Emission Standards for Turbine Engine Powered Airplanes

SUMMARY: This document revises the emission standards for turbine

engine powered airplanes to incorporate the current standards of the

International Civil Aviation Organization (ICAO) for gaseous emissions

of oxides of nitrogen (NoX) and carbon monoxide (CO), and to

adopt revised test procedures for gaseous emissions. This rule will

bring the United States emissions standards into alignment with the

standards of ICAO. Because, this rule is consistent with international

standards, an emission certification test that meets U.S. requirements

will meet ICAO requirements.

EFFECTIVE DATE: February 3, 1999.

The incorporation by reference of the publication listed in the

rule is approved by the director of the Federal Register February 3,

1999.

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:

Availability of Final Rules

An electronic copy of this document may be downloaded, using a

modem and suitable communications software, from the FAA regulations

section of the Fedworld electronic bulletin board service (telephone:

703-321-3339), the Government Printing Office's electronic bulletin

board service (telephone: 202-512-1661), or the FAA's Aviation

Rulemaking Advisory Committee Bulletin Board service (telephone 800-

322-2722 or 202-267-5948).

Internet users may reach the FAA's web page at http://www.faa.gov/

avr/arm/nprm/nprm.htm or the Government Printing Office's webpage at

http://www.access.gpo.gov/nara/aces/aces140.html for access to recently

published rulemaking documents.

Any person may obtain a copy of this final rule by submitting 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. Communications must identify the amendment

number or docket number of this final rule.

Persons interested in being placed on the mailing list for future

Notices of Proposed Rulemaking and Final Rules should request from the

above office a copy of Advisory Circular No. 11-2A, Notice of Proposed

Rulemaking Distribution System, that describes the application

procedure.

Small Entity Inquiries

The Small Business Regulatory Enforcement Fairness Act of 1996

(SBREFA) requires the FAA to report inquiries from small entities

concerning information on, and advice about, compliance with statutes

and regulations within the FAA's jurisdiction, including interpretation

and application of the law to specific sets of facts supplied by a

small entity.

If you are a small entity and have a question concerning this rule,

contact your local FAA official. If you do not know how to contact your

local FAA official, you may contact Charlene Brown, Program Analyst

Staff, Office of Rulemaking, ARM-27, Federal Aviation Administration,

800 Independence Avenue, SW, Washington, DC 20591, 1-888-551-1594.

Internet users can find additional information on SBREFA in the ``Quick

Jump'' section of the FAA's web page at http://www.faa.gov and may send

electronic inquiries to the following Internet address: 9-AWA-

[email protected]

Background

Section 232 of the Clean Air Act Amendments of 1970 (the Act), 42

U.S.C. 7401 et. seq., requires the Federal Aviation Administrations

(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 has promulgated standards

for engine fuel venting emissions, engine smoke emissions, and exhaust

gaseous emissions of unburned hydrocarbons (HC), oxides of nitrogen

NOX, and carbon monoxide (CO). These emission standards are

prescribed in 40 CFR part 87.

Since the promulgation of the initial U.S. standards in 1973 by the

EPA, the FAA has worked with the International Civil Aviation

Organization (ICAO) on the development of international aircraft engine

exhaust emissions standards for NOX, CO, HC, and smoke (SN).

Currently, the FAA regulations governing aircraft engine exhaust

emissions do not include NOX and CO. This rule amends 14 CFR

Part 34 to add the standards for NOX and CO that were

adopted by the EPA in July 1997.

Analysis of the Rule as Adopted

Section 34.1

Section 34.1 is amended by expanding the definition of Class TF so

that it would apply to new engine development programs such as propfan,

unducted fan, and advanced ducted propfan (ADP) engines.

Section 34.2

Section 34.2 is amended by adding the abbreviations for Carbon

Monoxide (CO) and Oxides of Nitrogen (NOX), the two

emissions standards being added to the regulations.

Section 34.21(d), (d)(1), and (e)(3)

In section 34.21, paragraphs (d), (d)(1) and (e)(3) are being

amended to add CO and NOX standards for exhaust emissions as

requirements for newly manufactured aircraft gas turbine engines of

rated thrust greater than 26.7 Kilonewtons (kN). This change will make

U.S. and international emissions standards and test procedures

compatible.

Section 34.60(c)

Section 34.60(c) is amended to require a NOX measurement

as part of the test procedures for engine exhaust gaseous emissions.

This change is necessary to provide the data from which compliance with

the new NOX standard may be demonstrated.

Section 34.61

Section 34.61 is amended by adjusting the allowable ranges of

values in the properties of the fuel specifications to be used in

aircraft turbine engine emission testing. This change will allow a

wider band of test fuel acceptability without degradation in emission

data quality and make U.S. and international emissions standards and

test procedures compatible.

Section 34.62(a)(2)

Section 34.62(a)(2) is amended by adding CO emissions to the taxi/

idle operating modes of the test procedure. This change is necessitated

by the addition of the CO standard, and will make U.S. international

emissions test procedures for engine exhaust gaseous emissions

compatible.

Section 34.64

Section 34.64 is amended by incorporating by reference the most

[[Page 5557]]

recent version of ICAO Annex 16, Environmental Protection, Volume II,

Aircraft Engine Emissions, Second Edition, July 1993. Appendices 3 and

5 of this document specify the system and procedures for sampling and

measurement of gaseous emissions. This change is necessitated by the

addition of the CO and NOX standards, and will make U.S. and

international emissions test procedures for engine exhaust gaseous

emissions compatible.

Section 34.71

Section 34.71 is amended by incorporating by reference the most

recent version of ICAO Annex 16, Environmental Protection, Volume II,

Aircraft Engine Emissions, Second Edition, dated July 1993. Appendices

3 and 5 of this document specify the system and procedures for sampling

and measurement of gaseous emissions. This change is necessitated by

the addition of the CO and NOX standards, and will make U.S.

and international emissions test procedures for engine exhaust gaseous

emissions compatible.

Section 34.82

Section 34.82 is amended by incorporating by reference the most

recent version of ICAO Annex 16, Environmental Protection, Volume II,

Aircraft Engine Emissions, Second Edition, dated July 1993. Appendices

3 and 5 of this document specify the system and procedures for sampling

and measurement of smoke emissions. This change will make U.S. and

international emissions test procedures for engine smoke emissions

compatible.

Section 34.89

Section 34.89 is amended by incorporating by reference the most

recent version of ICAO Annex 16, Environmental Protection, Volume II,

Aircraft Engine Emissions, Second Edition, dated July 1993. Appendices

3 and 5 of this document specify the system and procedures for sampling

and measurement of smoke emissions. This change will make U.S. and

international emissions test procedures for engine smoke emissions

compatible.

Paperwork Reduction Act

There are no requirements for information collection associated

with this final rule; accordingly, no analysis under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3507(d)) is required.

International Compatibility

The FAA has reviewed corresponding International Civil Aviation

Organization standards and recommended practices and Joint Aviation

Airworthiness Authorities requirements and has identified no

differences in these amendments and the foreign regulations. These

changes are intended to make the U.S. and international standards more

compatible.

Regulatory Evaluation Summary

Proposed and final rule 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

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. Finally, Public Law 104-4 requires federal agencies to assess

the impact of any federal mandates on state, local, tribal governments,

and the private sector.

In conducting these analyses, the Federal Aviation Administration

(FAA) has determined that the final rule will generate benefits that

justify its costs and is not ``a significant regulatory action'' as

defined under section 3(f) of Executive Order 12866 and Department of

Transportation Regulatory Policies and Procedures (44 FR 11034,

February 26, 1979). The final rule will not have a significant impact

on a substantial number of small entities and will not constitute a

barrier to international trade. In addition, this final rule does not

contain any Federal intergovernmental mandates, but does contain a

private sector mandate. However, because expenditures by the private

sector will not exceed $100 million annually, the requirements of Title

II of the Unfunded Mandates Reform Act of 1995 do not apply.

Overview

In July, 1997, the Environmental Protection Agency (EPA) amended

existing United States regulations governing the exhaust emissions from

new commercial gas turbine aircraft engines. Under authority of section

231 of the Clean Air Act (the Act), the EPA promulgated new emission

standards for oxides of nitrogen (NOX) and carbon monoxide

(CO) for newly manufactured and newly certified commercial gas turbine

aircraft engines. The EPA action codified the NOX and CO

emission standards of the United Nations International Civil Aviation

Organization (ICAO). As a result, U.S. emission standards are in

alignment with internationally adopted standards.

This final rule amends Part 34 of Title 14 of the Code of Federal

Regulations (14 CFR Part 34) to ensure that it contains the same

aircraft emission standards as those promulgated by the EPA in 40 CFR

Part 87. 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) is usually prepared for FAA rulemaking actions.

However, this regulation brings FAA rules into conformity with EPA

rules, which have already been issued. Therefore, a full regulatory

evaluation is unwarranted because the FAA is not imposing a new rule on

the aviation industry, and any costs associated with these changes have

been accounted for by the EPA rule (62 FR 25356, May 8, 1997). Thus,

for the aforementioned reason, an abbreviated regulatory evaluation has

been prepared for this final rule, which will serve as both the summary

and full regulatory evaluation.

Costs

On July 7, 1997, EPA issued a final rule amending regulations

governing the exhaust emissions from aircraft and aircraft engines,

emission standards, and test procedures. The EPA estimated that their

action will impose no additional burden on manufacturers. This final

rule puts forth the FAA's responsibility to enforce the EPA's revised

emission standards.

Aircraft manufacturers and affected aircraft parts manufacturers

are currently meeting the NOX and CO emission standards that

EPA adopted. Therefore, the FAA has determined that because the

emission test procedures are widely applied and accepted, little or no

costs will be incurred by the aviation industry as a result of the

FAA's action.

Benefits

This final rule will ensure that the public receives the air

quality benefits established by the Clean Air Act. These certification

testing rules are consistent with ICAO's standards, and emission

certification test procedures. This harmonization of U.S. emission

requirements with ICAO emission requirements is expected to reduce

certificate testing requirements for newly manufactured aircraft

engines and could help the sale of U.S. aviation products abroad.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 establishes ``as a principle

of regulatory

[[Page 5558]]

issuance that agencies shall endeavor, consistent with the objective of

the rule and of applicable statues, to fit regulatory and informational

requirements to the scale of the business, organizations, and

governmental jurisdictions subject to regulation.'' To achieve that

principal, the Act requires agencies to solicit and consider flexible

regulatory proposals and to explain the rational for their actions. The

Act 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 proposed or

final rule will have a significant economic impact on a substantial

number of small entities. If the determination is that it will, the

agency must prepare a regulatory flexibility analysis (RFA) as

described in the Act.

However, if an agency determines that a proposed or final rule is

not expected to have a significant economic impact on a substantial

number of small entities, section 605(b) of the 1980 Act provides that

the head of the agency may so certify and a RFA is not required. The

certification must include a statement providing the factual basis for

this determination, and the reasoning should be clear. The rule

incorporates current ICAO standards already met by the impacted

aircraft manufacturers and aircraft parts manufacturers of commercial

gas turbine engines, this rule does not add additional cost to the

aviation industry. In addition, in July 1997, the EPA issued a final

rule amending regulations governing the exhaust emissions from aircraft

and aircraft engines, emission standards, and test procedures. This

final rule does not add any additional costs on the aviation industry.

This rule only puts forth the FAA's responsibility to enforce the EPA's

emission standards. Accordingly, the FAA certifies that this rule will

not have a significant economic impact on a substantial number of small

entities.

International Trade Impact Assessment

This final rule will not impose a competitive disadvantage to

either U.S. air carriers doing business abroad or foreign air carriers

doing business in the United States. However, it could positively

affect the sale of United States aviation products or services in

foreign countries due to the harmonization and consistency for

certification testing between United States and international emission

standards and control program requirements.

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 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.

Unfunded Mandates Assessment

Title II of the Unfunded Mandates Reform Act of 1995 (the Act),

enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal

agency, to the extent permitted by law, to prepare a written assessment

of the effects of any Federal mandate in a proposed or final agency

rule 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.

Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal

agency to develop an effective process to permit timely input by

elected officers (or their designees) of State, local, and tribal

governments on a proposed ``significant intergovernmental mandate.'' A

``significant intergovernmental mandate'' under the Act is any

provision in a Federal agency regulation that would impose an

enforceable duty upon State, local, and tribal governments, in the

aggregate, of $100 million (adjusted annually for inflation) in any one

year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section

204(a), provides that before establishing any regulatory requirements

that might significantly or uniquely affect small governments, the

agency shall have developed a plan that, among other things, provides

for notice to potentially affected small governments, if any, and for a

meaningful and timely opportunity to provide input in the development

of regulatory proposals.

This rule does not contain any Federal intergovernmental mandates,

but does contain a private sector mandate. Since expenditures by the

private sector will not exceed $100 million annually, as the result of

little or no costs imposed by this final rule, the requirements of

Title II of the Unfunded Mandates Reform Act of 1995 do not apply.

Environmental Analysis

Pursuant to Department of Transportation, ``Policies and Procedures

for Considering Environmental Impacts'' (FAA Order 1050.1D, Appendix 7,

paragraph 4, Change 3, December 5, 1986), the FAA is categorically

excluded from providing an environmental analysis with regard to Part

34. It is 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.

Determination of Effective Date

This regulation is being promulgated as a final rule without notice

and opportunity for prior public comment. Since the regulations adopted

in this rule were adopted by the EPA in 1997 in 40 CFR part 87 and are

already required for aircraft engine certification under those

regulations, the FAA has determined that notice and prior public

comment are necessary. The FAA does not anticipate 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,

and comments received were addressed by that agency.

For the same reason, the FAA has determined that good cause exists

for making this amendment effective in less than 30 days. Compliance

with these regulations has been required since their promulgation by

the EPA in 1997.

List of Subjects in 14 CFR Part 34

Air pollution control, Aircraft, Incorporation by reference.

The Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends part 34 of Title 14, Code of Federal Regulations

(14 CFR part 34) 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. 4321 et seq., 7572; 49 U.S.C. 106(g),

40113, 44701-44702, 44704, 44714.

2. Section 34.1 is amended by revising the definition of ``Class

TF'', to read as follows:

Sec. 34.1 Definitions.

* * * * *

Class TF means all turbofan or turbojet aircraft engines or

aircraft engines designed for applications that otherwise would have

been fulfilled by turbojet and turbofan engines except engines of class

T3, T8, and TSS.

* * * * *

[[Page 5559]]

3. Section 34.2 is amended by adding the following abbreviations in

alphabetical order to read as follows:

Sec. 34.2 Abbreviations.

* * * * *

CO Carbon Monoxide

* * * * *

NOX Oxides of Nitrogen

* * * * *

Subpart C--Exhaust Emissions (New Aircraft Gas Turbine Engines)

4. Section 34.21 is amended by revising paragraphs (d) and (e)(3)

to read as follows:

Sec. 34.21 Standards for exhaust emissions.

* * * * *

(d) Gaseous exhaust emissions from each new aircraft gas turbine

engine shall not exceed:

(1) For Classes TF, T3, T8 engines greater than 26.7 kilonewtons

(6000 pounds) rated output:

(i) Engines manufactured on or after January 1, 1984:

Hydrocarbons: 19.6 grams/kilonewton r0.

(ii) Engines manufactured on or after July 7, 1997.

Carbon Monoxide: 118 grams/kilonewton r0.

(iii) Engines of a type or model of which the date of manufacture

of the first individual production model was on or before December 31,

1995, and for which the date of manufacture of the individual engine

was on or before December 31, 1999:

Oxides of Nitrogen: (40+2(rPR)) grams/kilonewtons r0.

(iv) Engines of a type or model of which the date of manufacture of

the first individual production model was after December 31, 1995, or

for which the date of manufacture of the individual engine was after

December 31, 1999:

Oxides of Nitrogen: (32+1.6 (rPR)) grams/kilonewtons r0.

(v) The emission standards prescribed in paragraphs (d)(1)(iii) and

(iv) of this section apply as prescribed beginning July 7, 1997.

(2) For Class TSS Engines manufactured on or after January 1, 1984:

Hydrocarbons=140 (0.92) rPR grams/kilonewtons r0.

(e) * * *

(3) For Class TP of rated output equal to or greater than 1,000

kilowatts manufactured on or after January 1, 1984:

SN=187(ro)-0.168 (ro is in kilowatts)

* * * * *

Subpart G--Test Procedures for Engine Exhaust Gaseous Emissions

(Aircraft and Aircraft Gas Turbine Engines)

5. Section 34.60 is amended by revising paragraph (c) to read as

follows:

Sec. 34.60 Introduction.

* * * * *

(c) The exhaust emission test is designed to measure concentrations

of hydrocarbons, carbon monoxide, carbon dioxide, and oxides of

nitrogen, and to determine mass emissions through calculations during a

simulated aircraft landing-takeoff cycle (LTO). The LTO cycle is based

on time in mode data during high activity periods at major airports.

The test for propulsion engines consists of at least the following four

modes of engine operation: taxi/idle, takeoff, climbout, and approach.

The mass emission for the modes are combined to yield the reported

values.

* * * * *

6. Section 34.61 is revised to read as follows:

Sec. 34.61 Turbine fuel specifications.

For exhaust emission testing, fuel that meets the specifications

listed in this section shall be used. Additives used for the purpose of

smoke suppression (such as organometallic compounds) shall not be

present.

Specification for Fuel To Be Used in Aircraft Turbine Engine Emission

Testing

------------------------------------------------------------------------

Property Allowable range of values

------------------------------------------------------------------------

Density at 15 deg.C.................... 780-820.

Distillation Temperature, deg.C 10% 155-201.

Boiling Point.

Final Boiling Point.................... 235-285.

Net Heat of Combustion, MJ/Kg.......... 42.86-43.50.

Aromatics, Volume %.................... 15-23.

Naphthalenes, Volume %................. 1.0-3.5.

Smoke point, mm........................ 20-28.

Hydrogen, Mass %....................... 13.4-14.1.

Sulfur Mass %.......................... Less than 0.3%.

Kinematic viscosity at--20 deg. C, mm 2.5-6.5.

\2\ /sec.

------------------------------------------------------------------------

7. Section 34.62 is amended by revising paragraph (a)(2) to read as

follows:

Sec. 34.62 Test procedure (propulsion engines).

(a)(1) * * *

(2) The taxi/idle operating modes shall be carried out at a power

setting of 7% rated thrust unless the Administrator determines that the

unique characteristics of an engine model undergoing certification

testing at 7% would result in substantially different HC and CO

emissions than if the engine model were tested at the manufacturers

recommended idle power setting. In such cases the Administrator shall

specify an alternative test condition.

* * * * *

8. Section 34.64 is revised 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 as specified 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. 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, P.O. Box 400,

Succursale: Place de L'Aviation Internationale, 1000 Sherbrooke Street

West, Suite 400, Montreal, Quebec, Canada H3A 2R2. Copies may be

reviewed at the FAA Office of the Chief Counsel, Rules Docket, Room

916, Federal Aviation Administration Headquarters Building, 800

Independence Avenue, SW., Washington, DC, or at the FAA New England

Regional Office, 12 New England Executive Park, Burlington,

Massachusetts, or at the Office of Federal Register, 800 North Capitol

Street, NW., Suite 700, Washington, DC.

9. 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 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 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, and copies may be reviewed at, the

[[Page 5560]]

respective addresses listed in Sec. 34.64. Other methods of

demonstrating compliance may be approved by the FAA Administrator with

the concurrence of the Administrator of the EPA.

10. Section 34.82 is revised 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 in Appendix 2 to ICAO Annex 16, Volume

II, Environmental Protection, Aircraft Engine Emissions, Second

Edition, July 1993. 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, and copies may be

reviewed at, the respective addresses listed in Sec. 34.64.

11. Section 34.89 is revised 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 with 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. 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.

Issued in Washington, DC, on January 20, 1999.

Jane F. Garvey,

Administrator.

[FR Doc. 99-1608 Filed 2-2-99; 8:45 am]

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