Correction to References in the Fuel Venting and Exhaust Emission Requirements for Turbine Engine Powered Airplanes

SUMMARY: This document amends a specific reference in a regulation to

provide that the preproduction certification compliance program

described in Appendix 6 to International Civil Aviation Organization

Annex 16 is an acceptable means of compliance with gaseous emission

standards. This document also amends specific references to add the

effective date of Volume II of Annex 16. This rule is intended to

ensure that the regulations accurately reflect what was intended by the

originally proposed rule.

EFFECTIVE DATE: July 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. Edward McQueen, Research and Engineering Branch (AEE-110), Office

of Environment and Energy, Federal Aviation Administration, 800

Independence Avenue, S.W., Washington, DC 20591, telephone (202) 267-

3560.

SUPPLEMENTARY INFORMATION:

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 as 14 CFR part 34 (53

FR 18530, May 23, 1988). 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. Sec. 34.4 was not adopted as proposed, but was ``reserved.'' The

FAA had intended to, instead, specifically incorporate in Section 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 Sec. 34.71; the FAA

also received inquiries asking 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

inquiries, 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 Sec. 34.71 should be amended

to reflect the intent of the proposal.

Discussion of Comments

On April 13, 1994, the FAA published an NPRM (59 FR 17640) to

revise Sec. 34.71 or part 34. This proposal stated that Appendix 6 to

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, it

was proposed that 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. No comments were received in the docket after a 60-

day comment period.

Regulatory Evaluation Summary

This regulatory evaluation examines the potential costs and

benefits of the proposed rule to amend part 34. Changes to Federal

regulations are required to undergo several economic analyses. First,

Executive Order 12866 directs each Federal agency to 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 requires agencies to analyze the economic

effect of regulatory changes on small entities. Third, the Office of

Management and Budget directs agencies to assess the effect of

regulatory changes on international trade. With respect to this rule,

the FAA has determined that it: (1) is not ``a significant regulatory

action'' as defined in the Executive Order; (2) is not significant as

defined in the Department of Transportation's Regulatory Policies and

Procedures; (3) will not have a significant impact on a substantial

number of entities; and (4) will not constitute a barrier to

international trade. Therefore, a full regulatory analysis, which

includes the identification and evaluation of cost-reducing

alternatives to this rule, has not been prepared. Instead, the agency

has prepared a more concise analysis of this rule which is presented in

the following paragraph.

There are no known costs associated with this final rule. The

purpose of this rule is to correct an inadvertent omission from

Sec. 34.71. In that regulation, the FAA intended to but did not fully

incorporate by reference Appendix 6 to ICAO Annex 16, Environmental

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

1981, effective February 18, 1982, in that regulation. Appendix 6

describes an acceptable alternative to testing every engine for

compliance with gaseous emission standard. The benefit of this rule is

that it will eliminate the confusion surrounding the omission of the

reference, and it will clarify the intent of the regulation in part 34.

This revision to part 34 will also eliminate the need for the public to

call the FAA to find out whether Appendix 6 to ICAO Annex 16 is an

acceptable means of compliance with Sec. 34.71. This rule also revises

Secs. 34.64, 34.82, and 34.89 to clarify that the effective date of

Volume II of Annex 16 is February 18, 1982.

[[Page 34077]]

International Trade Impact Assessment

The proposed rule represents a clarifying change and will not

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

competitive trade disadvantage will 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 will not have a significant economic impact on a

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

is clarifying in nature and will not impose any costs.

Environmental Analysis

Section 232 of the Clean Air Act Amendments of 1970 mandates that

the FAA issue regulations to ensure compliance with the EPA aircraft

emissions standards. The EPA has performed all required environmental

analyses prior to the issuance of those standards. Since this rule

represents a clarifying correction and will not significantly affect

the quality of the human environment, no further analyses is required.

Federalism Implications

The regulations herein will 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 rule will not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

Conclusion

The FAA has determined that this 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 Amendment

Accordingly, the Federal Aviation Administration amends 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. 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 address listed in

Sec. 34.64. 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 and

adding new fourth and fifth sentences 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. 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

address listed in Sec. 34.64.

Issued in Washington, DC on June 22, 1995.

David R. Hinson,

Administrator.

[FR Doc. 95-15961 Filed 6-28-95; 8:45 am]

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