Correction to References in the Fuel Venting and Exhaust Emission Requirements for Turbine Engine Powered Airplanes; Proposed Rule DEPARTMENT OF TRANSPORTATION

SUMMARY: This document proposes to amend a specific reference in the

Federal Aviation Regulations (FAR) to provide that the preproduction

certification compliance program described in Appendix 6 to

International Civil Aviation Organization (ICAO) Annex 16 is an

acceptable means of compliance with gaseous emission standards. This

document also proposes to amend specific references to add the

effective date of Volume II of Annex 16. These proposals respond to

public inquiries, and are intended to ensure that the regulations

accurately reflect what was intended by the originally proposed rule.

DATES: Comments must be submitted on or before June 13, 1994.

ADDRESSES: Send comments on this proposal to: Federal Aviation

Administration (FAA), Office of the Chief Counsel, ATTN: Rules Docket,

room 316G, Docket No. 27686, 800 Independence Avenue SW., Washington,

DC 20591 or deliver comments in triplicate to: FAA Rules Docket, room

915G, 800 Independence Avenue SW., Washington, DC 20591. Comments may

be inspected in room 915G between 8:30 a.m. and 5 p.m., weekdays except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Edward McQueen, Research and

Engineering Branch (AEE-110), Office of Environment and Energy, Federal

Aviation Administration, 800 Independence Avenue SW., Washington, DC

20591, telephone (202) 267-3560.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in this rulemaking by

submitting written data, views, or arguments and by commenting on the

possible environmental, energy, or economic impacts of this proposal.

Comments should identify the regulatory docket or notice number, and

should be submitted in triplicate to the address above. All comments

received, as well as a report summarizing any substantive public

contact with Federal Aviation Administration (FAA) personnel on this

rulemaking will be filed in the docket, and will be considered by the

Administrator before taking action on this proposed rulemaking. The

docket is available for public inspection both before and after the

closing date for comments. The FAA will acknowledge the receipt of a

comment if the commenter includes a self-addressed, stamped postcard on

which the following statement is made: ``Comments to Docket No.

27686.'' When the comment is received by the FAA, the postcard will be

date stamped and returned to the commenter.

Availability of the NPRM

Any person may obtain a copy of this notice of proposed rulemaking

(NPRM) by submitting a request to the Federal Aviation Administration,

Office of Public Affairs, Attention: Public Information Center, APA-

230, 800 Independence Avenue SW., Washington, DC 20591, or by calling

(202) 267-3474. Requests should be identified by the docket number of

this proposed rule. Persons interested in being placed on a mailing

list for future notices of proposed rulemaking should also request a

copy of Advisory Circular No. 11-2, Notice of Proposed Rulemaking

Distribution System, which describes the application procedure.

Background

Section 232 of the Clean Air Act Amendments of 1970, (42 U.S.C.

7401 et. seq.), requires the Federal Aviation Administration (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. Those emission standards are prescribed

in 40 CFR part 87. The FAA issued Special Federal Aviation Regulation

(SFAR) Number 27 (38 FR 35427, December 28, 1973) to ensure compliance

with the aircraft and aircraft engine emission standards and test

procedures issued by the EPA in 40 CFR part 87.

In 1989, the FAA proposed to codify SFAR 27 (53 FR 18530, May 23,

1988). The notice of proposed rulemaking (NPRM) proposed to add part 34

to the Federal Aviation Regulations (FAR). The NPRM included proposed

Sec. 34.71, which stated that compliance with gaseous emission

standards would be shown by comparing the pollutant levels with the

applicable emission standards. Proposed Sec. 34.71 also stated that an

acceptable means of compliance would be incorporated by reference in

proposed Sec. 34.4. Proposed Sec. 34.4 referenced the preproduction

program described in Appendix 6 to International Civil Aviation

Organization (ICAO) Annex 16, ``Environmental Protection, Volume II--

Aircraft Engine Emissions, First Edition, June 1981, effective February

18, 1982,'' as an acceptable means of compliance with Sec. 34.71.

In August of 1990, the proposal was adopted as part 34, ``Fuel

Venting and Exhaust Emission Requirements for Turbine Engine Powered

Airplanes,'' effective September 10, 1990 (55 FR 32856, August 10,

1990). Part 34 contains all of the applicable aircraft engine fuel

venting and exhaust emission requirements of SFAR 27, and the test

procedures specified under the regulations implementing the Clean Air

Act. Section 34.4 was not adopted as proposed, but was ``reserved.''

The FAA had intended to, instead, specifically incorporate in

Sec. 34.71 the reference to Appendix 6 of ICAO Annex 16; however, the

reference to an acceptable means of compliance was inadvertently

omitted. In addition, the final rule did not state the effective date

of Volume II of ICAO Annex 16 in several other sections where this cite

was referenced.

After part 34 was adopted, the FAA received several requests for

clarification of the compliance standards stated in FAR Sec. 34.71; the

FAA also received inquires as to why Appendix 6 to Volume II of ICAO

Annex 16 was omitted as an acceptable alternative to testing every

engine. Members of the public stated that Secs. 34.4 and 34.71 were

different from those proposed in the NPRM. The FAA recognizes that the

final rule, as adopted, caused the confusion. In responding to the

inquires, the FAA has stated that the intent of the 1989 proposal was

to accept Appendix 6 as an alternative means of compliance.

Accordingly, the FAA has determined that Secs. 34.71 should be amended

to reflect the intent of the proposal.

Synopsis of the Proposal

The FAA proposes to revise Sec. 34.71 of part 34 of the FAR to

state that Appendix 6 to International Civil Aviation Organization

(ICAO) Annex 16, ``Environmental Protection, Volume II--Aircraft Engine

Emissions, First Edition, June 1981, effective February 18, 1982,'' is

an acceptable means of compliance with that section. In addition,

Secs. 34.64, 34.82, and 34.89 of part 34 would be revised to state that

the effective date of Volume II of Annex 16 is February 18, 1982.

Regulatory Impact Evaluation

This regulatory evaluation examines the potential costs and

benefits of the proposed rule to amend FAR part 34.

The objective of the proposed rule is to insert omissions from the

current text for part 34, which was published in August 1990. The

omissions include the reference to Appendix 6 to ICAO Annex 16,

Environmental Protection, Volume II and the effective date of ICAO

rule. In short, the proposed revisions would correct these omissions by

referencing the preproduction certification compliance program

described in Appendix 6 to ICAO Annex 16, Environmental Protection,

Volume II and including the effective date of February 18, 1982, for

all references to Volume II of ICAO Annex 16 in part 34.

Benefits

The potential benefits of this proposed rule ensure that the full

intent of final rule for part 34 would be realized, and will eliminate

any confusion caused by the noted omissions.

Costs

The potential costs of the proposed rule would be zero. No

significant adverse consequences have been incurred by either the

public or the FAA as a result of the published error. After

publication, however, the FAA's Office of Environment and Energy was

made aware of the error through public inquiry. The proposed amendments

would address these inquiries and prevent future misunderstandings.

International Trade Impact Analysis

The proposed rule represents a clarifying change and would not

impose any costs on either U.S. or foreign operators. Therefore, a

competitive trade advantage would not be incurred by either U.S.

operators abroad or foreign operators in the United States.

Initial Regulatory Flexibility Determination

In accordance with the Regulatory Flexibility Act of 1980, the

proposed rule would not have a significant economic impact on a

substantial number of small entities. This is because the proposed rule

is clarifying in nature and would not impose any costs.

Environmental Analysis

This proposed rule represents a clarifying change and would not

significantly affect the quality of the human environment. In addition,

pursuant to Department of Transportation, ``Policies and Procedures for

Considering Environmental Impacts'' (FAA Order 1050.1D, appendix 7,

paragraph 4), the FAA was categorically excluded from providing an

environmental analysis with regard to part 34 because it was mandated

by law to issue regulations to ensure compliance with the EPA aircraft

emissions standards, and the EPA has performed all required

environmental analyses prior to the issuance of those standards.

Federalism Implications

The regulations proposed herein would not have substantial direct

effects on the states, on the relationship between the national

government and the states, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this

proposed rule would not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Conclusion

I certify that the proposed rule: (1) Is not a significant

regulatory action under Executive Order 12866; (2) is not a significant

rule under DOT Regulatory Policies and Procedures (44 FR 11034,

February 26, 1979); and (3) will not have a significant economic impact

on a substantial number of small entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 34

Air pollution control, Aircraft.

The Proposed Amendments

Accordingly, the Federal Aviation Administration proposes to amend

14 CFR part 34 of the Federal Aviation Regulations as follows:

PART 34--FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE

ENGINE POWERED AIRPLANES

1. The authority citation for part 34 continues to read as follows:

Authority: 42 U.S.C. 1857f-10; 49 U.S.C. 106(g); 49 U.S.C. App.

1348(c), 1354(a), 1421, 1423.

2. Section 34.64 is amended by revising the first sentence to read

as follows:

Sec. 34.64 Sampling and analytical procedures for measuring gaseous

exhaust emissions.

The system and procedures for sampling and measurement of gaseous

emissions shall be done in accordance with Appendices 3 and 5 to ICAO

Annex 16, Environmental Protection, Volume II--Aircraft Engine

Emissions, First Edition, June 1981, effective February 18, 1982. * * *

3. Section 34.71 is revised 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 pursuant

to 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, First Edition, June 1981, effective February 18,

1982. Other methods of demonstrating compliance may be approved by the

Administrator with the concurrence of the Administrator of the EPA.

4. Section 34.82 is amended by revising the first sentence 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 done in accordance with Appendix 2 to ICAO Annex 16,

Environmental Protection, Volume II--Aircraft Engine Emissions, First

Edition, June 1981, effective February 18, 1982. * * *

5. Section 34.89 is amended by revising the third sentence to read

as follows:

Sec. 34.89 Compliance with smoke emission standards.

* * * An acceptable alternative to testing every engine is

described in Appendix 6 to ICAO Annex 16, Environmental Protection,

Volume II--Aircraft Engine Emissions, First Edition, June 1981,

effective February 18, 1982. * * *

Issued in Washington, DC on April 7, 1994.

Louise E. Maillett,

Director of Environment and Energy.

[FR Doc. 94-8840 Filed 4-12-94; 8:45 am]

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