[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Rules and Regulations]
[Pages 19125-19128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9433]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
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Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules
and Regulations
[[Page 19125]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 34
[Docket No. FAA-2009-0112; Amendment No. 34-4]
RIN 2120-AJ41
Emission Standards for Turbine Engine Powered Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the emission standards for turbine engine
powered airplanes to incorporate the standards adopted by the United
States Environmental Protection Agency (EPA). This rule also amends
certain test procedures for gaseous exhaust emissions, which are based
on the standards of the International Civil Aviation Organization
(ICAO) for gaseous emissions of oxides of nitrogen (NOX).
This rule will bring the standards of 14 CFR part 34 into alignment
with 40 CFR part 87 as required.
DATES: This amendment becomes effective June 29, 2009. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register as of
June 29, 2009.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this final rule, contact Aimee Fisher, Emissions Division (AEE-300),
Office of Environment and Energy, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
7705; e-mail: [email protected]. For legal questions concerning this
rule, contact Karen Petronis (AGC-200), Office of the Chief Counsel,
Regulations Division, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone (202) 267-3073; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44714, Aviation Fuel
Standards. Under that section, the FAA is charged with prescribing
standards to control or eliminate aircraft emissions that the
Administrator of the Environmental Protection Agency has found to
endanger the public health or welfare, pursuant to his authority found
in Section 231 of the Clean Air Act (42 U.S.C. 7571). These regulations
are within the scope of that authority because we are adopting the
standards previously mandated by the EPA.
Background
Section 232 of the Clean Air Act Amendments of 1970 (the Act), 42
U.S.C. 7401 et seq., requires the FAA to issue regulations that ensure
compliance with all aircraft emission standards promulgated by the
Environmental Protection Agency (EPA) under Section 231 of the Act.
The EPA originally promulgated standards for engine fuel venting
emissions, engine smoke emissions, and exhaust gas emissions of
unburned hydrocarbons (HC), oxides of nitrogen (NOX), and
carbon monoxide (CO) in 40 CFR part 87. Since the EPA established the
first standards in 1973, the FAA has worked with the International
Civil Aviation Organization (ICAO) to develop international aircraft
exhaust emissions standards for NOX, CO, HC, and smoke (SN).
The FAA added the 1997 EPA standards for NOX and CO in
February 1999 (64 FR 5556, February 3, 1999).
In September 2003, the EPA proposed new standards for engine fuel
venting emissions, engine smoke emissions, and exhaust gaseous
emissions of NOX (68 FR 56226, September 30, 2003). The
proposal was designed to align the U.S. emissions standards with those
of ICAO.
The EPA adopted the proposed standards in November 2005 (70 FR
69664, November 17, 2005). The National Association of Clean Air
Agencies (NACAA) sought review of the EPA's action, arguing that the
EPA's interpretation of the Act was impermissible. The EPA had found
that the Act does not require the agency to subordinate all other
concerns to emissions reduction and reach a ``technology-forcing''
result. In essence, NACAA argued that the 2005 standards did not
require enough reduction in emissions and that the EPA had failed to
set a firm timeline for tightening the standards in the future.
On June 1, 2007, the United States Court of Appeals for the
District Of Columbia Circuit found in favor of the EPA (489 F.3d 1221).
The court accepted the EPA's interpretation of the Act and its
responsibilities in setting aircraft emissions standards. With that
challenge to the standards no longer at issue, we are amending 14 CFR
part 34 to reflect the standards promulgated by the EPA in 2005.
Analysis of Rule as Adopted
Although the language of this amendment is not identical to the
comparable sections adopted by the EPA, any differences are solely the
result of differences in format between the sets of regulations in 40
CFR and 14 CFR. No changes in the standards were meant nor may any be
implied by any differences between the sets of regulations.
Sections 34.64, 34.71, 34.82, and 34.89 of 14 CFR are amended by
revising the incorporation by reference to specify that the system and
procedures for sampling and measurement of gaseous emissions are those
found in ICAO Annex 16, Environmental Protection, Volume II, Aircraft
Engine Emissions, Second Edition, July 1993, through Amendment 3 (March
20, 1997). This amendment also corrects the effective date of Volume
II, removes the reference to the FAA Rules Docket Room, and updates the
address for ICAO's Document Sales Unit.
The only substantive changes to this regulation are the
NOX standards added in Sec. 34.21(d)(1)(vi). All other
changes are reference updates to the newer version of ICAO Annex 16 as
noted.
[[Page 19126]]
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public.
An agency may not collect or sponsor the collection of information,
nor may it impose an information collection requirement unless it
displays a currently valid Office of Management and Budget (OMB)
control number. We have determined that there is no current or new
requirement for information collection associated with this amendment.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these proposed regulations.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, the Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows:
Rulemaking actions by the FAA usually trigger a full regulatory
evaluation of the potential monetary costs that would be imposed and
benefits generated (including separate analyses for regulatory
flexibility, international trade impact, and unfunded mandates).
However, this regulation brings the regulations in 14 CFR into
conformity with existing EPA regulations. A full regulatory evaluation
is unwarranted because the FAA is not imposing a new rule on the
aviation industry. The EPA has accounted for any costs associated with
these changes in its rulemaking (70 FR 69664, November 17, 2005).
The FAA has, therefore, determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This final rule revises the emission standards for turbine engine
airplanes and test procedures for gaseous exhaust emissions. With this
final rule, the FAA adopts a previously approved EPA rule to bring the
standards of 14 CFR part 34 into alignment with 40 CFR part 87 as
required by law. Therefore, as the acting FAA Administrator, I certify
that this rule will not have a significant economic impact on a
substantial number of small entities.
International Trade Impact Analysis
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Pursuant to these Acts, the establishment of
standards are not considered unnecessary obstacles to the foreign
commerce of the United States, so long as the standards have a
legitimate domestic objective, such the protection of safety, and do
not operate in a manner that excludes imports that meet this objective.
The statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards. The FAA
notes the purpose is to ensure the safety of the American public and
has assessed the effects of this rule to ensure it does not exclude
imports that meet this objective. As a result, this final rule will
impose the same costs on domestic and international entities and thus
has a neutral trade impact.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $136.1 million in lieu of $100 million. This final rule does not
contain such a
[[Page 19127]]
mandate. The requirements of Title II do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government and, therefore, does not have federalism implications.
Environmental Analysis
In accordance with FAA Order 1050.1E, the FAA has determined that
this action is categorically excluded from environmental review under
section 102(2)(c) of the National Environmental Policy Act (NEPA). This
action is categorically excluded under FAA Order 1050.1E, Chapter 3,
paragraph 312a, which covers ``all FAA actions to ensure compliance
with EPA aircraft emissions standards.'' This rule amends the emission
standards for turbine engine powered airplanes, and certain test
procedures for gaseous exhaust emissions, to incorporate the standards
adopted by the EPA based on the ICAO standards for gaseous emissions of
oxides of nitrogen (NOX). This rule brings FAA regulatory
standards for emissions into alignment with EPA emissions standards, as
required by law. This action qualifies for a categorical exclusion
because no significant impacts to the environment are expected to
result from its finalization or implementation and no extraordinary
circumstances exist as prescribed under Chapter 3, paragraph 304 of
Order 1050.1E.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://DocketsInfo.DOT.gov.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
Good Cause for Adoption of This Final Rule
This regulation is being promulgated as a final rule without notice
and opportunity for prior public comment. The standards adopted in this
rule were the subject of full notice and comment rulemaking by the EPA,
and were published as amendments to 40 CFR part 87 in 2005. They are
already required for aircraft engine certification under those
regulations. Accordingly, we have determined that notice and prior
public comment has already been accomplished. The FAA has no reason to
believe that a request for public comment at this time would result in
a receipt of useful information. Opportunity for public comment was
provided by the EPA in its 2003 NPRM, and comments received were
addressed by that agency.
List of Subjects in 14 CFR Part 34
Air pollution control, Aircraft, Incorporation by reference.
The Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends Chapter I of Title 14, Code of Federal Regulations part 34 as
follows:
PART 34--FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE
ENGINE POWERED AIRPLANES
0
1. The authority citation for part 34 continues to read as follows:
Authority: 42 U.S.C. 4321 et seq., 7572; 49 U.S.C. 106(g),
40113, 44701-44702, 44704, 44714.
0
2. Amend Sec. 34.21 to add new paragraph (d)(1)(vi) to read as
follows:
Sec. 34.21 Standards for exhaust emissions.
* * * * *
(d) * * *
(1) * * *
(vi) The emission standards of this paragraph apply as prescribed
after December 18, 2005. For engines of a type or model of which the
first individual production model was manufactured after December 31,
2003:
(A) That have a rated pressure ratio of 30 or less and a maximum
rated output greater than 89 kilonewtons: Oxides of Nitrogen: (19 + 1.6
(rPR)) grams/kilonewtons rO.
(B) That have a rated pressure ratio of 30 or less and a maximum
rated output greater than 26.7 kilonewtons but not greater than 89
kilonewtons: Oxides of Nitrogen: (37.572 + 1.6(rPR) -0.2087(rO)) grams/
kilonewtons rO.
(C) That have a rated pressure ratio greater than 30 but less than
62.5, and a maximum rated output greater than 89 kilonewtons: Oxides of
Nitrogen (7 + 2(rPR)) grams/kilonewtons rO.
(D) That have a rated pressure ratio greater than 30 but less than
62.5, and a maximum rated output greater than 26.7 kilonewtons but not
greater than 89 kilonewtons: Oxides of Nitrogen: (42.71 + 1.4286(rPR) -
0.4013(rO) + 0.00642(rPR x rO)) grams/kilonewtons rO.
(E) That have a rated pressure ratio of 62.5 or more: Oxides of
Nitrogen: (32 + 1.6 (rPR)) grams/kilonewtons rO.
* * * * *
0
3. Revise Sec. 34.64 to read as follows:
Sec. 34.64 Sampling and analytical procedures for measuring gaseous
exhaust emissions.
The system and procedure for sampling and measurement of gaseous
[[Page 19128]]
emissions shall be as specified by in Appendices 3 and 5 to the
International Civil Aviation Organization (ICAO) Annex 16,
Environmental Protection, Volume II, Aircraft Engine Emissions, Second
Edition, July 1993, effective July 26, 1993, through Amendment 3 (March
20, 1997). This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. This document can be obtained from the International Civil
Aviation Organization (ICAO), Document Sales Unit, 999 University
Street, Montreal, Quebec H3C 5H7, Canada, phone +1 514-954-8022, or
http://icaodsu.openface.ca/mainpage.ch2. Copies can be reviewed at the
FAA New England Regional Office, 12 New England Executive Park,
Burlington, Massachusetts, 781-238-7101, or at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
0
4. Revise Sec. 34.71 to read as follows:
Sec. 34.71 Compliance with gaseous emission standards.
Compliance with each gaseous emission standard by an aircraft
engine shall be determined by comparing the pollutant level in grams/
kilonewton/thrust/cycle or grams/kilowatt/cycle as calculated in Sec.
34.64 with the applicable emission standard under this part. An
acceptable alternative to testing every engine is described in Appendix
6 to ICAO Annex 16, Environmental Protection, Volume II, Aircraft
Engine Emissions, Second Edition, July 1993, effective July 26, 1993,
including all amendments through Amendment 3 (March 20, 1997). This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This
document can be obtained from the International Civil Aviation
Organization (ICAO), Document Sales Unit, 999 University Street,
Montreal, Quebec H3C 5H7, Canada, phone +1 514-954-8022, or http://icaodsu.openface.ca/mainpage.ch2. Copies can be reviewed at the FAA New
England Regional Office, 12 New England Executive Park, Burlington,
Massachusetts, 781-238-7101, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Other methods of demonstrating compliance may be approved by the FAA
Administrator with the concurrence of the Administrator of the EPA.
0
5. Revise Sec. 34.82 to read as follows:
Sec. 34.82 Sampling and analytical procedures for measuring smoke
exhaust emissions.
The system and procedures for sampling and measurement of smoke
emissions shall be as specified by Appendix 2 to ICAO Annex 2 to ICAO
Annex 16, Environmental Protection, Volume II, Aircraft Engine
Emissions, Second Edition, July 1993, effective July 26, 1993, through
Amendment 3 (March 20, 1997). This incorporation by reference was
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. This document can be obtained from the
International Civil Aviation Organization (ICAO), Document Sales Unit,
999 University Street, Montreal, Quebec H3C 5H7, Canada, phone +1 514-
954-8022, or http://icaodsu.openface.ca/mainpage.ch2. Copies can be
reviewed at the FAA New England Regional Office, 12 New England
Executive Park, Burlington, Massachusetts, 781-238-7101, or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
0
6. Revise Sec. 34.89 to read as follows:
Sec. 34.89 Compliance with smoke emission standards.
Compliance with each smoke emission standard shall be determined by
comparing the plot of SN as a function of power setting under the
applicable emission standard under this part. The SN at every power
setting must be such that there is a high degree of confidence that the
standard will not be exceeded by any engine of the model being tested.
An acceptable alternative to testing every engine is described in
Appendix 6 to ICAO Annex 16, Environmental Protection, Volume II,
Aircraft Engine Emissions, Second Edition, July 1993, effective July
16, 1993, including all amendments through Amendment 3 of March 20,
1997. This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. This document can be obtained from the International Civil Aviation
Organization (ICAO), Document Sales Unit, 999 University Street,
Montreal, Quebec H3C 5H7, Canada, phone +1 514-954-8022, or http://icaodsu.openface.ca/mainpage.ch2. Copies can be reviewed at the FAA New
England Regional Office, 12 New England Executive Park, Burlington,
Massachusetts, 781-238-7101, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Other methods of demonstrating compliance may be approved by the FAA
Administrator with the concurrence of the Administrator of the EPA.
Issued in Washington, DC on April 20, 2009.
Lynne A. Osmus,
Acting Administrator.
[FR Doc. E9-9433 Filed 4-27-09; 8:45 am]
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