Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 63015 

modification of the conduct of covered 

transactions that may be engaged in 

with the respondent. 

(3) Notice to respondent required. The 

suspending official shall provide 

prompt written notice to the respondent 

of the final suspension order issued to 

the regulated entities with respect to 

such respondent. 

(4) Content of notice. The notice of a 

final suspension order shall include: 

(i) A statement of the suspension 

determination and supporting grounds, 

including a discussion of any relevant 

information submitted by the 

respondent; and 

(ii) A copy of the final suspension 

order. 

(g) Effective date. A final suspension 

order shall take effect on the date 

specified in the order, which shall be at 

least forty-five (45) calendar days after 

the date on which the order is signed by 

the suspending official. 

§ 1227.7 Appeal to the Director. 

(a) Opportunity to appeal. A 

respondent may submit an appeal to the 

Director within thirty (30) calendar days 

after the date a final suspension order 

has been signed. If the Director signed 

the final suspension order as the 

suspension official, the respondent has 

no appeal right under this section. The 

appeal shall be accompanied by a 

written brief specifically identifying the 

respondent’s objections to the final 

suspension order and the supporting 

reasons for such objections. 

(b) Decision on appeal. The Director 

shall issue a written final decision on an 

appeal of a final suspension order based 

on the record submitted by the 

suspending official, together with any 

material submitted with an appeal. The 

Director may affirm, vacate or amend 

the suspension, or remand to the 

suspending official for further 

proceedings, in the discretion of the 

Director. If the Director does not take 

action on an appeal prior to the effective 

date of the order, the order shall take 

effect as if it had been affirmed by the 

Director, on the date specified in the 

order. 

(c) Final agency action. The written 

final decision of the Director on an 

appeal of a final suspension order shall 

be the final agency action. If the Director 

does not take action on an appeal prior 

to the effective date of the order, the 

order shall be the final agency action. 

(d) Exhaustion of administrative 

remedies. In order to fulfill the 

requirement to exhaust administrative 

remedies, a respondent must appeal a 

final suspension order to the Director as 

provided in this section prior to seeking 

judicial review of such order. 

§ 1227.8 Posting of final suspension 

orders. 

(a) Required posting. FHFA will 

publish on its Web site all final 

suspension orders issued by FHFA on 

the effective date of the order. 

(b) Content of posting. Each posting 

on FHFA’s Web site shall include: 

(1) The full name (where available) of 

each suspended person and any 

affiliates thereof subject to the final 

suspension order, in alphabetical order; 

(2) A description of the time period 

for which the suspension applies; and 

(3) A copy of each final suspension 

order applicable to the person and any 

affiliates thereof. 

(c) Removal of names. FHFA will 

remove from the Web site all references 

to the suspension of a person and any 

affiliates thereof at such time as the 

suspension expires or is otherwise 

vacated. 

§ 1227.9 Request for reconsideration. 

(a) Time period for request. A 

suspended person may submit a request 

to the Director for reconsideration of a 

final suspension order at any time after 

the expiration of a twelve (12)-month 

period from the date the order took 

effect, but no such request may be made 

within twelve (12) months of a previous 

request for reconsideration from such 

person. 

(b) Content of request. A request for 

reconsideration must be submitted in 

writing and state the specific grounds 

for relief from the final suspension 

order, which shall be limited to any new 

information that may indicate that 

engaging in covered transactions with a 

regulated entity would no longer 

present a risk of significant financial or 

reputational harm or threat to the safe 

and sound operation of a regulated 

entity. 

(c) Decision on request. The Director 

may approve a request for 

reconsideration if the Director 

determines that engaging in covered 

transactions with a regulated entity is 

no longer likely to result in significant 

financial or reputational harm to a 

regulated entity or otherwise threaten 

the safe and sound operation of a 

regulated entity. The Director will 

inform the requestor of the decision on 

the request for reconsideration in a 

timely manner. A decision on a request 

for reconsideration shall not constitute 

an appealable order. 

§ 1227.10 Exception to final suspension 

order in effect. 

(a) Request for exception. A regulated 

entity to which a final suspension order 

in effect is applicable may request an 

exception from such order to allow it to 

engage in a particular covered 

transaction with a suspended person 

and any affiliates thereof. Any such 

request shall clearly state any reasons 

supporting an exception, as well as any 

steps the regulated entity will take to 

mitigate any risks presented by the 

exception. An exception may not be 

requested by a suspended person or any 

affiliates thereof. 

(b) Decision on exception. A 

suspending official may approve an 

exception from a final suspension order 

in effect to permit a regulated entity to 

engage in a particular covered 

transaction with a suspended person 

and any affiliates thereof for reasons 

consistent with those for which the 

suspending official may limit or qualify 

the scope or effect of a final suspension 

order under § 1227.6(f)(2)(iv) of this 

part. The decision on a request for an 

exception shall not constitute an 

appealable order. 

(c) Notice required. FHFA shall 

provide written notice in a timely 

manner to the regulated entity, the 

suspended person and any affiliates 

thereof, and the other regulated entities 

of any exception approved for a 

particular covered transaction. 

Dated: October 15, 2013. 

Edward J. DeMarco, 

Acting Director, Federal Housing Finance 

Agency. 

[FR Doc. 2013–24730 Filed 10–22–13; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 34 and 45 

[Docket No.: FAA–2012–1333; Amendment 

No. 34–5A] 

RIN 2120–AK15 

Exhaust Emissions Standards for New 

Aircraft Gas Turbine Engines and 

Identification Plate for Aircraft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The FAA is making technical 

changes to a final rule published in the 

Federal Register on December 31, 2012. 

That final rule amended the emission 

standards for certain turbine engine 

powered airplanes to incorporate the 

standards promulgated by the United 

States Environmental Protection Agency 

(EPA) on June 18, 2012. The final rule 

contained six minor technical errors: 

One in the authority citation, and five 


tkelley on DSK3SPTVN1PROD with RULES
63016 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

in tables listing the emissions standards 

for engines manufactured on and after 

July 18, 2012. In addition, we are 

correcting an error in a definition that 

existed before the final rule and was 

overlooked. The FAA is issuing this 

technical amendment to correct these 

errors. 

DATES: This amendment is effective 

October 23, 2013. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, 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; email Aimee.Fisher@faa.gov. 

For legal questions concerning this 

action contact Karen Petronis, 

International Law, Legislation and 

Regulations Division (AGC–200), Office 

of the Chief Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3073, email 

Karen.Petronis@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 231(a)(2)(A) of the Clean Air 

Act (CAA) (42 U.S.C. 7571) directs the 

Administrator of the EPA to propose 

aircraft emission standards applicable to 

the emission of any air pollutant from 

classes of aircraft engines which, in the 

EPA Administrator’s judgment, causes 

or contributes to air pollution that may 

reasonably be anticipated to endanger 

public health or welfare. These emission 

standards have been promulgated by the 

EPA in 40 CFR part 87. 

Section 232 of the CAA (42 U.S.C. 

7572) then directs the FAA to prescribe 

regulations to ensure compliance with 

the EPA’s standards. The FAA has 

promulgated these emission standards 

in 14 CFR part 34, and in the engine 

marking requirements in part 45. 

The EPA initially regulated gaseous 

exhaust emissions, smoke and fuel 

venting from aircraft in 1973, with 

occasional revision. Since the EPA’s 

adoption of the initial regulations, the 

FAA has taken subsequent action to 

ensure that the regulations in 14 CFR 

are kept current with the EPA’s 

standards. 

On July 27, 2011, the EPA proposed 

new aircraft engine emission standards 

for oxides of nitrogen (NOX), 

compliance flexibilities, and other 

regulatory requirements for aircraft 

turbofan or turbojet engines with rated 

thrusts greater than 26.7 kilonewtons 

(kN) (76 FR 45012). The EPA also 

proposed adopting the gas turbine 

engine test procedures of the 

International Civil Aviation 

Organization (ICAO). The final rule 

adopting these proposals was published 

on June 18, 2012 (77 FR 36342), and was 

effective July 18, 2012. 

On December 31, 2012, the FAA 

published a final rule with a request for 

comments (77 FR 76842) adopting the 

EPA’s new emissions standards in part 

34. Although the EPA’s NPRM 

presented an opportunity to comment 

on the proposed regulations and the 

EPA addressed them in its final rule, the 

FAA sought public comment on its final 

rule. 

The FAA received three comments on 

the final rule. Concurrent with the 

publication of this technical 

amendment, the FAA is publishing a 

disposition of comments to address the 

comments received. No changes are 

being made to the final rule based on 

those comments, and the comments did 

not affect the corrections adopted here. 

Discussion of Technical Amendments 

1. Authority Citation 

In the amendatory language of the 

final rule, we inadvertently changed the 

authority citation for section 34 by 

replacing the semicolon after ‘‘42 U.S.C. 

4321 et seq., 7572’’ with the letter ‘‘1.’’ 

No change to the authority citation was 

intended. We are correcting this error 

and returning the authority citation to 

what was in place prior to the final rule. 

2. § 34.1—Definitions 

In the definition of ‘‘Standard day 

conditions,’’ the value for ‘‘specific 

humidity’’ is incorrectly listed as ‘‘0.00 

kg H2O/kg dry air.’’ The correct value is 

‘‘0.00634 kg H2O/kg dry air.’’ This error 

has existed in § 34.1 for some time, and 

the FAA is unable to determine when 

this error was introduced. In contrast, 

the EPA’s rule correctly defines the 

term. 

The FAA can find no evidence that 

the existence of this error has caused 

any significant adverse impact on 

engine manufacturers. These 

manufacturers have been using the 

EPA’s definition to establish compliance 

with the exhaust emission requirements. 

However, any inconsistency between 

the regulations of the EPA and the FAA 

could cause confusion. The FAA 

intended to correct this error in the final 

rule, but inadvertently left this change 

out. 

Since this correction is not expected 

to impose any additional burden on the 

manufacturers subject to these 

regulations, the FAA is adopting this 

change in this document. 

3. § 34.23—Exhaust Emission Standards 

for Engines Manufactured On and After 

July 18, 2012 

In § 34.23, there are two tables that 

were published with errors that create 

inconsistencies with similar tables in 

the EPA’s rule. In the NPRM, the FAA 

stated its intent to adopt the standards 

promulgated by the EPA. The FAA is 

correcting these errors. 

A table in § 34.23(a)(2) entitled ‘‘Tier 

6 Oxides of Nitrogen Emission 

Standards for Subsonic Engines’’ was 

published with two errors in the column 

labeled ‘‘Rated output rO (kN).’’ The 

FAA is correcting these errors as 

follows: 

Current language Correction 

26.7 < rO < 89.0 .......... 26.7 < rO ≤ 89.0. 

rO > 89.0 ...................... No change. 

26.7 < rO ≤ 89.0 ........... No change. 

rO > 89.0 ...................... No change. 

All ................................. rO ≥ 26.7. 

In § 34.23(b)(1), the table entitled 

‘‘Tier 8 Oxides of Nitrogen Emission 

Standards for Subsonic Engines’’ was 

published with three errors in the 

column labeled ‘‘Rated output rO (kN).’’ 

The FAA is correcting these errors as 

follows: 

Current language Correction 

26.7 < rO < 89.0 .......... 26.7 < rO ≤ 89.0. 

rO > 89.0 ...................... No change. 

26.7 < rO < 89.0 .......... 26.7 < rO ≤ 89.0. 

rO > 89.0 ...................... No change. 

All ................................. rO ≥ 26.7. 

List of Subjects in 14 CFR Part 34 

Air pollution control, Aircraft. 

The Amendments 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends Chapter I of Title 14 Code of 

Federal Regulations as follows: 

PART 34—FUEL VENTING AND 

EXHAUST EMISSION REQUIREMENTS 

FOR TURBINE ENGINE POWERED 

AIRPLANES 

■ 1. The authority citation for part 34 is 

revised to read as follows: 

Authority: 42 U.S.C. 4321 et seq., 7572; 49 

U.S.C. 106(g), 40113, 44701–44702, 44704, 

44714. 

Subpart A—General Provisions 

■ 2. Amend § 34.1 by revising the 

definition for ‘‘Standard day 

conditions’’ to read as follows: 

§ 34.1 Definitions. 

* * * * * 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 63017 

Standard day conditions means the 

following ambient conditions: 

temperature = 15 °C, specific humidity 

= 0.00634 kg H2O/kg dry air, and 

pressure = 101.325 kPa. 

* * * * * 

Subpart C—Exhaust Emissions (New 

Aircraft Gas Turbine Engines) 

■ 3. Amend § 34.23 by revising 

paragraphs (a)(2) and (b)(1) to read as 

follows: 

§ 34.23 Exhaust Emission Standards for 

Engines Manufactured on and after July 18, 

2012. 

* * * * * 

(a) * * * 

(2) Except as provided in §§ 34.9(b) 

and 34.21(c), for Classes TF, T3 and T8 

engines manufactured on and after July 

18, 2012, and for which the first 

individual production model was 

manufactured on or before December 31, 

2013 (Tier 6): 

TIER 6 OXIDES OF NITROGEN EMISSION STANDARDS FOR SUBSONIC ENGINES

Class Rated pressure ratio—rPR Rated output rO 

(kN) 

NOX

(g/kN) 

TF, T3, T8 ............................ rPR ≤ 30 ............................ 26.7 < rO ≤ 89.0 ................ 38.5486 + 1.6823 (rPR) ¥ 0.2453 (rO) ¥ (0.00308 

(rPR) (rO)). 

rO > 89.0 ........................... 16.72 + 1.4080 (rPR). 

30 < rPR < 82.6 ................ 26.7 < rO ≤ 89.0 ................ 46.1600 + 1.4286 (rPR) ¥ 0.5303 (rO) + (0.00642 

(rPR) (rO)). 

rO > 89.0 ........................... ¥1.04 + 2.0 (rPR). 

rPR ≥ 82.6 ......................... rO > 26.7 ........................... 32 + 1.6 (rPR). 

* * * * * 

(b) * * * 

(1) For Classes TF, T3 and T8 engines 

of a type or model of which the first 

individual production model was 

manufactured after December 31, 2013 

(Tier 8): 

TIER 8 OXIDES OF NITROGEN EMISSION STANDARDS FOR SUBSONIC ENGINES

Class Rated pressure ratio—rPR Rated output rO 

(kN) 

NOX

(g/kN) 

TF, T3, T8 ............................ rPR ≤ 30 ............................ 26.7 < rO ≤ 89.0 ................ 40.052 + 1.5681 (rPR) ¥ 0.3615 (rO) ¥ (0.0018 

(rPR) (rO)). 

rO > 89.0 ........................... 7.88 + 1.4080 (rPR). 

30 < rPR < 104.7 .............. 26.7 < rO ≤ 89.0 ................ 41.9435 + 1.505 (rPR) ¥ 0.5823 (rO) + (0.005562 

(rPR) (rO)). 

rO > 89.0 ........................... ¥9.88 + 2.0 (rPR). 

rPR ≥ 104.7 ....................... rO ≥ 26.7 ........................... 32 + 1.6 (rPR). 

* * * * * 

Issued under authority of 49 U.S.C. 106 

and section 232 of the Clean Air Act (42 

U.S.C. 7571) in Washington, DC, on October 

1, 2013. 

Lirio Liu, 

Director, Office of Rulemaking. 

[FR Doc. 2013–24712 Filed 10–22–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 34 and 45 

[Docket No.: FAA–2012–1333; Amendment 

Nos. 34–5 and 45–28] 

RIN 2120–AK15 

Exhaust Emissions Standards for New 

Aircraft Gas Turbine Engines and 

Identification Plate for Aircraft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; disposition of 

comments. 

SUMMARY: On December 31, 2012, the 

FAA published a final rule with a 

request for comments amending the 

emission standards for turbine engine 

powered airplanes to incorporate the 

standards that were promulgated by the 

United States Environmental Protection 

Agency (EPA) on June 18, 2012. The 

FAA’s final rule fulfilled its 

requirements under the Clean Air Act 

Amendments of 1970 to issue 

regulations ensuring compliance with 

the EPA standards. Although the public 

had an opportunity to comment on the 

EPA’s rule, and the FAA adopted the 

same requirements, the FAA sought 

public comment on its final rule. This 

action addresses the comments the FAA 

received. 

DATES: October 23, 2013. 

ADDRESSES: You may review the public 

docket for this rulemaking (Docket No. 


tkelley on DSK3SPTVN1PROD with RULES