adopted by the EPA, a solicitation of comments will not result in any
substantive changes to the standards and would unnecessarily delay
their implementation.
Accordingly, the FAA finds that notice and comment on the standards
and procedures adopted in this rulemaking is unnecessary because the
FAA does not have authority to make changes to the standards or
procedures adopted by the EPA and the EPA issued its proposed rule for
notice and sought public comment on these standards and test procedures
prior to promulgating them on November 23, 2022.
Therefore, FAA finds that good cause exists under 5 U.S.C.
553(b)(3)(B) to waive prior notice and the opportunity for comment
because such procedures are unnecessary.
Although the FAA has no authority to change any of the emission
standards or procedures adopted by the EPA in accordance with the Act,
the FAA is requesting comment from interested parties regarding the
parts of this rulemaking that adopt the certification regulations in 14
CFR part 34 and implement them at the time of aircraft engine
certification. The FAA will review and consider any comments received.
Notice of any action the FAA takes as a result of a comment will be
published in the Federal Register.
Comments Invited
The FAA encourages interested persons to participate in this
rulemaking by submitting written comments containing relevant
information, data, or views. The FAA also invites comments relating to
the economic, environmental, energy, or federalism impacts that might
result from the adoption of these requirements. While the FAA cannot
amend the substance of the rule based on comments, it may take them
under advisement for future actions. The FAA will consider comments
received on or before the closing date for comments. The FAA will also
consider late filed comments to the extent practicable.
See section VII., ``How to Obtain Additional Information,'' for
information on how to comment on this final rule and how the FAA will
handle comments received. That section also contains related
information about the docket, privacy, and the handling of proprietary
or confidential business information. In addition, there is information
on obtaining copies of related rulemaking documents.
I. Executive Summary
This rulemaking adopts the regulations necessary for the Federal
Aviation Administration (FAA) to implement the Environmental Protection
Agency's (EPA) new aircraft engine emissions standards and
certification test procedures for non-volatile particulate matter
(nvPM) that were effective December 23, 2022.\1\ The nvPM standards
replace the historical smoke number (SN) requirements for certain
larger aircraft engines and create new standards to address
nvPMmass and nvPMnumber.
---------------------------------------------------------------------------
\1\ 87 FR 72312--Control of Air Pollution From Aircraft Engines:
Emission Standards and Test Procedures.
---------------------------------------------------------------------------
Since the EPA and FAA share the authority for aircraft engine
emission standards under the Clean Air Act (the Act),\2\ this action
modifies 14 CFR part 34 (part 34) by adopting maximum nvPM mass
concentration (nvPMMC) as the standard that addresses
emissions plume invisibility, limits for nvPMMC, and limits
for nvPM mass (nvPMmass) and nvPM number
(nvPMnum), for certain classes of subsonic turbofan engine
emissions. As part of this action, the FAA is incorporating by
reference the ICAO test procedures needed to measure nvPM at
certification and adding the definitions and abbreviations to part 34
that are used in the nvPM certification standards. The new nvPM
emissions standards apply to engines having a rated output greater than
26.7 kilonewtons (kN). The FAA is also amending its regulations to
reflect the EPA's application of smoke number (SN) standards to all new
supersonic engines regardless of size, and by adopting the same
clarifying language promulgated by the EPA for the current fuel venting
standard.
---------------------------------------------------------------------------
\2\ Clean Air Act mandates under 42 U.S.C. 7571 and 7572--
Establishment and Enforcement of Standards. 42 U.S.C. 7571:
Establishment of standards (house.gov) and 42 U.S.C. 7572:
Enforcement of standards (house.gov)
---------------------------------------------------------------------------
The FAA is adopting the same nvPM emissions limits as those
promulgated by the EPA and ICAO. Engine manufacturers are already
complying with ICAO nvPM standards; this rule will not cause
manufacturers to incur additional costs to certificate an engine in the
United States. Manufacturers would likely incur higher costs if this
rule is not implemented, since they would be required to seek
certification with a non-U.S. authority to remain competitive globally.
More detail on the cost analysis is provided in Section V. A. of this
document.
This final rule fulfills FAA's obligation to implement EPA's new
emissions standards for U.S. civil aircraft and conforms U.S.
regulations with the standards and recommended practices (SARPs)
adopted by ICAO.
II. Background
Aircraft engine exhaust is comprised of gaseous compounds, and of
particulate matter that contributes to both visible plume exhaust and
atmospheric particulate matter. Particulate matter emissions include
both volatile and non-volatile components. Non-volatile particulate
matter (nvPM) is emitted directly from the engine and is comprised of a
small amount of carbon particles (or ``soot'') that did not fully
convert to the gaseous form of carbon dioxide (CO2) during
the combustion process. Volatile particulate matter (vPM) condenses and
agglomerates in the aircraft exhaust plume or where the gaseous
emissions from the plume react with ambient chemicals present in the
atmosphere. Since vPM are affected by atmospheric conditions and
undergo rapid changes when emitted, they are difficult to predict or
measure accurately. This rule does not address vPM, nor are there
international standards for aircraft engine vPM emissions.
In 1973, the U.S. first addressed particulate matter emissions by
adopting the smoke number (SN) standards of part 34 that focused on
visible aircraft exhaust plumes. The SN standard was established to
eliminate the visible particulate matter directly emitted by aircraft
engines, rendering exhaust plumes invisible to the human eye. SN is
determined by measuring the opacity of a filter after soot has been
collected on it during the engine emissions certification test required
by Sec. 34.23(a).
In 2013, ICAO recognized that measuring nvPM emissions allowed a
more comprehensive approach to controlling visible aircraft exhaust
plumes by describing the nvPM emissions that are most likely to impact
human health and welfare, and by establishing regulatory limits for
them. As a result, the ICAO Committee on Aviation Environmental
Protection (CAEP) began the first of two standard-setting actions work
programs in its tenth triennial cycle (CAEP/10, 2013-2016) to
incorporate non-volatile particulate matter emissions measurement and
limits in ICAO's
[[Page 31080]]
SARPs for turbofan engines greater than 26.7 kilonewtons (kN) of rated
thrust.
As part of its first standard setting action, ICAO recognized that
the measurement known as maximum nvPM mass concentration
(nvPMMC) is a more accurate and modern replacement for the
optical visibility standard represented by the long-standing SN
standard. The visibility limit for nvPMMC was developed by
ICAO using both measured SN and nvPMMC data from several
modern engines to derive a SN-to-nvPMMC correlation. This
correlation was then used to transfer the existing regulatory SN limit
into an equivalent nvPMMC limit without increasing
stringency. The nvPMMC measurement standard maintains the
standard of invisibility of the exhaust plume that was achieved using
SN but uses modern testing methodologies. The ICAO/CAEP analysis
confirmed that an nvPMMC standard at maximum concentration
is equivalent to the existing SN standard in controlling exhaust plume
visibility.
In 2017, ICAO adopted the nvPMMC standard for engines
with a rated output of greater than 26.7 kN to provide for a more
precise measurement of particulate matter exhaust emissions than was
possible using the SN standard. The ICAO SARP that included the
nvPMMC standard was effective January 1, 2020, officially
replacing ICAO's SN standard for civil subsonic aircraft engines that
produce more than 26.7 kN of rated thrust.
From 2016 to 2019 (the CAEP/11 triennial cycle), ICAO set standards
for two additional parameters for nvPM emissions from affected aircraft
engines: nvPM mass (nvPMmass) and nvPM number
(nvPMnum) as the second of the two standard-setting actions.
These nvPM standards were directed at controlling emissions from larger
aircraft engines by addressing nvPM levels that are produced near
airports, measuring nvPM \3\ during landing and takeoff (LTO) cycles.
The ICAO SARP that included the nvPMmass and
nvPMnum standards was effective January 1, 2023, for the
same engines to which the nvPM mass concentration SARP applied.
---------------------------------------------------------------------------
\3\ ICAO SARPs address only aircraft engines large enough to be
used on international flights, ICAO leaves the regulation of smaller
engines likely to be operated only domestically to the member
States.
---------------------------------------------------------------------------
As a signatory State to the Chicago Convention, the United States
must establish standards that have the highest practicable degree of
uniformity to the ICAO SARPs, or file a difference. By implementing the
standards promulgated by EPA \4\ that included ICAO's nvPM emissions
standards, this rulemaking is the final action the United States needs
to take to conform U.S. nvPM certification standards to the ICAO SARPs.
This rule incorporates into 14 CFR part 34 the aircraft engine nvPM
emissions standards adopted by the EPA in 40 CFR part 1031 that are
required when certificating certain aircraft engines in the United
States.
---------------------------------------------------------------------------
\4\ The EPA final rule that amended 40 CFR part 1031 was
published at 87 FR 72312 (November 22, 2022).
---------------------------------------------------------------------------
III. Summary of Regulatory Changes
This final rule adopts the emissions levels and test requirements
that will allow the FAA to certificate aircraft engines to the nvPM
emissions standards developed by ICAO and made effective in the United
States by the EPA on December 23, 2022. These new nvPM standards apply
to subsonic aircraft turbofan engines having a rated output greater
than 26.7 kN.\5\ As a practical matter, the new nvPM emission standards
allow engine manufacturers to use the same probe and rake collection
system used to measure gaseous pollutants to simultaneously measure
nvPM emissions for certification purposes. This simultaneous
measurement eliminates the separate SN collection and measurement of
soot on filter paper, reducing the amount of fuel needed to conduct
separate engine tests, and making the component emissions measurements
more representative of an engine's output.
---------------------------------------------------------------------------
\5\ In 2003, ICAO found that ``[T]here was an insignificant
impact on the environment from aircraft engines of less than 26.7 kN
(6000lb) thrust, and the cost of emissions reduction for these
engines was high. There was no evidence to support emissions
regulation for these small engines.'' The 26.7kN applicability for
emissions has been the accepted standard in FAA part 34 regulations
such as Sec. Sec. 34.21(d)(1) and 34.23(a)(1).) ICAO has left
emissions regulation of engines with lesser output to the discretion
of the member States.
---------------------------------------------------------------------------
The new nvPM emissions standard has three parameters: maximum
nvPMMC, nvPMmass, and nvPMnum. Maximum
nvPMMC ensures the measurement continuity for visible
particle emissions that SN established. nvPMmass, measures
the total weight (mass) of the non-volatile carbon particles emitted
during a time-weighted landing and takeoff (LTO) test cycle.
nvPMnum is a measurement of the number of non-volatile
carbon particles emitted during the same time-weighted LTO test cycle.
The addition of nvPMmass and nvPMnum represents
the first time the component characteristics of non-volatile emissions
are being measured. The ability to identify and measure these
components will allow regulatory authorities to establish more
stringent limits in the future as a means to better protect human
health and welfare. For a comprehensive discussion of the health
effects of particulate matter on humans, see the preamble to EPA's
final rule for nvPM at 87 FR 72319 (Nov 23, 2022).
The nvPM test and measurement procedures require the use of
additional equipment and procedures compatible with those currently in
use for measuring gaseous pollutants. The FAA is both incorporating by
reference the nvPM test and measurement procedures described in ICAO
Annex 16, Volume II (as adopted by the EPA), and adding additional test
procedures in new Sec. Sec. 34.71 and 34.73 in order to fully
implement the EPA's standards.
In addition to the nvPM standards and methods described, the FAA
has included other minor, nonsubstantive changes to the existing
emissions regulations as they relate to nvPM to make part 34 consistent
with the EPA regulations of 40 CFR part 1031, as described in Section H
below. The FAA has also created a centralized incorporation by
reference (IBR) section to index the ICAO materials that part 34
incorporates by reference, as described in Section G, below.
IV. Discussion of This Final Rule
This final rule establishes the certification standards for
nvPMMC, nvPMmass, and nvPMnum
emissions from certain classes of subsonic engines that have a rated
output greater than 26.7 kN, and adopts the associated test procedures
established by ICAO and adopted by the EPA at 87 FR 72319 (Nov 23,
2022) required for certification in the United States. These
regulations replace SN with nvPM as the required emission standard for
particulate matter for applicable engines, as adopted by the EPA. None
of the changes made in this rule adding nvPM measurements as a
requirement for certain engines are meant to affect the SN requirements
for engines of any class having a rated output of 26.7 kN or less, for
turboprop engines (Class TP), or for supersonic engines (Class TSS).
The nvPM requirement is adopted in Sec. 34.25, and the test
requirements in a new Subpart H to part 34 comprised of Sec. Sec.
34.71 and 34.73. This rulemaking adds nvPM characteristics to the
requirements for a finding of similarity of a derivative engine in
Sec. 34.48. These substantive changes are described as follows.
[[Page 31081]]
A. Addition of Maximum nvPM Mass Concentration Standards for Aircraft
Engines--Sec. Sec. 34.25(a)(1) and 34.25(c)(1)
For Class TF, T3, or T8 engines (regulated classes of large
turbofan engines) with a rated output greater than 26.7 kN, this rule
replaces the SN requirement with a measurement of a maximum nvPM mass
concentration (nvPMMC) limit in micrograms per cubic meter
[[mu]g/m\3\]. This action maintains the standard that aircraft engine
exhaust plumes remain invisible, which was the intent of the ICAO
standards adopted in the United States by the EPA. When determining
nvPMMC, values must be obtained from measurements made
across the entire thrust range of an engine. The characteristic level
of the measured maximum nvPMMC value may not exceed the
regulatory limit established using the formula in Sec. 34.25. The
required test procedures and compliance demonstration for nvPM are
discussed in section I.
B. Addition of nvPM Mass and nvPM Number Standards for Aircraft
Engines--Sec. Sec. 34.25(a)(2) and 34.25(c)(2)
The standards for nvPMmass and nvPMnum apply
to all subsonic turbofan and turbojet engines that have a rated output
greater than 26.7 kN. The nvPMmass limit is the mass of
emissions of nvPM expressed in milligrams (mg) divided by kN of rated
thrust, as determined over the LTO cycle. The nvPMnum limit
is the number of particles divided by kN of rated thrust, as determined
over the LTO cycle.
An engine for which an application for an original type certificate
is submitted on or after January 1, 2023, is subject to the
nvPMmass and nvPMnum emission limits of Sec.
34.25. An engine that was type certificated before January 1, 2023, for
which an application for type design modification is submitted on or
after January 1, 2023, is also subject to the nvPMmass and
nvPMnum emission limits of Sec. 34.25. This date is
consistent with the effective date of the EPA final rule that adopted
these standards.
The FAA is incorporating by reference into part 34 the nvPM test
and measurement procedures of ICAO Annex 16, Volume II, Appendices 4, 6
and 7. The EPA incorporated these appendices and Appendix 8, which is
not relevant to FAA regulations,\6\ This incorporation by reference
continues the FAA use of these procedures in part 34 to conform to
accepted international standards. These requirements are discussed in
Section I of this document.
---------------------------------------------------------------------------
\6\ Control of Air Pollution From Aircraft Engines: Emission
Standards and Test Procedures quotes ``The EPA is incorporating by
reference Appendix 8 of Annex 16, Volume II, which outlines
procedures used to estimate measurement system losses, which are a
required element of the reporting provisions.'' page 72333 in FR Vol
87 No 225, November 23, 2022.
---------------------------------------------------------------------------
C. Smoke Number Standards in Sec. 34.21(e)
As stated in Section IV, the nvPM standards for engines with a
rated output greater than 26.7 kN are a replacement for SN requirements
in certain classes of engines. For all other classes of engines, this
rule revises Sec. 34.21(e) to group the continuing SN requirements in
one paragraph for ease of reference; the SN standards had been
scattered in various sections of part 34 as compliance dates were added
over time. Consistent with the standards adopted by the EPA and ICAO,
the SN requirements are unchanged for engines not subject to nvPM. The
applicability of Sec. 34.21(e) was modified as described here to
maintain regulatory consistency.
Section 34.21(e)(1)(A) and (B) carry forward the SN requirements
for engines of the applicable class and size produced before January 1,
2023. The SN requirements of paragraph(e)(1)(B) were misplaced in Sec.
34.23(a)(1) and referenced as a gaseous emission standard. The
requirement was moved to (e)(1)(B) and Sec. 34.23(a)(1) is marked
reserved to maintain the integrity of references to the gaseous
emissions standards of Sec. 34.23.
Paragraph (e)(1)(C) applies to described engines manufactured after
January 1, 2023, and contains a modification to the applicability of
the SN requirements to maintain consistency with EPA regulations. Over
time, regulatory changes by the U.S. and ICAO resulted in a discrepancy
of applicability between the two sets of regulations. If the United
States maintained its applicability division, an engine with exactly
26.7 kN of rated output would be subject to the SN standard in other
ICAO member States, but subject to nvPM standards in the United States.
In its rulemaking, the EPA adopted the ICAO standard for the division
between SN and nvPM applicability. The FAA is adopting the same EPA and
ICAO applicability descriptors to prevent a situation where an engine
of exactly 26.7 kN of rated output would, without reason, be subject to
two different standards. Accordingly, the SN standard for engines
manufactured on or after January 1, 2023, has been modified to apply to
engines having a rated output of 26.7 kN or less. The FAA is not aware
of any engines rated at exactly 26.7 kN, so there are no practical
consequences to this realignment, and it has no retroactive
applicability.
Section 34.21(e)(2) contains the SN requirements for certain
classes of engines manufactured on or after January 1, 1984, and before
January 1, 2023. Engines of those classes manufactured on or after
January 1, 2023, are subject to the new nvPM requirements of Sec.
34.25.
Section 34.21(e)(3) carries forward the SN standard for certain
turboprop (class TP) engines manufactured on or after January 1, 1984.
This requirement is unchanged.
Section 34.21(e)(4) makes the SN standard appliable to all
supersonic (class TSS) engines regardless of rated thrust. Because
emissions standards for supersonic engines have not yet been agreed to
internationally, these engines were not included by ICAO in the new
nvPM standard. The EPA adopted the ICAO standard for SN to apply to all
supersonic engines regardless of rated output in 40 CFR part 1031. This
regulation carries forward that requirement in part 34.
D. Fuel Venting Description Sec. 34.11
The fuel venting standard in part 34 subpart B prohibits the
discharge of fuel to the atmosphere following engine shutdown. Fuel
venting emissions are described as fuel discharge during all normal
ground and flight operations. Following discussions with the EPA and
ICAO, this rule adds the word ``liquid'' before ``fuel'' in the fuel
venting requirements to prevent the application of the regulation to
small amounts of fuel that vaporize on hot engine parts after shutdown.
Small amounts of vaporizing fuel was not the concern of the fuel
venting prohibition drafted in the 1960s, which was intended to address
the then-common practice of dumping large amounts of liquid fuel on the
ground after engine shutdown. This change will not have any effect on
the requirements for engine type certification, and is a concept
commonly understood in the industry.
E. Adding nvPM Characteristics for Derivative Engine Findings--Sec.
34.48
Section 34.48 prescribes standards for finding that an engine is a
``derivative engine for emissions purposes'' by assessing the emissions
similarity between an engine and its proposed derivative. Status as a
derivative engine determines whether the proposed derivative must
undergo complete emissions testing. The addition of an nvPM standard
requires that the derivative engine considerations also include nvPM
characteristics for engines that may be considered as a
[[Page 31082]]
derivative of an engine manufactured after January 1, 2023. These
emission similarity ranges for nvPM have been included in Sec.
34.48(b)(1)(v). Section 34.48(b)(3) is added for consistency with EPA
regulations. The requirements for nvPM testing of a derivative engine
are addressed in Sec. 34.25(b).
F. Addition of Test Procedures and Compliance Demonstration for nvPM--
Subpart H, Sec. Sec. 34.71 and 34.73
In order to implement the nvPM standards adopted by the EPA, FAA
regulations must include effective test and measurement procedures in
the emissions certification requirements for use by manufacturers.
These tests and procedures have been placed in a new subpart H to part
34 as Sec. Sec. 34.71 and 34.73.
Section 34.71 identifies the nvPM emissions test requirements, such
as the minimum number of emissions test runs required, the number of
engines of the same type design that may be used to gather test data,
and the operational conditions required for emissions certification
(Sec. 34.71 (b), (c), and (g)). The section also includes test fuel
specifications (Sec. 37.71 (d)), a description of the LTO cycle (Sec.
34.71(h)), and how to prepare and operate an engine for emissions
certification (Sec. 34.71 (f)). Section 34.71(i) states how
characteristic values, in conjunction with Table A6-1 of Annex 16 Vol
II, Appendix 6, are to be determined.
Many of the test and measurement procedures required for nvPM were
identified and described by ICAO. Section 34.71(e)(1) includes an
incorporation by reference of ICAO Annex 16, Volume II and its
Appendices requiring that those tests and procedures in the applicable
Annex appendices be used when measuring and collecting data, including
the other requirements of Sec. 34.71.
Section 34.71 (e)(2) instructs the applicant on the procedures
necessary when requesting a deviation from any of the test procedures
or compliance demonstrations of subpart H. The FAA expects that any
such deviation request would be from a test or procedure that was
included in the approved test plan, but was discovered to be unworkable
before the test is actually conducted. Any deviation proposed must be
approved by the FAA before any emissions test is conducted. The FAA
will consult with the EPA prior to making a written determination on
any requested deviation.
Section 34.71(j) requires that all measurements be included in nvPM
calculations. This section also cautions that if an applicant seeks to
exclude any measurements, that data must be submitted to the FAA with
justification for the exclusion, and that the exclusions must be
approved by the FAA before the applicant makes any nvPM calculations.
Section 34.73 requires applicants to perform a compliance
demonstration that shows the engine emissions of nvPM are within the
applicable limits provided in Sec. 34.25. A demonstration of
compliance includes calculations to determine the characteristic nvPM
emissions levels for maximum nvPMMC, nvPMmass,
and nvPMnum using the measurements collected in accordance
with Sec. 34.71. The applicant's compliance demonstration must be
conducted within 90% confidence intervals (Sec. 34.73(d)), use the
required rounding in calculations (Sec. 34.73(a)(3)), and correct for
standard temperature and pressure as prescribed in the ICAO Annex 16,
Volume II Appendix 1.
Section 34.73(c)(1) directs the applicant to conduct the minimum
number of measurements at the thrust settings given in Sec. 34.71(h).
However, this section also provides an applicant with the flexibility
to make as many additional measurements as it chooses across the entire
thrust range of an engine when measuring nvPM. More measurements
conducted across the thrust range of an engine result in improved
understanding of any trending nvPM behavior. Section 34.71(c)(1) also
allows an applicant to choose one of the three equivalent evaluation
methods listed in that section when calculating nvPMMC. Once
nvPM emissions certification testing is complete, Sec. 34.73(e)
identifies the required information to be reported to the FAA in the
emissions test report. The FAA notes that the EPA has separate
reporting requirements that are not part of this rulemaking.
G. Incorporation by Reference (IBR) Section
This final rule includes a new section, Sec. 34.4, that indexes
all material incorporated by reference in part 34. The FAA determined
that it was appropriate with this final rule to create a centralized
IBR section indexing all the materials incorporated by reference in
Part 34, for ease of reference and future revision.
The OFR has regulations concerning incorporation by reference (1
CFR part 51). These regulations require that, for a final rule,
agencies must discuss in the preamble the way in which the materials
that the agency incorporated by reference are reasonably available to
interested persons, and how interested parties can obtain the
materials. In addition, in accordance with 1 CFR 51.5(b), the agency
must summarize the material in the preamble of the final rule.
Because this rule was passed to harmonize United States regulations
with international standards, this final rule incorporates Annex 16 to
the Convention on International Civil Aviation: Environmental
Protection, Volume II--Aircraft Engine Emissions, Fourth Edition, July
2017 (ICAO Annex 16, Volume II). Appendices 1,4, 6, and of the 2017
Annex are referenced in Sec. 34.71 and 34.73, and appendices 4 and 6
of the Annex are referenced in Sec. 34.73. The content of these
appendices is described above, in sub-part F.
The 2008, Third Edition, of the Annex is referenced in Sec. Sec.
34.1 and 34.60. The incorporation by reference of the 2008, Third
Edition, of the Annex was approved by the Director of the Federal
Register as of December 31, 2012 (77 FR 76842). The new Sec. 34.4
includes the 2008 and 2017 editions of the ICAO Annex as well. All
approved material is available for inspection at the FAA. Contact the
FAA Office of Rulemaking (ARM), 800 Independence Avenue SW, Washington,
DC 20590 (telephone 202-267-9677). Interested parties can also purchase
the Annex online from ICAO at: store.icao.int/en/annexes/annex-16.
H. Miscellaneous Amendments
This rule includes the following changes to part 34 to improve the
clarity of the nonvolatile particulate matter emissions standards,
align the provisions described with those of the EPA in 40 CFR part
1031 (formerly 40 CFR part 87), and make other minor changes as
described:
(1) Definitions in Sec. 34.1. This rule adds a definition of nvPM,
and revises the definition of ``Derivative engine for emissions
certification purposes'' for consistency with EPA regulations in 40 CFR
part 1031 and ICAO Annex 16 Volume II. This rule revises the definition
of ``Reference day condition'' to include a more accurate value for
specific humidity that is recognized in the general scientific
community and is consistent with the definitions used by the EPA and
ICAO. This rule removes the definition of ``Fuel venting'' from Sec.
34.1 in favor of the more specific description of fuel venting in Sec.
34.11, where it applies.
(2) Abbreviations in Sec. 34.2: The following terms are added to
the list of abbreviations in Sec. 34.2: nvPM, nvPMMC,
nvPMmass, and nvPMnum. The abbreviation ``lb'' is
corrected to ``lbf.'' Pound force (lbf) is used in part 34 as the
English measurement equivalent of a rated output stated in kilonewton
[[Page 31083]]
(kN). The abbreviation ``lb'' refers to pounds mass. Three
abbreviations used in part 34 were found to be missing from the Sec.
34.2 list and are added in this rule: m for meter, mg for milligram(s),
and [micro]g for microgram(s). The amendment includes the full
corrected list of abbreviations used in part 34.
(3) Updated references to EPA regulations: The replacement of
references to 40 CFR part 87 with updated references to 40 CFR part
1031 in Sec. Sec. 34.3, 34.6(h) and 34.7(d). In the case of Sec.
34.3, the references were numerous, and some were more specific, such
that the FAA chose to set out the text of the entire section, rather
than describe individual instances.
(4) Updated references to 14 CFR part 34: The removal of the
acronym ``FAR,'' replacing it with an appropriate reference to the
regulations of part 34 or 40 CFR part 1031. The term ``FAR'' is not a
recognized legal reference to the regulations in Title 14 of the Code
of Federal Regulations.
V. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review''), direct that each Federal
agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify the
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. 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 that
may result in the expenditure by State, local, and tribal governments,
in the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $177 million using the most
current (2022) Implicit Price Deflator for the Gross Domestic Product.
This portion of the preamble presents the FAA's analysis of the
economic impacts of this rule.
In conducting these analyses, the FAA has determined that this
rule: will result in benefits that justify costs; is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866; will not have a significant economic
impact on a substantial number of small entities; will not create
unnecessary obstacles to the foreign commerce of the United States; and
will not impose an unfunded mandate on State, local, or tribal
governments, or on the private sector.
A. Regulatory Impact Analysis
The FAA expects minimal cost savings to result from the final rule.
The FAA will be implementing emission standards promulgated by the EPA
on November 23, 2022, which adopted the standards previously set by
ICAO. The EPA standards conform to the ICAO standards and the FAA does
not have the authority to change the emissions standards adopted by the
EPA. Manufactures are already complying with the ICAO nvPM standards to
be able to market their aircraft worldwide, so this final rule will not
place any new costs on manufacturers when engines are certificated in
the United States.
Manufacturers would likely incur some extra costs if this rule is
not implemented, as they would be required to seek certification with a
non-U.S. certification authority. The FAA identified five U.S.-based
manufacturers that are affected by this final rule. The costs of full
emissions certification that includes nvPM emissions in the U.S. is
estimated to average $548,733 \7\ per engine tested, in 2019
dollars.\8\ However, the flat fee for certification in the European
Union is 405,310 euros \9\ or $453,875 in 2019 currency exchange rate
terms.\10\ These certification cost estimates do not account for the
transportation, staffing, and administrative costs manufacturers would
have to incur.\11\
---------------------------------------------------------------------------
\7\ The $500,000 cost estimate provided to ICAO is in 2013
dollars which calculates to $548,733 in 2019 dollars. The Bureau of
Economic Analysis Gross Domestic Price Deflator data was used to
convert the cost estimate into 2019 dollars. https://apps.bea.gov/iTable/?reqid=19&step=3&isuri=1&1921=survey&1903=11#eyJhcHBpZCI6MTksInN0ZXBzIjpbMSwyLDMsM10sImRhdGEiOltbIk5JUEFfVGFibGVfTGlzdCIsIjExIl0sWyJDYXRlZ29yaWVzIiwiU3VydmV5Il0sWyJGaXJzdF9ZZWFyIiwiMjAxMCJdLFsiTGFzdF9ZZWFyIiwiMjAyMiJdLFsiU2NhbGUiLCIwIl0sWyJTZXJpZXMiLCJBIl1dfQ=.
\8\ Industry average cost estimates for engine emissions
certification provided to ICAO as part of the nvPM emissions
standard updates to Annex 16, Volume II.
\9\ https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1591083932919&uri=CELEX:32019R2153.
\10\ The 2019 annual average exchange rate of 1.1198 was used to
calculate the value in dollar terms. 1/0.893 = 1.1198. https://www.irs.gov/individuals/international-taxpayers/yearly-average-currency-exchange-rates.
\11\ Manufacturers may shop for the best price with other non-
U.S. authorities, however, we expect costs savings to be minimal in
all situations due to the flat fees, costs of transportation,
staffing, and administrative costs associated with the
certification.
---------------------------------------------------------------------------
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L.
111-240), requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term ``small entities''
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
As described in the RIA, the FAA identified five U.S. manufacturers
that would be affected by this final rule. Based on the Small Business
Administration (SBA) size standard for aircraft engine and engine parts
manufacturing (Table 1), all five manufacturers are large businesses.
If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b) and based on the foregoing,
the head of FAA certifies that this rulemaking will not result in a
significant economic impact on a substantial number of small entities.
The FAA welcomes comments on the basis for this certification.
[[Page 31084]]
Table 1--Small Business Administration Size Standard
----------------------------------------------------------------------------------------------------------------
NAICS code Description Size standard
----------------------------------------------------------------------------------------------------------------
336412.................................. Aircraft Engine and Engine Parts 1,500 Employees.
Manufacturing.
----------------------------------------------------------------------------------------------------------------
Source: SBA (2022).\12\
NAICS--North American Industrial Classification System.
C. International Trade Impact Assessment
---------------------------------------------------------------------------
\12\ Small Business Administration (SBA). 2022. Table of Size
Standards. Effective October 1, 2022. https://www.sba.gov/document/support-table-size-standards.
---------------------------------------------------------------------------
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 rule and
determined that it maintains the same standards for engine emissions
certification of nvPM as was adopted by ICAO. As a result, the FAA does
not consider this rule as creating an unnecessary obstacle to foreign
commerce.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA determined that this final rule will not result in
the expenditure of $177 million or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.
E. 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. The FAA has determined that
there is no new requirement for information collection associated with
this final rule since emissions testing is already required as part of
aircraft engine certification.
F. International Compatibility and Cooperation
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 the no differences with these regulations. This
regulation is a conforming action to adopt the same standards for nvPM
certification that are contained in the ICAO SARPs.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act (NEPA) in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f for regulations and involves
no extraordinary circumstances.
H. Regulations Affecting Intrastate Aviation in Alaska
Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the Administrator, when modifying 14 CFR regulations in
a manner affecting intrastate aviation in Alaska, to consider the
extent to which Alaska is not served by transportation modes other than
aviation, and to establish appropriate regulatory distinctions. Because
this final rule sets standards for aircraft engine emissions at the
time of certification, no effect on intrastate aviation in Alaska is
expected.
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order (E.O.) 13132, Federalism. The FAA has
determined that this action will not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, will not have
federalism implications.
B. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\13\ and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures,\14\ the FAA ensures that Federally Recognized Tribes
(Tribes) are given the opportunity to provide meaningful and timely
input regarding proposed Federal actions that have the potential to
have substantial direct effects on one or more Indian tribes, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes; or to affect uniquely or significantly
their respective Tribes. The FAA has not identified any unique or
significant effects, environmental or otherwise, on tribes resulting
from this final rule.
---------------------------------------------------------------------------
\13\ 65 FR 67249 (Nov. 6, 2000).
\14\ FAA Order No. 1210.20 (Jan. 28, 2004), available at https://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------
C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The FAA has determined that this
rule is not a ``significant energy action'' under the executive order
and is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
D. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges
[[Page 31085]]
involving health, safety, labor, security, environmental, and other
issues and reduce, eliminate, or prevent unnecessary differences in
regulatory requirements. The FAA has analyzed this action under the
policy and agency responsibilities of Executive Order 13609. The FAA
has determined that this action will eliminate differences between U.S.
aviation standards and those of other civil aviation authorities by
implementing the same aircraft certification requirements for nvPM
emissions that are in ICAO Annex 16.
VII. How To Obtain Additional Information
A. Electronic Access and Filing
A copy of this final rule, any background material, and all
comments received may be viewed online at www.regulations.gov using the
docket number listed above. Electronic retrieval help and guidelines
are available on the website. It is available 24 hours each day, 365
days each year. An electronic copy of this document may also be
downloaded from the Office of the Federal Register's website at
www.federalregister.gov and the Government Publishing Office's website
at www.govinfo.gov. A copy may also be found at the FAA's Regulations
and Policies website at www.faa.gov/regulations_policies.
Copies may also be obtained 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) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this final rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the internet, visit
www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects in 14 CFR Part 34
Aircraft, Aviation safety, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements.
In consideration of the foregoing, the Federal Aviation
Administration is amending 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 continues to read as follows:
Authority: 42 U.S.C. 4321 et seq., 7572; 49 U.S.C. 106(g),
40113, 44701-44702, 44704, 44714.
Subpart A--General Provisions
0
2. Amend Sec. 34.1 by:
0
a. Revising and republishing the definition for Characteristic level;
0
b. Revising the definition for Derivative engines for emissions
certification purposes;
0
c. Removing the definition for Fuel venting emissions;
0
d. Adding in alphabetical order a definition for Non-volatile
particulate matter; and
0
e. Revising the definition for Reference day conditions.
The revisions, republication, and addition read as follows:
Sec. 34.1 Definitions.
* * * * *
Characteristic level has the meaning given in Appendix 6 of ICAO
Annex 16 as of July 2008 (incorporated by reference, see Sec. 34.4).
The characteristic level is a calculated emission level for each
pollutant based on a statistical assessment of measured emissions from
multiple tests.
* * * * *
Derivative engine for emissions certification purposes means an
engine that is similar in design to an engine that has demonstrated
compliance with the applicable exhaust emission standards of this part,
as determined by the FAA, and has a U.S. type certificate issued in
accordance with part 33 of this chapter.
* * * * *
Non-volatile particulate matter (nvPM) means emitted particles that
remain at the exhaust nozzle exit plane of a gas turbine engine, and
that did not volatilize after being heated to a temperature of at least
350 [deg]C.
* * * * *
Reference day condition means the reference ambient conditions to
which the measured smoke, nvPM, and gaseous emissions must be
corrected. The reference day conditions are as follows:
(1) Temperature = 15 [deg]C,
(2) Specific humidity = 0.00634 kg H2O/kg of dry air, and
(3) Pressure = 101.325 kPa
* * * * *
0
3. Revise Sec. 34.2 to read as follows:
Sec. 34.2 Abbreviations.
The abbreviations used in this part have the following meanings in
both upper and lower case:
CO2 Carbon dioxide
CO Carbon monoxide
EPA United States Environmental Protection Agency
FAA Federal Aviation Administration, United States Department of
Transportation
g Gram(s)
HC Hydrocarbon(s)
HP Horsepower
hr Hour(s)
H2O Water
kg Kilogram(s)
kJ Kilojoule(s)
kN Kilonewton(s)
kW Kilowatt(s)
lbf Pound force
LTO Landing and takeoff
m Meter(s)
mg Milligram(s)
[micro]g Microgram(s)
min Minute(s)
MJ Megajoule(s)
NOX Oxides of nitrogen
nvPM Non-volatile particulate matter
nvPMmass Non-volatile particulate matter mass
nvPMMC Non-volatile particulate matter mass concentration
nvPMnum Non-volatile particulate matter number
Pa Pascal(s)
rO Rated output
rPR Rated pressure ratio
sec Second(s)
SP Shaft power
SN Smoke number
T Temperature in degrees Kelvin
TIM Time in mode
[deg]C Degrees Celsius
% Percent
0
4. Revise and republish Sec. 34.3 to read as follows:
Sec. 34.3 General requirements.
(a) This part provides for the approval or acceptance by the
Administrator or the Administrator of the EPA of testing and sampling
methods, analytical techniques, and related equipment not identical to
those specified in this part. Before either approves or accepts any
such alternate, equivalent, or otherwise
[[Page 31086]]
nonidentical procedures or equipment, the Administrator or the
Administrator of the EPA shall consult with the other in determining
whether or not the action requires rulemaking under sections 231 and
232 of the Clean Air Act, as amended, consistent with the
responsibilities of the Administrator of the EPA and the Secretary of
Transportation under sections 231 and 232 of the Clean Air Act.
(b) Under section 232 of the Act, the Secretary of Transportation
issues regulations to ensure compliance with 40 CFR part 1031. This
authority has been delegated to the Administrator of the FAA in
accordance with 49 CFR 1.47.
(c) 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) Pursuant to the definition of ``aircraft'' in 40 CFR 1031.205,
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 1031.5, 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.
(e) Reference in this regulation to 40 CFR part 1031 refers to
title 40 of the Code of Federal Regulations, chapter I--Environmental
Protection Agency, part 1031, Control of Air Pollution from Aircraft
and Aircraft Engines (40 CFR part 1031).
(f) This part contains regulations that implement compliance with
certain standards contained in 40 CFR part 1031. If EPA takes any
action, including the issuance of an exemption or issuance of a revised
or alternate procedure, test method, or other regulation, the effect of
which is to relax or delay the effective date of any provision of 40
CFR part 1031 that is made applicable to an aircraft under this part,
the Administrator of FAA will grant a general administrative waiver of
the more stringent requirements until this part is amended to reflect
the requirements relaxed by EPA.
(g) Unless otherwise stated, all terminology and abbreviations in
this part that are defined in 40 CFR part 1031 have the meaning
specified in that part, and all terms in 40 CFR part 1031 that are not
defined in that part but that are used in this part have the meaning
given them in the Clean Air Act, Public Law 91-604, as amended.
(h) All interpretations of 40 CFR part 1031 that are promulgated by
the EPA also apply to this part.
(i) If the EPA, under 40 CFR part 1031, approves or accepts any
testing and sampling procedures or methods, analytical techniques, or
related equipment not identical to those specified in that part, this
part requires an applicant to show that such alternate, equivalent, or
otherwise non-identical procedures have been complied with, and that
such alternate equipment was used to show compliance, unless the
applicant elects to comply with those procedures, methods, techniques,
and equipment specified in 40 CFR part 1031.
(j) If the EPA, under 40 CFR 1031, prescribes special test
procedures for any aircraft or aircraft engine that is not susceptible
to satisfactory testing using the procedures in 40 CFR part 1031, the
applicant must demonstrate to the FAA Administrator that they are in
compliance with those special test procedures.
(k) Wherever 40 CFR part 1031 requires agreement, acceptance, or
approval by the Administrator of the EPA, this part requires a showing
that such agreement or approval has been obtained.
(l) Pursuant to 42 U.S.C. 7573, no state or political subdivision
thereof may adopt or attempt to enforce any standard respecting
emissions of any air pollutant from any aircraft or engine thereof
unless that standard is identical to a standard made applicable to the
aircraft by the terms of this part.
(m) If EPA, by regulation or exemption, relaxes a provision of 40
CFR part 1031 that is implemented in this part, no state or political
subdivision thereof may adopt or attempt to enforce the terms of this
part that are superseded by the relaxed requirement.
(n) If any provision of this part is rendered inapplicable to a
foreign aircraft as provided in 40 CFR 1031.5 (international
agreements), and paragraph (d) of this section, that provision may not
be adopted or enforced against that foreign aircraft by a state or
political subdivision thereof.
(o) For exhaust emissions requirements of this part that apply
beginning February 1, 1974, January 1, 1976, January 1, 1978, January
1, 1984, and August 9, 1985, continued compliance with those
requirements is shown for engines for which the type design has been
shown to meet those requirements, if the engine is maintained in
accordance with applicable maintenance requirements of 14 CFR chapter
I. All methods of demonstrating compliance and all model designations
previously found acceptable to the Administrator shall be deemed to
continue to be an acceptable demonstration of compliance with the
specific standards for which they were approved.
(p) Each applicant must allow the Administrator to make, or
witness, any test necessary to determine compliance with the applicable
provisions of this part.
0
5. Amend Subpart A by adding Sec. 34.4 to read as follows:
Sec. 34.4 Incorporation by Reference.
Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51). All approved material is available for
inspection at the FAA and at the National Archives and Records
Administration (NARA). Contact the FAA Office of Rulemaking (ARM), 800
Independence Avenue SW, Washington, DC 20590 (telephone 202-267-9677)
For information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations or email
[email protected].
(a) The material may be obtained from the following source:
International Civil Aviation Organization (ICAO): Document Sales Unit,
999 University Street, Montreal, Quebec H3C 5H7, Canada, phone + 1 514-
954-8022, or www.icao.int.
(1) Annex 16 to the Convention on International Civil Aviation:
Environmental Protection, Volume II--Aircraft Engine Emissions, Third
Edition, July 2008 (ICAO Annex 16); in Sec. Sec. 34.1 and 34.60.
(2) Annex 16 to the Convention on International Civil Aviation:
Environmental Protection, Volume II--Aircraft Engine Emissions, Fourth
Edition, July 2017 (ICAO Annex 16, Volume II), in Sec. Sec. 34.71 and
34.73.
(b) [Reserved]
0
6. Amend Sec. 34.6 by revising paragraph (b) to read as follows:
Sec. 34.6 Aircraft safety.
* * * * *
(b) Consistent with 40 CFR part 1031, if the FAA Administrator
determines that any emission control regulation in this part cannot be
safely applied to an aircraft, that provision may not be adopted or
enforced against that aircraft
[[Page 31087]]
by any state or political subdivision thereof.
* * * * *
0
7. Amend Sec. 34.7 by revising paragraph (d) to read as follows:
Sec. 34.7 Exemptions.
* * * * *
(d) Applicants seeking exemption from other emissions standards of
this part and 40 CFR 1031.15. 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
8. Amend Sec. 34.11 by revising paragraph (a) and the introductory
text of paragraph (c) to read as follows:
Sec. 34.11 Standard for fuel venting emissions.
(a) No liquid fuel venting emissions shall be discharged into the
atmosphere from any new or in-use aircraft gas turbine engine subject
to the subpart. This paragraph is directed at the elimination of
intentional discharge to the atmosphere of fuel drained from fuel
nozzle manifolds after engines are shut down and does not apply to
normal fuel seepage from shaft seals, joints, and fittings.
* * * * *
(c) As applied to an airframe or an engine, any manufacturer or
operator may show compliance with the liquid fuel venting and emissions
requirements of this section that were effective beginning February 1,
1974 or January 1, 1975, by any means that prevents the intentional
discharge of fuel from fuel nozzle manifolds after the engines are shut
down. Acceptable means of compliance include one of the following:
* * * * *
0
9. Amend Sec. 34.21 by revising paragraph (e) to read as follows:
Sec. 34.21 Standards for exhaust emissions.
* * * * *
(e) Smoke exhaust emissions from each gas turbine engine shall not
exceed:
(1)(A) For Class TF of rated output less than 26.7 kN (6,000 lbf)
manufactured on or after August 9, 1985, and before July 18, 2012:
SN = 83.6(rO)-0.274 (rO is in kN) not to exceed a maximum of
SN = 50.
(B) For Classes TF, T3, and T8 of rated output less than 26.7 kN
(6,000 lbf) manufactured on or after July 18, 2012, and before January
1, 2023:
SN = 83.6(rO)-0.274 or 50.0, whichever is smaller.
(C) For Classes TF, T3, and T8 of rated output of 26.7 kN (6,000
lbf) or less manufactured on or after January 1, 2023:
SN = 83.6(rO)-0.274 or 50.0, whichever is smaller.
(2) For Classes T3, T8, TSS, and TF of rated output greater than or
equal to-26.7 kN (6,000 lbf) manufactured on or after January 1, 1984,
and before January 1, 2023:
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).
(4) For Class TSS manufactured on or after January 1, 2023:
SN = 83.6(rO)-0.274 (rO is in kN) not to exceed a maximum of
SN = 50.
* * * * *
Sec. 34.23 [Amended]
0
10. Amend Sec. 34.23 by removing and reserving paragraph (a)(1).
0
11. Amend Subpart C by adding Sec. 34.25 to read as follows:
Sec. 34.25 Non-volatile particulate emissions standards (nvPM).
The standards of this section apply to an aircraft engine of Class
TF, T3, or T8 with a rated output greater than 26.7 kN that is
manufactured after January 1, 2023. Where a maximum nvPMMC
standard is expressed as a formula, calculate and round the standard to
the nearest 1.0 [mu]g/m\3\. Where an nvPMmass standard is
expressed as a formula, calculate and round the standard to three
significant figures or to the nearest 0.1 mg/kN. Where an
nvPMnum standard is expressed as a formula, calculate and
round the standard to three significant figures. Engines comply with an
applicable standard if the test results show that the engine type
certificate family's characteristic level does not exceed the numerical
level of the nvPM standard when tested as described in subpart H of
this part.
(a) Except as provided in paragraph (b) or (c) of this section;
(1) The characteristic level for the maximum nvPMMC
expressed in units of [mu]g/m\3\ must not exceed the following:
nvPMMC = 10(3+2.9r0-0.274)
and
(2) The characteristic level for nvPM mass expressed in [mg/kN] and
for nvPM number expressed in [particles/kN] must not exceed the
following:
Table 1 to Paragraph (a)(2)
----------------------------------------------------------------------------------------------------------------
nvPMnum (particles/kN)
Class Rated output (rO) (kN) nvPMmass (mg/kN)
----------------------------------------------------------------------------------------------------------------
TF, T3, T8........................... 26.7 < rO <= 200....... 4646.9 - 21.497 (rO)... 2.669 x 10\16\ - 1.126
x 10\14\ (rO).
rO > 200............... 347.5.................. 4.170 x 10\15\.
----------------------------------------------------------------------------------------------------------------
(b) For a change in type design by the type design holder, when the
application for an amended type certificate is filed after January 1,
2023:
(1) If the engine qualifies as a derivative engine in accordance
with Sec. 34.48 of this part, no testing is required for the engine to
use the same nvPM certificated parameters (nvPMmass,
nvPMnum, and maximum nvPMMC) as the engine it is
derived from; or
(2) If the engine does not qualify as a derivative engine in
accordance with Sec. 34.48 of this part, the applicant must
demonstrate compliance with each requirement in paragraph (a) of this
section.
(c) For issuance of an original type certificate when an
application for type certification is filed after January 1, 2023, the
applicant must demonstrate that the engine does not exceed:
(1) For maximum nvPMMC: as prescribed in paragraph
(a)(1) of this section; and
(2) For the characteristic level for nvPMmass expressed
in units of [mg/kN], and for nvPMnum expressed in units of
[particles/kN], the following:
[[Page 31088]]
Table 2 to Paragraph (c)(2)
----------------------------------------------------------------------------------------------------------------
nvPMnum (particles/kN)
Class Rated output (rO) (kN) nvPMmass (mg/kN)
----------------------------------------------------------------------------------------------------------------
TF, T3, T8........................... 26.7 < rO <= 150....... 1251.1 - 6.914 (rO).... 1.490 x 10\16\ - 8.080
x 10\13\ (rO).
rO > 150............... 214.0.................. 2.780 x 10\15\.
----------------------------------------------------------------------------------------------------------------
0
12. Amend Sec. 34.48 by revising paragraph (a) introductory text and
paragraph (b) to read as follows:
Sec. 34.48 Derivative engines for emissions certification purposes.
(a) General. A type certificate holder may request from the FAA a
determination that an engine configuration is considered a derivative
engine for emissions certification purposes (all gaseous emissions and
either nvPM or smoke number as applicable). To be considered a
derivative engine for emissions certification 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:
* * * * *
(b) Emission 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 within the following ranges and values:
(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 (where applicable).
(v) The following values apply for maximum nvPMMC,
nvPMmass, and nvPMnum (where applicable):
(A) maximum nvPMMC:
(1) 200 [mu]g/m3 if the characteristic level of maximum
nvPMMC is below 1,000 [mu]g/m\3\; or
(2) 20% of the characteristic level if the
characteristic level for maximum nvPMMC is at or above 1,000
[mu]g/m\3\.
(B) nvPMmass:
(1) 80 mg/kN if the characteristic level for nvPMmass
emissions is below 400 mg/kN; or
(2) 20% of the characteristic level if the
characteristic level for nvPMmass emissions is greater than
or equal to 400 mg/kN.
(C) nvPMnum:
(1) 4 x 10\14\ particles/kN if the characteristic level for
nvPMnum emissions is below 2x10\15\ particles/kN; or
(2) 20% of the characteristic level if the
characteristic level for nvPMnum emissions is greater than
or equal to 2 x 10\15\ particles/kN.
(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.
(3) In unusual circumstances and consistent with good engineering
judgement, the FAA may adjust the ranges specified in paragraph (b)(1)
of this section to evaluate a proposed derivative engine.
* * * * *
0
13. Amend Sec. 34.60 by revising paragraph (h) to read as follows:
Sec. 34.60 Introduction.
* * * * *
(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 (incorporated by reference, see Sec. 34.4).
0
14. Add subpart H to read as follows:
Subpart H--Test Procedures and Compliance Demonstration for Non-
Volatile Particulate Matter Emissions
34.71 Non-Volatile Particulate Matter (nvPM) Test Procedures.
34.73 Demonstration of compliance for nvPM emissions.
Subpart H--Test Procedures and Compliance Demonstration for Non-
Volatile Particulate Matter Emissions
Sec. 34.71 Non-volatile particulate matter (nvPM) test procedures.
For each Class TF, T3, or T8 engine manufactured after January 1,
2023, that has a rated output greater than 26.7 kN, the test procedures
for measuring each required nvPM parameter are as follows:
(a) Measure the emissions of all nvPM parameters required in this
part, as applicable.
(b) Collect data from at least three engine tests, with each test
conducted at the reference LTO time/thrust combinations shown in
paragraph (h) of this section.
(c) For the engines referenced in paragraph (b) of this section,
all emissions certification tests may be conducted on one or more
engines of the same type design.
(d) Use a test fuel that meets the specifications described in
Appendix 4 of ICAO Annex 16, Volume II (incorporated by reference, see
Sec. 34.4). The test fuel must not have any additive whose purpose is
to suppress nvPM emissions.
(e) (1) When conducting test measurements in accordance with
paragraphs (a) through (c) of this section, use the equipment and
procedures specified in Appendix 1, Appendix 4, Appendix 6, and
Appendix 7 of ICAO Annex 16, Volume II (incorporated by reference, see
Sec. 34.4), when demonstrating whether an engine meets the applicable
nvPM limit specified in Sec. 34.25 of this part.
(2) An applicant that seeks to use a procedure or equipment that
differs from any specified in this part must request FAA approval in
writing with supporting justification before the alternative procedure
or equipment may be used to demonstrate compliance. The FAA will
consult with the EPA on any such request. The FAA may approve the
requested alternative for measuring nvPM, including testing and
sampling methods, analytical techniques, and equipment specifications.
Each request must meet one of the following conditions:
[[Page 31089]]
(i) The engine cannot be tested using a specified procedure; or
(ii) The alternative procedure is shown to be equivalent to, or
more accurate or precise than, the specified procedure.
(f) Any engine accessory included in a type design that may
reasonably be expected to influence either nvPM emissions or
measurements must be installed on the engine before testing. The test
engine must not extract shaft power or bleed service air to provide
power to auxiliary gearbox-mounted components necessary to drive
aircraft systems;
(g) For each percentage of rated output thrust level prescribed in
paragraph (h) of this section, a test engine must reach and maintain a
steady operating condition before any nvPM emission measurement is
made;
(h) The following landing and takeoff (LTO) cycles apply for nvPM
emissions testing and for calculating weighted LTO values:
Table 1 to Paragraph (h)
------------------------------------------------------------------------
Class TF, T3, T8
Mode -----------------------
TIM (min) % of rO
------------------------------------------------------------------------
Taxi/idle....................................... 26.0 7
Takeoff......................................... 0.7 100
Climbout........................................ 2.2 85
Descent......................................... NA NA
Approach........................................ 4.0 30
------------------------------------------------------------------------
(i) An engine complies with an applicable limit if the test results
show that the engine type certificate family's characteristic level
does not exceed any limit for maximum nvPMMC,
nvPMnum, and nvPMmass described in Sec. 34.25.
(j) All measurements collected during engine tests required in
paragraph (b) of this section must be used in the calculation of nvPM.
Before any calculations are made, the FAA must approve the exclusion of
any measurements that the applicant seeks to exclude, including any
justification for such exclusions.
(k) The system and procedure for sampling and measurement of
gaseous emissions shall be as specified by Appendices 1, 4, 6, and 7 of
ICAO Annex 16, Volume II (incorporated by reference, see Sec. 34.4).
Sec. 34.73 Demonstration of compliance for nvPM emissions.
(a) Each compliance demonstration by an applicant requires:
(1) Establishing a mean value from tests conducted on one or more
engines;
(2) Calculating a ``characteristic level'' by applying a set of
statistical factors that take into account the number of engines tested
in accordance with Sec. 34.71(b) of this part; and
(3) Rounding each characteristic level to the same number of
decimal places as the corresponding emission limit.
(b) In demonstrating compliance with this subpart, an applicant
must use the nvPM measurements collected in accordance with Sec. 34.71
as follows:
(1) An engine complies with an applicable standard when the engine
type certificate family's characteristic level does not exceed any nvPM
limit described in Sec. 34.25 of this part; and
(2) A compliance demonstration consists of:
(i) Determining the maximum nvPMMC, and the mean value
for nvPMmass and nvPMnum from the data collected
in accordance with paragraph Sec. 34.71(f) of this part;
(ii) Correcting each data point to standard temperature and
pressure conditions;
(iii) Applying the appropriate statistical factor shown in Table 6-
1 of Appendix 6 of ICAO Annex 16, Volume II (incorporated by reference,
see Sec. 34.4) to account for the number of engines tested; and
(iv) Rounding each characteristic level to the same number of
decimal places as the corresponding nvPM limit in Sec. 34.25 of this
part.
(c) (1) In determining maximum nvPMMC, an applicant must
use one of the following evaluation methods for all engines measured in
accordance with Sec. 34.71(c) of this par and using the thrust
settings given in Sec. 34.71(h) of this part. An applicant may choose
to measure additional thrust settings; while there is no restriction on
the number of thrust settings measured, the same thrust settings must
be used on each engine tested. A dataset consists of nvPMMC
measurements made at each thrust setting across the thrust range chosen
by the applicant for each engine. Plot all nvPMMC
measurements versus thrust setting.
(i) Method 1--
(A) Average the individual data points measured at each thrust
setting to develop one dataset of nvPM mass concentration for each
engine tested, creating an average dataset for each engine; and
(B) Use the averages generated in paragraph (c)(1) of this section
to develop a single curve fit to determine the overall maximum
nvPMMC value;
(ii) Method 2--
(A) Measure individual data points of nvPMMC versus
thrust. Using all datasets generated for each engine physically tested,
develop a single, separate curve fit;
(B) Determine the maximum nvPMMC from each engine curve
fit resulting from paragraph (c)(1) of this section; and
(C) If more than one engine is physically tested, average the
nvPMMC values from paragraph (c)(2) of this section to
determine the overall maximum nvPMMC value for the model
tested; or
(iii) Method 3--
(A) Develop a curve fit of nvPMMC versus thrust for each
test conducted on each engine physically tested;
(B) From each curve fit developed in paragraph (c)(1) of this
section, use the resultant curve fit equation to solve for each
maximum;
(C) Average the maximum values for each engine physically tested;
and
(D) Average the maximum values determined in paragraph
(c)(1)(iii)(C) of this section to determine the overall average maximum
nvPMMC value.
(2) Using the data measured in Sec. 34.71(b) of this part,
determine the nvPM characteristic levels for nvPMnum and
nvPMmass as follows:
(i) Average all nvPMnum and nvPMmass
measurements in units of number of particles per kN or mg per kN, as
applicable, from each emissions test at each percentage of rated output
thrust setting;
(ii) Multiply the averaged measurement from paragraph (a)(2)(i) of
this section by the appropriate time in mode (TIM) as shown in Sec.
34.71(h);
(iii) Sum the products from paragraph (a)(2)(ii) of this section to
determine the LTO values for nvPMnum and
nvPMmass; and
(iv) Divide the result of paragraph (a)(2)(iii) of this section by
the characteristic level factor, shown in Table A6-1 of Appendix 6 of
ICAO Annex 16, Volume II (incorporated by reference, see Sec. 34.4),
for the number of engines physically tested to determine the
nvPMmass and nvPMnum characteristic values.
(d) The data used to determine the regressed curves must meet a 90%
confidence interval, CI90, limit of 1.5% of each
nvPM limit specified in Sec. 34.25 of this part. If a certification
test fails to meet the CI90 limit, the engine type may still
comply with the requirements. Failure may be caused by excessive data
scatter, too few data points, or erroneous data used to regress an
accurate curve. Without deleting or removing any prior measurement
data, additional data acquired from further tests may improve the
CI90 by adding to the sample population.
(e) The following information must be reported to the FAA
substantiating
[[Page 31090]]
compliance with nvPM limits of Sec. 34.25 of this part:
(1) The values of nvPM emissions measured and computed in
accordance with the procedures and calculated as required by this
subpart in Sec. 34.71 of this part and paragraphs (a) through (d) of
this section;
(2) For each engine tested:
(i) Engine model, series, and serial number;
(ii) Rated thrust (kN);
(iii) Overall pressure ratio;
(iv) The methods of data acquisition; and
(v) The method of data analysis chosen by the applicant under
paragraphs (a) through (d) of this section.
(3) Demonstration that the fuel used for each test is in compliance
with the fuel specification listed in Appendix 4 of ICAO Annex 16,
Volume II (incorporated by reference, see Sec. 34.4). For the fuel
used for nvPM emissions certification, include the following fuel
characteristics:
(i) Hydrogen/carbon ratio;
(ii) Net heat of combustion (MJ/kg);
(iii) Hydrogen content (mass per cent);
(iv) Total aromatics content (volume per cent);
(v) Naphthalene content (volume per cent); and
(vi) Sulfur content (ppm by mass).
(4) For each engine tested for certification purposes, the
following values measured and computed in accordance with the
procedures of Sec. 34.71 of this part:
(i) Fuel flow (kg/s) at each thrust setting of the LTO cycle;
(ii) nvPM EImass (mg/kg of fuel) at each thrust setting
of the LTO cycle;
(iii) nvPM mass emission rate [nvPM EImass x fuel flow]
in mg/s;
(iv) nvPM EInum (particles/kg of fuel) at each thrust
setting of the LTO cycle;
(v) nvPM number emission rate [nvPM EInum x fuel flow]
in particles/s;
(vi) Total gross emissions of nvPM mass measured over the LTO cycle
in mg;
(vii) Total gross emissions of nvPM number measured over the LTO
cycle in particles;
(viii) LTO nvPMmass/thrust in mg/kN;
(ix) LTO nvPMnum/thrust in particles/kN; and
(x) Maximum nvPMMC in [micro]g/m\3\; and
(5) For each engine tested for certification purposes, the
characteristic levels for the maximum nvPMMC, the LTO
nvPMmass/thrust, and the LTO nvPMnum/thrust.
Issued under authority provided in 42 U.S.C 4321 et seq., 7572,
49 U.S.C. 106(f), 40113, 44701-44702, 44703, and 44704, in
Washington, DC.
Michael G. Whitaker,
Administrator.
[FR Doc. 2024-08453 Filed 4-23-24; 8:45 am]
BILLING CODE 4910-13-P