[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8840]
[[Page Unknown]]
[Federal Register: April 13, 1994]
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Part II
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 34
Correction to References in the Fuel Venting and Exhaust Emission
Requirements for Turbine Engine Powered Airplanes; Proposed Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 34
[Docket No. 27686, Notice No. 94-10]
RIN 2120-AE55
Correction to References in the Fuel Venting and Exhaust Emission
Requirements for Turbine Engine Powered Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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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]
BILLING CODE 4910-13-M
